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WESTERN RAILWAY WESTERN RAILWAY (SURVEY & CONSTRUCTION) OFFICE OF THE DY.CHIEF ENGINEER(C)II, 8 TH FLOOR, CHURCHGATE, MUMBAI – 400 020. TENDER DOCUMENTS TENDER NO. Dy CE(C)II/CCG/313 Name of work: Laying and Linking of Broad Gauge Main line, loop lines including points and crossings at various yards, spreading of ballast, tamping of track, dismantling of existing BG track and other miscellaneous works between KM 15 to KM 32.30 in connection with construction of 6th line between Mumbai Central to Borivali stations of Mumbai Division of Western Railways. Mode of Tender : E-Tender Approx cost : Rs. 14,25,63,259.44 (Approx) Completion period: 24 (Twenty Four) months including monsoon Date of closing.: 31.08.2018 (At 15:00 Hrs) Date of opening.: 31.08.2018 (At 15:30 Hrs) Note:- i) Tender documents are not transferable. ii) While submitting the offer, requisite amount of tender cost shall be submitted without which the offer shall be summarily rejected. iii) For execution of agreement – “The agreement shall be executed based on the hard- copy available in the Railway’s Office”.

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WESTERN RAILWAY

WESTERN RAILWAY

(SURVEY & CONSTRUCTION) OFFICE OF THE

DY.CHIEF ENGINEER(C)II, 8TH FLOOR, CHURCHGATE, MUMBAI – 400 020.

TENDER DOCUMENTS

TENDER NO. Dy CE(C)II/CCG/313

Name of work: Laying and Linking of Broad Gauge Main line, loop lines including

points and crossings at various yards, spreading of ballast, tamping of track, dismantling of existing BG track and other miscellaneous works between KM 15 to KM 32.30 in connection with construction of 6th line between Mumbai Central to Borivali stations of Mumbai Division of Western Railways.

Mode of Tender : E-Tender Approx cost : Rs. 14,25,63,259.44 (Approx) Completion period: 24 (Twenty Four) months including monsoon Date of closing.: 31.08.2018 (At 15:00 Hrs) Date of opening.: 31.08.2018 (At 15:30 Hrs) Note:- i) Tender documents are not transferable. ii) While submitting the offer, requisite amount of tender cost shall be submitted without

which the offer shall be summarily rejected. iii) For execution of agreement – “The agreement shall be executed based on the hard-

copy available in the Railway’s Office”.

Page No. 2 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

INDEX

Sr

No. Description Page No.

1 Index of Tender Document. 2

2 Instructions to tenderer/s regarding documents downloaded from Internet.

3

3 Instruction to Tenderers 4

4 First sheet - Instruction to tenderers 5

5 Second sheet - Instructions to tenderers 6-33

6 Non-Technical

Special conditions / specifications of contract.

34-71

7 Nature and scope of work.

Technical special conditions & Specifications

of contract.

72-110

8 Safety Precautions 111-115

9 Proforma about credentials 116-125

Page No. 3 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

INSTRUCTIONS TO TENDERERS REGARDING TENDER FORMS DOWNLOADED FROM INTERNET

1. Offer for the Tender is to be submitted online through E-Tender Portal www.ireps.gov.in and details are to be entered by the tenderer online. It is advisable to download and study the tender document before submitting their offers. Submission of Physical copy of the offers or tender document is prohibited.

2. This tender is required to be submitted as per the tender conditions through online portal

www.ireps.gov.in before the date and time stipulated in the tender document. The tender details are available on E-Tender portal www.ireps.gov.in and the same can be used while submitting the offer. Tenderers will require a valid Class III Digital Signature certificate to register and submit their offer through E – Tender mode. The cost of tender document as indicated on the website www.ireps.gov.in will have to be deposited by the tenderer. Tender not accompanied with the document proving submission of cost of tender document and Earnest Money Deposit will be summarily rejected.

3. Tenderers are advised to register their agency well in advance on E-Tender portal of

www.ireps.gov.in and submit their offer through E-Tender before the stipulated time. It is responsibility of the tenderer to check any correction or any modifications published subsequently in Website and the same shall be taken into account while submitting the tender online. Tenderer shall download corrigendum (if any), print it out, sign and upload it with the main tender document. Tender document not accompanied by published corrigendum/s is liable to be rejected. The Railway will not be responsible for any delay in submitting through online portal www.ireps.gov.in.

4. Tenderer/s are free to download tender document at their own risk and cost, for the purpose of

perusal and accustomed themselves regarding instructions, scope and location of work, Technical and Non-Technical special conditions, etc. stipulated in the tender document. After award of work, an agreement will be prepared based on the master copy of tender document available in the office.

5. If any change/addition/deletion is made by the Tenderer/Contractor and the same is detected

at any stage even after the award of the tender, full earnest money deposit will be forfeited and the contract will be terminated at his/their risk and cost. The tenderer is also liable to be banned from doing business with Railways and/or prosecuted.

6. The tenderers will be considered to have agreed the following declaration while submitting

their offer . a) I/We have submitted the tender form from the Internet site www.ireps.gov.in.

In case, any discrepancy is found, I/We understand that my/our tender will be summarily 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.

Signature of Tenderer/s Dated : Address:

Page No. 4 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

TENDER DOCUMENT 1. Name of work: Laying and Linking of Broad Gauge Main line, loop lines including

points and crossings at various yards, spreading of ballast, tamping of track, dismantling of existing BG track and other miscellaneous works between KM 15 to KM 32.30 in connection with construction of 6th line between Mumbai Central to Borivali stations of Mumbai Division of Western Railways.

2. Mode of Tender : E-Tender (Two Packet). 3. Approximate cost of work : Rs. 14,25,63,259.44 4. Earnest Money : Rs. 8,62,820.00 5. Completion Period : 24 Months including monsoon. 6. Cost of Tender Document : 10,000/-. __________________________________________________________________ Tender closing time & date : at 15.00 hrs. on 31.08.2018 (Friday). Tender opening time & date : at 15.30 hrs. on 31.08.2018 (Friday). On E-Tender portal www.ireps.gov.in. _____________________________________________________________

IMPORTANT NOTE: Tenderer may please take note of following: -

Method of submission of Bid Document The tender shall be submitted as per instruction given below: 1. The offer must be submitted online at E-Tender Portal www.ireps.gov.in. 2. The required EMD and Cost of Tender Document must be submitted along with the tender Document as instructed on www.ireps.gov.in only. Otherwise, the tender shall be summarily rejected.

3. Tenderer(s) must give their complete postal address of correspondence correctly with PIN code in the “Mandate Form” as provided in the tender document. 6. The copies of the various letters/ documentary proofs/ statements etc. should be uploaded with Tender document and shall be properly indexed. 7. The tenderer/s shall quote his/their rate percentage above / below /at par under relevant column against specified schedules. 8. The required eligibility criteria have been prescribed in Clause No.2.3 of Tender Document. It is expected that the tenderer/s shall upload adequate documentary proof of having fulfilled those eligibility criteria. Normally, there shall be no back reference to confirm the credentials. 9. If the tenderers do not submit any proof for meeting with the eligibility criteria (Clause No. 2.3 as laid down in the NIT and Tender Document, the offer shall be considered incomplete and is liable to be rejected.

Page No. 5 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

TENDER FORM FIRST SHEET

Name of Work: Laying and Linking of Broad Gauge Main line, loop lines including

points and crossings at various yards, spreading of ballast, tamping of track, dismantling of existing BG track and other miscellaneous works between KM 15 to KM 32.30 in connection with construction of 6th line between Mumbai Central to Borivali stations of Mumbai Division of Western Railways.

To, The President of India, Acting through the Chief Administrative Officer (Construction) Western Railway, Churchgate MUMBAI – 400020 1. I/We_____________________________________have read the various conditions to tender attached hereto and hereby agree to abide by the said conditions. I/We also agree to keep this tender open for acceptance for a period of 60 days from the date fixed for opening the same and in default thereof, I/we will be liable for forfeiture of my/our "Initial Security Deposit i.e. EMD". I/we offer to do the above work for Deputy Chief Engineer (construction) II, Western Railway, at the rates quoted in the attached schedule and hereby bind myself/ourselves to complete the work in all respect within 24 Months including monsoon from the date of issue of letter of acceptance of the tender. 2. I/we also hereby agree to abide by the Indian Railway Standard General Conditions of Contract (July 2014) with all correction slips up-to-date and to carry out the work according to the Special Conditions of Contract and specifications of materials and works as laid down by Railway in the annexed Special Conditions/Indian Railways Unified Standard Specifications (Works & Material) Volume I & II 2010 and the Unified Standard Schedule of Rates (Works & Materials)-2011 of Western Railway with all correction slips up to date of opening of tender. 3. A sum of Rs. 8,62,820.00 (Rupees Eight Lakhs Sixty two Thousand Eight hundred Twenty only) is herewith forwarded as Earnest Money. Full value of the Earnest Money shall stand forfeited without prejudice to any other right or remedies in case my/our tender is accepted and if – (a) I/we do not execute the contract documents within seven days after receipt of notice issued by the Railway that such documents are ready and (b) I/we do not commence the work within 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 modification as may be mutually agreed to between us and indicated in the letter of acceptance of my/our offer for this work. Signature of Witness.

Signature of Tenderer(s) (1)___________________________ _____________________________ (2)__________________________ Date __________________________

Tenderer/s address: ----------------------------

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

Page No. 6 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

SECOND SHEET

TENDER FORM Name of Work: Laying and Linking of Broad Gauge Main line, loop lines including

points and crossings at various yards, spreading of ballast, tamping of track, dismantling of existing BG track and other miscellaneous works between KM 15 to KM 32.30 in connection with construction of 6th line between Mumbai Central to Borivali stations of Mumbai Division of Western Railways.

1. Instructions to Tenderers and Conditions of Tender The following documents form part of Tender/Contract: (a) Tender form - First sheet and second sheet. (b) Special Conditions/Specifications (enclosed). (c) Schedule of approximate quantities (enclosed). (d) Indian Railway Standard General Conditions of Contract (July 2014) and Indian Railways

Unified Standard Specifications (Works & Materials) Volume-I & II – 2010 amended up to date. Copy of same can be obtained on payment from the General Manager (Engg.), Western Railway, Churchgate, Mumbai 400020.

(e) Western Railway Unified Standard Schedule of Rates (Works & Materials) 2011. The copy

can be obtained on payment, from Office of the General Manager (Engg.), Western Railway, Churchgate, Mumbai-400020.

(f) All general and detailed drawings pertaining to this work which will be issued by the

Engineer or his representative (from time to time) with all changes and modifications. It is a part of Tender document.

SYSTEM OF TENDERING 2. Tender will consist of Two Packets and is to be submitted up to 15.00 Hrs on 31.08.2018 (Friday) on E-tender portal www.ireps.gov.in. The tender will be opened on 31.08.2018 (Friday) at 15.30 hrs on website www.ireps.gov.in.

Payment of Earnest money deposit (EMD) and Tender Document cost (TDC) in respect of e-tendering, should be done through net banking or payment gateway only.

Note: Fixed Deposit Receipt (FDR) will not be accepted as EMD for tenders on IREPS (E-tender

portal).

2.1 As far as possible the tenderer/s bid should not have any condition, specification, or assumption contrary to the provisions in these tender documents on which the tenderer/s bid is

Page No. 7 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

based. Tenderer/s special conditions, not in conformity with the tender specifications, are required to be listed separately. It needs to be emphasized that only such conditions/stipulations which are at variance with the tender conditions, codal provision stipulated in the tender documents need be mentioned. In case tenderer/s choose to stipulate such special condition taking into account the restrictions mentioned elsewhere in the tender document, only such of the special conditions / specifications stipulated by tenderer/s which have been specifically approved by the Railways in writing shall be deemed to have been accepted by the Railways. The tenderer/s conditions/stipulations/codal provision which is at variance with the tender conditions/codal provisions shall be withdrawn by the tenderer/s, while referring back to them. 2.2 Nature of tendering (Two Packet System). The Tender will be opened online at www.ireps.gov.in at 15.30hrs. 31.08.2018 (Friday). The tenderer will upload the scanned copies of following documents while submitting their offer. ; i) Audited Statement of Annual Turn over ii) Earnest Money in proper form. iii) Proforma No. I-A, IB, II, III, IV & V (attached herewith). iv) Method statement, PERT CHARTS & Construction schedule vis-à-vis deployment resources. v) Bio data of key design and/or construction Engineers to be involved in this work. vi) Partnership deed. vii) Power of Attorneys. viii) Tender documents duly signed & completed. ix) Any other document the tenderers may like to submit in support of his credentials/scheme. x) Performance record for the last 5 years showing if the firm - a) Was awarded all contracts where firm's bid price was lowest? b) Was awarded some contracts even though firm's bid price was not lowest? c) Was denied any contract when the firm's bid price was lowest? d) Was denied credit, bond or bank Guarantee? e) Was incapable of performance of contract resulting in rescinding the contract at firm’s

account? f) Was unable to complete awarded work? g) Was penalized for failure to adhere to completion date? h) Earned bonus for early completion: i) Took recourse to arbitration for settlement of disputes: j) Only those tenderer/s who possess necessary past experience, special Tools & Plants and

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

2.3 CONTRACTOR'S CREDENTIALS Only such tenderer/s need apply who have (1) Total contractual amount received during the last three financial years and in current financial year (i.e. current year up to the date of opening of the tender and three previous financial years) as per attested certificate from the employer/ client, audited balance sheet duly certified by the chartered Accountant etc. should be minimum of 150% of advertised tender value of work.

Page No. 8 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

(2) Should have completed at least one similar single work having a minimum value of 35 % of advertised tender value of work in the last three financial years (i.e. current year up to the date of opening of the tender and three previous financial years). (i) The similar nature of work as mentioned in (2) above means that the work of

“Any Permanent Way work involving track linking or track relaying (either TRR or TSR) or replacement of turnouts or manual deep-screening of track. The tenderer must have an experience of executing Permanent Way work on running line irrespective of the value of such work done either in the same contract or in any other contract during the qualifying period.”

(ii) For the single similar work physically completed on or before date of opening of tender (i.e. current year up to the date of opening of the tender and three previous financial years)shall only be considered. Work that are ‘In progress’ will not be accepted and works that have been commenced prior to the start of qualifying period will be accepted, so long as they are physically completed on or before the date of opening of tenders (i.e. current year up to the date of opening of the tender and three previous financial years) and the full value of work shall be considered. (iii) Total value of similar nature of works completed during the qualifying period and not the payment received within qualifying period alone, should be considered. In case, final bill of similar nature of work has not been passed and final measurements have not been recorded, the paid amount including statutory deduction is to be considered. If final measurements have been recorded and work has been completed with negative variation, then also the paid amount including statutory deduction is to be considered. However, if final measurements have been recorded and work has been completed with positive variation but variation has not been sanctioned, original agreement or last sanctioned agreement whichever is lower should be considered for judging eligibility. (iv) In case of composite works involving combination of different works, even separate completed works of required value i.e. 35% of total tender value will be considered while evaluation of the eligibility criteria. 2.4 Combined Eligibility Criteria 2.4(A) The tenderer who qualifies on criteria 2.3 (1 & 2)above and who becomes lowest in more than one tender and/or is executing work/s in the same project (Providing 6th line between BCT – BVI stations) either in individual capacity or as a constituent of JV will also have to qualify combined eligibility criterion. The combined eligibility will be ascertained based on tenderer’s bid capacity. The bid capacity of the firm shall be ascertained as below: Bid capacity =[1/0.35]*[W1+W2+W3….+WN] W1, W2, W3, WN=Value of 1st, 2nd, 3rd, Nth completed works respectively within qualifying period of current and previous three financial years.

Page No. 9 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

N=Number of completed works within qualifying period of current and three financial years. The bid capacity of the tenderer arrived above shall be equal to or more than sum of the following, which is termed as the required bid capacity for the tender. a) Total NIT values of all under finalization tenders in (6th line project) where the tenderer is lowest either in individual capacity or as a constituent of JV. b) Sum total of unfinished values of the revised cost of contract/s under execution in the same project (6th line project) by the same tenderer either in individual capacity or as a constituent of a JV. The unfinished values of contract will be ascertained as difference of contract value of work minus payment received against above contract as on a day prior to the date of opening. i.e. Bid capacity ≥ [Sum total of NIT values of all tenders where the firm is lowest *+ Sum total values of unfinished revised cost of contracts under execution**] *Either in individual capacity or as a constituent of JV irrespective of firm’s share in the JV. ** Unfinished cost of ongoing contract will be difference of original contract value minus gross billed amount paid prior to tender opening and as certified by concern Dy.CE(C) or XEN(C). In case the tenderer is lowest in more than one tender under consideration, however, falls short of bid capacity, then the tenderer will be considered for awarding any of the work at the sole discretion of the Railways. The decision of the Railway will be final and binding on the tenderer. The same is explained with following two examples. (1) If the tenderer is already executing the work in 6th line project between Mumbai central to Borivali stations of unfinished value of Rs.6crores (Original Contract value is Rs.10 crores and gross payment received is Rs. 4crores)and is lowest intender having NIT value of Rs. 12 crores then:- Minimum bid capacity required is ofRs.18 crores [Rs.12 crores (NIT value)+Rs. 6 crores (unfinished value of on going work)] The tenderer will qualify combined eligibility criterion if he has completed works of total value of Rs.6.3 crores [(12+6) x (0.35)] during qualifying period. (2) If the tenderer is lowest in two tenders of NIT values of Rs.6 crores and Rs.12 crores respectively and he is executing the work in 6th line project between Mumbai central to Borivali stations of unfinished value of Rs. 6crores (Original Contract value is Rs.10 crores and gross payment received is Rs.4 crores) then:- Minimum bid capacity required is of Rs. 24 crores [Rs. 18 crores (Total NIT values of two tenders where the tenderer is lowest) +Rs. 6 crores (unfinished value of ongoing contract)] The tenderer will qualify combined eligibility criterion if he has completed works of total value ofRs.8.4 crores during qualifying period.

Page No. 10 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

2.4(B) The tenderer/s should also ensure while submitting this tender. i) Whether possess necessary tools and plants to execute this work. The tenderer should

submit List of Plants and machineries available on hand (Own) and proposed to be inducted (own and hired to be given separately) for the subject work.

ii) Whether have sufficient qualified personnel to depute for execution of this work. The tenderer should submit a List of personnel, Organization available on hand and proposed to be engaged for the subject work.

iii) Whether capable to execute this work simultaneously with other works in hand. For this the list of works in hand and liability during the year should be furnished. The list of works on hand indicating description of work, contract value, approximate value of balance work yet to be done and date of award.

iv) Whether furnished the details of works tendered for with the comparative position in

respect of other tenderer.

v) Whether furnished the details in regard of experience with Railways.

vi) Whether furnished the details in regard of experience with other departments. Details should contain the remarks for completion of work in time, if not; the reasons should clearly be indicated. The tenderer should furnish supportive documents/ certificates from the Organization with whom they worked/ are working should be enclosed.

vii) Work experience certificate issued by Central Govt/State Govt./ semi Govt.

Organizations/Authorities, PSUs Govt. Of India/ State Govt. shall only be considered. Certificate issued from Private Individual/ Private firms will not be considered.

viii) In all tender costing above Rs.50 lakhs the eligibility criteria as laid down shall be

prescribed in NIT and tender document. It is expected that the tenderer submit adequate documentary proof of having fulfilled those eligibility criteria. There will be no post tender correspondence to confirm the credentials except for the purpose of verifying the attested copies of documents.

ix) If, the tenderer do not submit any proof for meeting with the eligibility criteria as laid

down in the NIT and tender conditions, the offer shall be considered incomplete and shall be summarily rejected. Decision of the Chief Administrative Officer (Construction) Western Railway, Churchgate, Mumbai regarding the acceptability of the scheme shall be final and binding. However, within the framework of scheme as submitted by the tenderer & acceptable to Railways, the Railway can effect suitable modifications to details as necessitated by the provision of various codes, manuals, reference etc.

Page No. 11 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

Conditional tenders are liable to be rejected straight away. Railway reserves the right to reject such tenders summarily without assigning any reasons whatsoever.

2.5 PARTICIPATION OF JOINT VENTURE FIRMS IN WORKS TENDER/S: This Clause shall be applicable to the works tenders of value more than Rs.10.00 Crore only.

GUIDELINES FOR PARTICIPATION OF JOINT VENTRURE FIRMS IN WORKS TENDER.

2.5.1 Separate identity/ name shall be given to the Joint venture firm. 2.5.2 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) and shall not be more than Five if the work involves more than one department.

2.5.3 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. 2.5.4 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. 2.5.5 Normally EMD shall be submitted only in the name of the JV and not in the name of

constituent member. However, in exceptional cases EMD in the name of lead partner can be accepted subject to submission of specific request letter from lead partner stating the reasons for not submitting the EMD in the name of JV and giving written confirmation from the JV partners to the effect that the EMD submitted by the lead partner may be deemed as EMD submitted by JV firm.

2.5.6 One of the members of the JV firm shall be the its lead member who shall have a majority

(at least 51%) share of the interest in the JV firm and also, must have satisfactorily completed in the last three previous financial years and the current financial year up to 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 up to 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 members(s), the lead member has to be an Indian firm with a minimum share of 51%.

2.5.7 A copy of Memorandum of Understanding (MOU) executed by the JV members shall be

uploaded by the JV firm along with the offer on E-Tender portal. 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. The MOU format for this purpose is given in the tender document at the end of JV clause.

Page No. 12 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

2.5.8 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.

2.5.9 Approval for change of constitution of JV firm shall be 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. In any case the lead member should continue to be the Lead Member of the JV firm. Failure to observe this requirement would render the offer invalid.

2.5.10 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.

2.5.11 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.

2.5.12 On issue of LOA, an agreement among the members of the JV firm (to whom the work has

been awarded) has to 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 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 actions due shall be taken against partners of the JV and the JV. This joint venture agreement shall have, inter-alia, following clauses:

2.5.13 Joint and several liability:- The 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 accordance with General and special Conditions of the 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.

2.5.14 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.

2.5.15 Governing Laws:- The joint venture agreement shall in all respect be governed by and

interpreted in accordance with Indian Laws. 2.5.16 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

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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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 authorized member of the JV firm.

2.5.17 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 the said tender/ contract.

2.5.18 Documents to be enclosed by the Joint JV firm along with the tender while uploading it

on E-Tender Portal:- 2.5.19 In case one or more of the members of the JV firm is/are partnership firm(s), following

documents shall be uploaded: (a) Notary 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. (c) Power of attorney (duly registered as per prevailing law) in favour of one of the partners

to sign the MOU and JV Agreement on behalf of the partners and create liability against the firm.

2.5.20 In case one or more members is/are proprietary firm or HUF, the following documents

shall be uploaded:- Affidavit on stamp paper of appropriate value 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 the authority, power and consent given by other members to act on behalf of HUF.

2.5.21 In case one or more members is/ are limited companies, the following documents shall be

uploaded:- (a) Notary certified copy of resolutions 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 MOU, 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. (c) Power of attorney (duly registered as per prevailing law) by the company authorizing the

person to do/act mentioned in the para(a) above. 2.5.22 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

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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date of opening of bids either in their individual capacity or as a member of JV firm or the JV firm in which they were/are members/ partners.

2.5.23 Credentials & Qualifying criteria:- Technical and financial eligibility of the JV firm shall be adjudged based on satisfactory

fulfilment of the following criteria:- 2.5.24 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 up to the date of opening of the tender, one similar single work for a minimum value of 35% of advertised tender value.

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 and superstructure etc.), at least 35% of the value of each such components individually for single similar nature of work should have been satisfactorily completed by 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 pre-

defined with estimated tender cost of if, 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 Rs.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 a 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 compliance of the above mentioned technical eligibility criteria in the tender under consideration.

2.5.25 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

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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the current financial year up to the date of opening of tender shall be at least 150% of the estimated value of the work as mentioned in the tender.

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.

On Non judicial stamp of Rs.100/-

MEMORANDUM OF UNDERSTANDING

FOR JOINT VENTURE AGREEMENT

(1) This memorandum of understanding executed this ______________ day of ________ 20 ___ 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 it successors) of the First Part. AND/ORM/s _____________________________ a partnership firm constituted under the Indian Partnership Act 1932, having its registered office at __________ represented through its partner Shri ________________ / authorized Representative Shri________________ (herein after referred to as _____________ which expression shall unless repugnant to the context thereof includes its successors) of the FIRST PART. AND/OR M/S ______________________ a proprietary concern having its registered office at ______________ represented through its sole proprietor Shri ____________ (hereinafter referred to as __________ which expression shall unless repugnant to the context thereof includes it successors) of the First Part. Whereas, the party of the First part i.e. M/s _______________________ details to be supplied of the expertise in their field. Whereas, the party of the Second part M/s_______________________ details to be supplied of the expertise in their field. Whereas, the part of the Third 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 WR Tender of Indian Railways. Now, therefore, in consideration of the promises and mutual promises and of the undertaking contained herein, it is hereby agreed between the parties of this MOU as follows:-

(2) Purpose of MOU:- M/s ____________________ and __________________ agree to Co-operate with each

other for the purpose of joint participation in the WR Tender and in the event, the contract is awarded, to jointly execute the contract. The broad interfaces and scope of work of each part is set forth below:-

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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_______________________________________________________________________________________________________________________________________________________________________________________________________________

(a) The name of the Joint Venture firm shall be _________________________ (b) The parties, hereto, represent that:- (i) They are in passion of all approvals and valid authorization for the purpose of execution of

this MOU. (ii) They have not entered into any agreement/ MOU of equal or similar nature with any third

party for the WR Tender. That each of the parties of 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 _____________________ % “That M/s _______________ shall be the lead member of J.V. 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 firm with up to three member)/ The other members shall have a share of not less than 10% each (in case of JV firm 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% (strike out which is not applicable). And all right, 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.

3 The parties to this MOU undertake:- a) That after submission of the tender, the MOU shall not be modified/ altered/ terminated

during the validity of the tender including extension and maintenance period except when modification becomes inevitable due to succession laws etc. but in no case the minimum eligibility criteria would be vitiated.

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”.

c) That with respect of the WR tender neither party, nor any subsidiary company of either

party, nor any joint venture company or any other entity, in which the party/ parties is/are in any way interest, shall complete together with or through any third party, nor shall be parties advise, consult for, engage in or otherwise assist in any way person or entity or any affiliate thereof in respect of any orders or contracts related to this tender.

d) That none of the members of joint ventures is black listed and/ or debarred by the Railways or and other ministry or department of Govt. of India/ State Govt. from

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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participation in contract/ under in the past either in individual capacity or the JV firm or partnership firm in which they were/are members/ partners.

4 Joint & Several Liabilities:- In respect of the WR tender, all commercial terms shall comply each part on back to basis

specifications of the WR 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 under take 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 there of arising out of the contract.

5 Shri _________________________ 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 to WR tender /contract. All notices/ correspondence with respect to the contracts would be sent only to this authorized partner/ person of the J.V. Firm.

6 Notwithstanding anything herein, in respect of the WR 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.

7 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 this 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.

8. 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.

9 Use of Machinery, Instruments, Labour force, etc.:- The parties here to 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 the purpose of execution of the contract without any hindrances and obstacles.

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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10 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.

11 Applicable Law:- The MOU and any arrangement/ agreements regarding the performance shall be

constructed and interpreted in accordance with and governed by the Laws of India and shall be subject to the exclusive jurisdiction of the courts at the place where MOU is executed/ signed between the parties.

12 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 (Amendment) Act 2015 or/ any statutory modifications made thereafter. 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 notice to the Joint Venture firm 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.

13 Each part shall have full and sole responsibility to bear the expense of an effect the payment of any taxes, duties, special insurance, fees or assessments of any nature whatsoever (including personal income taxes levied or imposed or 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.

In witness whereof, the parties have caused this MOU to be executed by their respective authorized representative on the date and year mentioned herein above.

Signature:- Signature:- Signature:- Shri __________ of Shri_______________ of Shri ____________ of M/s _________ M/s ____________________ M/s _______________ Witnesses:- 1) Name:- Address:-

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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2) Name:- Address:- 3. Inspection of site before tendering etc. The tenderer/s shall inspect the proposed site of work, acquaint himself/themselves with the site conditions, working hours, layout of land, trees and shrubs that he/they will have to cut for making approach roads, pathways available, working area, local conditions, etc. and all other relevant items connected with the execution of the work. No claim shall be entertained from the Contractor/s for making his/their own arrangements for approaches/approach road in 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 construction of approaches/approach road etc. 3.1. Tenderer/s Credentials: The tenderer/s should submit the following documents in support of their financial as well as work experience. Attested certificate from the employer/ client, audited balance sheet duly certified by the chartered Accountant etc, indicating contractual receipts/ for the preceding three years(i.e. current year up to the date of opening of the tender and three previous financial years). Attested copies of the certificates for works completed successfully during the preceding three years and payment received in each year against those works issued by the concerned department.

4.0 Drawing for the work: The Drawing for the work can be seen in the office of the Deputy Chief Engineer(C) II /Churchgate, Mumbai – 400 020at any time during office working hours. These drawings are only for the guidance. Detailed working drawings (if required) will be given by the Railway from time to time. All general and detailed drawings pertaining to this work will be issued by the Engineer or his representative (from time to time) with all changes and modification.

5.0 Earnest Money

5.1 The tenderer/s is / are required to deposit as advised on E-Tender portal www.ireps.gov.in for a sum of Rs. 8,62,820.00 (Rupees Eight Lakhs Sixty two Thousand Eight hundred Twenty only) which will constitute the Earnest Money. Tender documents not accompanied with the requisite earnest money shall be summarily rejected. 5.2 The tenderer shall hold the offer open for a period of 60 days (Sixty days) from the date of opening of Bids. It is understood that the tender documents have been sold/issued to the tenderer and the tenderer is being permitted to tender in consideration of the stipulation on his part that after submitting his tender, tenderer will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to Railway. Should the tenderer/s fail to observe or comply with the forgoing stipulation the aforesaid amount of Rs. 8,62,820.00 (Rupees Eight

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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Lakhs Sixty two Thousand Eight hundred Twenty only) shall be liable to be forfeited to the Railway. 5.3 In case the tenderer/s withdraws his offer within the validity date of his/their offer or fails to undertake the contract after acceptance of his/their tender, the full earnest money shall be forfeited. 5.4 (Ref: CAO (C)’s letter No. WNC/Misc/E-Tendering // WNC/623/0 (Dup) dated 15.09.2016) The payment of Earnest Money Deposit (EMD) in respect of E-Tendering, should be done through Net Banking or Payment Gateway only. Note: Fixed Deposit Receipt (FDR) will not be accepted as EMD for tenders invited on IREPS (e-tender portal). 5.5 Should the tenderer fail to observe or comply with the foregoing stipulations, the amount deposited, as initial security for the due performance of the above stipulation shall be forfeited by the Railway. 5.6 The earnest money of the unsuccessful tenderer(s) will, save as therein before provided, be returned but the Railway shall not responsible for any loss or depreciation that may happen to the security for the due performance of the stipulation to keep the offer open for the period specified in the tender documents to the earnest money while in Railway’s possession nor be liable to pay interest thereon. 5.7 If the tender is accepted, the amount of Earnest Money will be retained and adjusted as Security Deposit for the due and faithful fulfilment of the contract. This amount of Security Deposit shall be forfeited if the tenderer(s)/Contractor(s) fail to execute the Agreement Bond within 7 days after receipt of notice issued by Railway that such documents are ready or to commence the work within 10 days after receipt of the order to that effect. 6. REFUND OF EARNEST MONEY DEPOSIT (EMD) TO UNSUCCESSFUL TENDERER/S: The following guidelines have been formulated for the guidance of the Zonal Railway/PSU in order to expedite the release of EMD of the unsuccessful tenderers so as to reduce the lock-in period of the tenderer’s liquidity and enable them to participate in more number of tenders. 1. In two packet system of tendering, the EMD of tenderers not found technically suitable (for opening of the price bid), may be released after acceptance of recommendations of the Tender Committee by the accepting authority on the first packet. 2. In case negotiations are proposed to be held, the Earnest Money(s) submitted by all the tenderers who have qualified in technical evaluation other than the tenderer with whom negotiation has been proposed, may be released after the acceptance of the recommendations of the tender committee by the accepting authority for holding negotiations. 7.0 Tenders containing erasures and /or alterations of the tender documents are liable for rejection. Any correction made by the tenderer/s in his entries must be attested.

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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8.0 If a tenderer/s deliberately gives wrong information in their tender or create circumstances for the acceptance of his/their tender, the Railway reserves the right to reject such tender at any stage. 9.0 If the tenderer expires after the submission of his tender or after the acceptance of his tender, the Railway shall deem such tender as cancelled. If a partner of the firm expires after submission of their tender or after acceptance of their tender, the Railway shall deem such tender as cancelled unless the firm retains its character. 10.0 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.

10.1 Recovery Of Security Deposit : Unless otherwise specified in the Special Conditions, if any, the Security Deposit/rate of recovery/mode 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 of 10% of the 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.

Security Deposit shall be returned to the contractor after the 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 contractor and that there is no due from the contractor to Railways against the contract concerned. Before releasing the SD, an unconditional and unequivocal ‘No Claim Certificate’ from the contractor concerned should be obtained.

Note -

(i) After the work is physically completed, Security Deposit recovered from the running bills of a contractor can be returned to him, if he so desires, in lieu of FDR/irrevocable Bank Guarantee for equivalent amount to be submitted by him.

(ii) In case of contracts of value Rs. 50 crore and above, irrevocable Bank Guarantee can also be accepted as a mode of obtaining security deposit.

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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

11. Partnership deeds, Powers of Attorney, etc : 11.1 The tenderer/s shall clearly specify whether the tender is submitted on his behalf or on

behalf of the partnership concern. If the tender is submitted on behalf of partnership concern he should submit the certified copy of partnership deed along with the tender and authorisation to sign the tender documents on behalf of partnership 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, recognise such power of attorney and changes after obtaining proper legal advice the cost of which will be chargeable to the Contractor. The charges have been fixed at Rs.100/- payable by the tenderer at the time of submitting the power of Attorney for scrutiny and legal advice.

11.2 If the power of attorney is not accepted, otherwise than for legal defect, the charges will be

refunded. If the Power of Attorney is returned on account of legal defect for correction, separate charges of Rs.50.00 for scrutiny of corrected power of attorney will be payable by the tenderer while resubmitting power of attorney. The same charges will be recoverable for security of all documents.

11.3 No power of attorney in favour of an individual person will be accepted if it is irrevocable. 11.4 In case, where the power of attorney/partnership deed has not been executed in English,

the true and authenticated copies of the translation, of the same by Advocate, authorised translator of courts and licensed petition writers should be supplied by the Contractor/s while tendering for the work.

11.5 The tenderer whether a sole proprietor, a limited company or a partnership firm if they want

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

12. Care In Submission Of Tenders :

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

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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

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

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

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

(c) The 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, recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor.

Note: Tenderer /s are requested to submit the documents mentioned as above and fill up the Proforma VI at page 104 of Tender Document. If tenderer /s fails to submit above documents then there will be no post tender correspondence with the tenderer /s.

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

tender being rejected. 14. Rights of Railway to deal with Tenders:

The authority for the acceptance of the tender will be rest with the Railway which does not bind itself to accept the lowest or any other tender nor does the Railway undertake to assign reason for declining to consider or reject any particular tender or tenders. 15. Execution of Contract Documents: The successful tenderer/s shall be required to execute an agreement with the Railway for carrying out the work according to “General Condition of Contract (July 2014)”, Special Conditions/Specifications annexed to this tender and specifications for works and materials as laid down in the Indian Railway Unified Standard Specifications (Works & Materials) Volume-I & II of 2010, amended up to date. All the conditions of this tender shall form and be incorporated in the contract Agreement of the successful tender/s and as modified and accepted.

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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16. Sales Tax/Commercial Tax/Works Contract Tax: State Government/Local bodies, Sales Tax/Commercial tax at the rate prescribed by the State Government for works contract will be recovered from the bills from time to time for works carried out in the State of Maharashtra. 17. Employment of Retired Railway Employees, Power of Attorney etc. Should a tenderer be a retired Engineer of the Gazetted rank or any other Gazetted Officer working before his retirement, whether in the executive or Administrative capacity, or whether holding a pensionable post or not, in the Engineering department of the Railways owned and administered by the President of India for the time being or should a tenderer being partnership firm have as one of its partners a retired Engineer or a retired Gazetted Officer as aforesaid or should a tenderer being as incorporated company have any such retired Engineer or retired Officer as one of its Directors, or should a tenderer have in time his employment any such retired Engineer or retired Officer as one of his Directors, or should a tenderer have in his employment a retired engineer or retired Gazetted Officers as aforesaid, the full information as to the date of retirement of such Engineer or Gazetted Officer from the said service and in case when such Engineer or Officer has not retired from Government service at least one year prior to the date of submission of the tender as to whether permission for taking such contract or if company to become employment under the Contract, has been obtained by tenderer for the Engineer or officer as the case may be from the President of India or any officer, duly authorised by him in this behalf, shall be clearly stated in writing at the time of submitting the tender. Tenders without the information above referred as or a to the effect that no such retired Engineer or retired Gazetted Officer is so as associated with tenderer, as the case may be/shall be rejected. Should a tenderer or contractor being an individual on the list of approved contractors, have a relative(s) or in the case of firm partnership or company of Contractors one or more or its share holder(s) or a relative(s)of the share holder(s), employed in Gazetted capacity in the Engineering or any other Department of the Western Railway, the authority inviting tenders shall be informed of the fact at the time of submission of tender, failing which the tender may be disquali-fied/rejected or if such fact subsequently comes to light, the contract may be rescinded in accordance with the provision in Clause 62 of the General Conditions of Contract. The tenderer/contractor should nominate his representative on the works and at the site of work, which will be authorised, to receive and acknowledge and implement the instruction and orders issued by the Engineer and inspecting officials of the Railway. These representatives should also be authorised to receive, acknowledge and account for the materials issued by the Railway for genuine use on the work. The attested specimen signature of the Contractor(s) representatives shall be submitted and deposited with the Engineer as well as the Engineer-in-Charge of the work before starting the work. 18.0 Tender Documents are not transferable:

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(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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19.0 Performance Guarantee (PG) The procedure for obtaining Performance Guarantee is outlined below: (a) The successful bidder shall have to submit a Performance Guarantee (PG) within 30 (thirty)

days from the date of issue of Letter Of Acceptance (LOA). Extension of time for submission of PG beyond 30 (thirty) days and 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.

(b) 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) Government Securities including State Loan Bonds at 5% below the market value; (iv) Deposit Receipts Pay Orders, Demand drafts and Guarantee Bonds.These forms of

Performance Guarantee could be either of the State Bank of India or of any of the Nationalized Banks;

(v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks; (vi) A Deposit in the Post Office Saving Bank; (vii) Deposit in the National Savings Certificates; (viii) Twelve years National Defence Certificates; (ix) Ten years Defence Deposits; (x) Notional Defence Bonds and (xi) Unit Trust Certificates at 5%belowmarket value or at the face value whichever is less.

Also, FDR in favour of FA&CAO(free from any encumbrance)may be accepted.

NOTE: The instruments as listed above will also be acceptable for Guarantees in case of Mobilization Advance. (c) The Performance Guarantee shall be submitted by the successful bidder after the Letter of Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G. shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case, the time for completion of work gets extended, the contractor shall get the validity of P.G. extended to cover such extended time for completion of work plus 60 days. (d) (Ref: CAO (C)’s Letter No. WNC/623/0 Vol VII dated 18.07.2016) The value of PG to be submitted by the contractor will not change for variation upto 25% (either increase or decrease).

In case during the course of execution, value of the contract increases by more than 25% of the original contract value, an additional Performance Guarantee amounting to 5%(five percent)for the excess value over the original contract value shall be deposited by the contractor.

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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On the other hand, if the value of Contract decreases by more than 25% of the Original Contract Vlaue, Performance Guarantee amounting to 5% (five percent) of the decrease in the contract value shall be returned to the contractor. The PG amount in excess of required PG for decreased Contract value, available with Railways, shall be returned to contractor as per their request duly safeguarding the interest of railways. The procedure to release ‘Excess PG available with Railways with respect to required PG for decreased Contract Value’ will be as under:

Contractor shall submit his request to release current PG, alongwith submission of a revised PG of requisite amount as notified / communicated by Railways, in any of the forms as per clause 19 except in cases where earlier PG has been submitted either in cash or Demand Draft.

Railways shall duly verify and confirm the genuinity of requisite value, earlier PG can be released.

After Confirmation regarding genuinity of revised PG of requisite value, earlier PG can be released.

In cases where current PG is either in Cash or Demand draft, the ‘Excess PG availabl with Railways with respect to required PG for decreased Contract Value’ shal be released duly considering the request of contractor.

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based on ‘Completion Certificate’ issued by the competent authority stating that the contractor has completed the work in all respects satisfactorily. The Security Deposit Shall, however, be released only after expiry of the maintenance period and after passing the final bill based on ‘No Claim Certificate’ from the contractor. (f) Whenever the contract is rescinded, the Security Deposit shall be forfeited and the Performance Guarantee shall be encashed. The balance work shall be got done independently without risk& cost of the failed contractor. The failed contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is a JV or a Partnership firm, then every member/partner of such a firm shall be debarred from participating in the tender for the balance work in his/her individual capacity or as a partner of any other JV/partnership firm. (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 (notwithstanding 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 Guarantees 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 Clause/Condition of the Agreement, within 30daysoftheserviceof notice to this effect by Engineer. (iii) The Contract b e i n g 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. The format of performance guaranty as required by latest amendment to GCC is as under.

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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PERFORMANCE BANK GUARANTEE BOND B.G. No. Date : To. The President of India, Acting through the FA & CAO (Const.), Western Railway, Churchgate, Mumbai. 1. In Consideration of the President of India Acting through the FA & CAO (Const.), Western Railway, Churchgate, Mumbai (hereinafter Called "the Government") having agreed to accept from ___________________________ (Name of firm and address) (hereinafter called "the said Contractor/s") Under The terms and conditions of an Agreement / Acceptance letter No. ------------------------------- dated made between ---------------------------------------------------------------------- and ----------------------------------------------- for the work of --------------------------------------- -------------------------------------------------- (hereinafter called "the said Agreement") the Performance Guarantee for the due fulfilment by the Contractor/s of the terms and conditions in the said Agreement on production of irrevocable Bank Guarantee for Rs.-------------- (Rupees ----------------------------------------------------------------------------------- only) --------- (% amount must be as per acceptance letter/agreement) We, ------------------------------------------------- (Indicate the name of the Bank hereinafter referred to as "the Bank") at the request Of------------------------------------- contractor'? do hereby undertake to pay the government an amount not exceeding Rs.----------------------- against any loss or damage caused to or suffered by or would be caused to or suffered by the Government by reason of any breach by the said Contractor(s) of any of the terms or conditions contained in the said Agreement/acceptance letter. 2. We ------------------------------------------------------------------------------------ do hereby(Name of Bank)------------------------------------------------------------------------------------ undertake to pay the amounts due and payable under this guarantee without any demur merely on demand from the Government stating that the amount claimed is by way of loss or damage caused to or suffered by the Government by reason of breach by the said contractor of any of the terms or conditions contained in the said agreement, or by reason of the contractor's failure to perform the agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs.-------------- Rupees--------------------------------------------------- only. 3. We undertake to pay to the Government any money so demanded not withstanding any dispute or disputes raised by the contractor(s)/supplier(s) in any suit or proceeding pending before any court or Tribunal relating thereto Our Liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the contractor(s)/supplier(s) shall have no claim against us for making such payment. 4. We,--------------------------------------------------------------------------- further agree that the

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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(Name of Bank)------------------------------------------ guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement including Maintenance/ Warrantee period and that it shall continue to be enforceable till the dues of Government under or by virtue of the said agreement have been fully paid and its claim satisfied or discharged or till ------------------------------------------------------ office / Department). Ministry of Railway certifies that the terms and conditions of the said agreement have been fully and properly carried out by the said contractor^} and accordingly discharged this performance 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 --------------------------------------------------------------- further agree with the (Name of Bank) -----------------------Government that the Government shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement or to extend time of performances by the said contractor from time to time or to postpone from any time or from to time any of the powers exercisable by the Government against the said contract and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the contractor(s) or for any forbearance, act or omission on the part of the Government or indulgence by the Government to the said contractor/s or such any matter or thing whatsoever which under the law relating to sureties would, but for this provision have effect of so relieving us. 6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s)/Supplier(s). 7. We, undertake not to revoke this Guarantee during(Name of Bank) its currency except with the previous consent of the Government in writing. 8.0 Notwithstanding anything contained hereinabove. i) Our liability under this B.G. shall not exceed to Rs.. ii) This B/G shall be valid up to _______________________and ii) We are liable to pay the guaranteed amount or any part thereof under this B/G only and

only, if you serve upon us a written claim or demand on or before ___________________________________________

Dated this ___________________day of ______________20

Round seal Round seal of

Bank

For _____________________ (Indicate the name of Bank) (under Rubber stamp of name, designation & code No. of authorized signatories)

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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20.0 Affidavit to be Uploaded by Tenderer :- (Authority: CAO (C)/CCG’s letter No. WNC 623/0 Vol. VIII (Loose) dated 19.02.2018.) The tenderer shall submit along with tender document, documents in support of his/their

claim to fulfil the eligibility criteria as mentioned in the tender document. 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 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 – A. 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.

a) 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.

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

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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Annexure – A

FORMAT FOR AFFIDAVIT TO BE SUBMITTED BY TENDERER ALONGWITH THE TENDER (To be executed in presence of 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 / authorized signatory of the tenderer (including its constituents), M/s. .................................................. (hereinafter called the tenderer) for the purpose of the tender documents for the work of ........................................................................................... as per the Tender No. .................................................... of Western Railway 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 document from the 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 document/credentials submitted along with the offer and the 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 understand 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 tender EMD besides banning of business for five years on entire Indian Railways. Further, I/We (insert name of the tenderer)** ........................................................ ............................................ and all my / our constituents understand that my/our offer shall be summarily rejected.

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 Indian Railways.

DEPONENT

(Name)

SEAL AND SIGNATURE OF THE TENDERER/S

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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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

(Name)

SEAL AND SIGNATURE OF THE TENDERER/S

Place : Date : ** The contents are only for guidance purpose. Details as appropriate are to be filled in suitably by tenderer. Attestation to be done before Magistrate / Notary Public.

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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21.0 Inclusion of ‘Letter of Credit’ as Mode of Payment :- (Authority: CAO (C)/CCG’s letter No. WNC 623/0 Vol. IX dated 09.07.2018.)

i. For all the tenders having advertised cost of Rs. 10 lakh or above, the contractor shall have the option to take payment from Railways through a letter of credit (LC) arrangement.

ii. This option of taking payment through LC arrangement has to be exercised in IREPS (Indian Railway Electronic Procurement System – the e-application on which tenders are called by Railways) by the tenderer at the time of bidding itself, and the tenderer shall affirm having read over and agreed to the terms and conditions of the LC option.

iii. The option so exercised, shall be an integral part of the bidder’s offer. iv. The above option of taking payment through LC arrangement, once exercised by tenderer at the

time of bidding, shall be final and no change shall be permitted, thereafter, during execution of contract.

v. In case tenderer opts for payment through LC, following shall be the procedure to deal release of payment through LC :

a) The LC shall be a sight LC. b) The contractor shall select his Advising/Negotiating bank for LC. The incidental cost

towards issue of LC and its operation thereof shall be borne by the contractor. c) SBI, New Delhi, Main Branch will be the nodal branch for issue of LCs based on online

requests received from Railway Accounts Units for tenders opened in financial year 2018-19. SBI branches where the respective Railway Accounts Office has its Account (local SBI branch) will be the issuance/reimbursing branch for LC issued under this arrangement. The Bank shall remain same for this tender till completion of contract. The incidental cost @ 0.15% per annum of LC value, towards issue of LC and operation thereof shall be borne by the contractor and shall be recovered from his bills.

d) The LC shall be opened initially for duration of 180 to 365 days in consultation with contractor. The LC shall be extended time to time as per the progress of the contract, on the request of the contractor. The value of LC to be opened initially as well as extended thereafter shall be finalized by the engineer in consultation with the contractor on the basis of expected progress of work.

e) The LC terms and conditions shall inter-alia indemnify and save harmless the Railway from and against all losses, claims and demands of every nature and description brought or recovered against the Railways by reason of any act or omission of the contractor, his agents or employees, in relation to the letter of Credit (LC). All sums payable/borne by Railways on this account shall be considered as reasonable compensation and paid by contractor.

f) The LC terms and conditions shall inter-alia provide that Railways will issue a Document of Authorization (format enclosed as Annexure 2) after passing the bill for completed work, to enable contractor to claim the authorized amount from their bank.

g) The acceptable, agreed upon document for payments to be released under the LC shall be the Document of Authorization.

h) The Document of Authorization shall be issued by Railway Accounts office against each bill passed by Railways.

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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i) On issuance of Document of Authorization, a copy of Document of Authorization shall be posted on IREPS for download by the contractor. A digitally signed copy of Document of Authorization shall also be sent by Railway Accounts Office to Railway’s bank (Local SBI Branch).

j) The contractor shall take print out of the Document of Authorization available on IREPS and present his claim to his bank (advising Bank) for necessary payments as per LC terms and conditions. The claim shall comprise of copy of Document of Authorization, Bill of Exchange and Bill.

k) The payment against LC shall be subject to verification from Railway’s Bank (Local SBI Branch).

l) The contractor’s bank (advising bank) shall submit the documents to the Railway’s Bank (Local SBI Branch).

m) The railway’s bank (issuing bank) shall, after verifying the claim so received w.r.t. the digitally signed Document of Authorization received from Railway Accounts Office, release the payment to contractor’s bank (advising bank) for crediting the same to contractor’s account.

n) Any number of bills can be dealt within one LC, provided the sum total of payments to contractor is within the amount for which LC has been opened.

o) The LC shall be closed after the release of final payment including PVC amount, if any, to the contractor.

p) The release of performance guarantee or security deposit shall be dealt directly by railway with the contractor i.e. not through LC.

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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NON-TECHNICAL

SPECIAL CONDITIONS/SPECIFICATIONS OF CONTRACT

Name of Work: Laying and Linking of Broad Gauge Main line, loop lines including

points and crossings at various yards, spreading of ballast, tamping of track, dismantling of existing BG track and other miscellaneous works between KM 15 to KM 32.30 in connection with construction of 6th line between Mumbai Central to Borivali stations of Mumbai Division of Western Railways.

A. GENERAL 1. These special conditions and the work schedule shall govern the works to be executed

under this contract in addition to and/or in part supersession of the General Conditions of Contract (July 2014) and Standard Specifications-2010 as laid down in the Indian Railways Unified Standard Specifications (Works & Material) Volume I & II 2010.

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

Standard Specifications and Indian Railway General Conditions of Contract July-2014 on the other hand, the former shall prevail.

3. Any special condition stated by the tenderer(s) in the covering letter submitted along with

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

4.0 Use of Railway Land

Use of Railway land required by the contractor(s) for constructing temporary offices, quarters, hutments, etc. for the staff and for storing materials, etc. would be permitted to him/them free by Railway, if available. The location of these offices, hutments, stores etc., will be subject to the approval of the engineer or his representative. The land will be restored to Railway by the contractor(s) in the same condition as when taken over or in vacant condition as desired by the engineer, after completion of the work or at any earlier day, as specified by the Engineer. The failure to do so will make the contractor(s) liable to pay the cost incurred by the Railway for getting possession of land. Any structure if available can be given on license fees in force at the time of giving the structure for use.

Whenever non Railway bodies / persons are permitted to use Railway premises with

competent authority’s approval, conservancy Charges as applicable from time to time may be levied

5.0 Use of Private Land

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

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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6.0 Cess Charges

(a) For Contractor's labour employed/ residing at stations and in colonies where Railway sanitary facilities exist, Contractor(s) will be required to pay cess charges as per rules in force on the Railway from time to time.

(b) For labour working between stations or at isolated places where railway facilities do

not exist, the Contractor(s) shall be required to provide necessary facilities for their labour in terms of clause 59(4) of the General Conditions of Contract. In case of any failure on his/their part, the necessary facilities shall be provided by the Railway Administration at the cost of Contractor(s) and expenditure thus incurred will be recovered from his/their bills.

7.0 Contractor's Responsibility to arrange Tools, Plants, Machinery etc. 7.1 The Contractor should make his/their own arrangements for all plants and tools required for

the successful completion of the work in time. However railway may, if available, provide on their terms and at the cost of the Contractor(s) (cost and terms as fixed by the Railway as per extant rules) Railway's tools and plants, machinery and stores such as pumps, compressors, drills, motor lories, tractor, trailers, rails, sleepers C.G.I. sheets, etc. and other facilities, which the Contractor may require for the expeditious completion of this contract and which in the opinion of Engineer is necessary but the Railway undertakes no responsibility for doing so. The decision of the Engineer as to the necessity for the works facilities of stores will be final. The rates quoted by the tenderer will include cost of all tools & plants, machineries, labours, materials etc. that will be required for successful and methodical completion of the work. Nothing extra will be paid on this account.

7.2 The tenderer/s shall supply along with his/their offer a list of special tools, plants and

equipments required for proper Inspection/maintenance of work. The detailed descriptions/specification of these with full cost of each and the sources of availability thereof shall be indicated along with the offer.

7.3 Either at the contractor/s request or suo-moto in order to prevent possible delay in the

execution of the work or due to contractor/s inability to make adequate arrangements for plant or machinery tools and other equipments or due to any other reasons, the Railway may give such plant and machinery, tools and other equipments on hire as can be readily made available and as can be conveniently spared from Railway's Stock.

7.4 The decision of the Engineer in regard to hiring of equipment will be final and binding on the

Contractor/s and the non-supply of such equipment shall not be entertained as a reason for delay in the execution of works or the cause of any claims.

7.5 If the Railways make arrangements to supply tools, plants and machinery the same

will be given on hire basis to the Contractor/s on such terms and conditions as may be prescribed by the Railways and incorporated in Special Conditions. The Hire and

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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Staff charges for operational and maintenance of plants will be fixed as per the Railway rules, terms and conditions as prevailing at the time of hire.

8.0 Materials supplied by Railway 8.1 The tenderer shall be responsible to see that the materials such as cement, steel etc.,

supplied by the Administration are utilized for the sole purpose for, which they have been issued to him, failing which, he is liable to be dealt according to law for any misuse of these commodities by himself, his agents or workmen, etc.

8.2 The material released during the dismantling of track/item/work shall be returned to the

Railway. In case contractor fails to return the material, the recovery shall be made @ of twice of the 65 % of the new material and for the new material the recovery shall be made @ of twice of the procurement price or as per prevailing market rates whichever is more plus 7 % freight/incidental charges and 12.50 % Departmental charges. It would be the sole responsibility of the contractor to deposit the material received during dismantling or excess issued within three months from the date of dismantling or issue failing which the recovery of such materials shall be recovered from the next running bill itself and in case of any tools and plants, it would also be the responsibility of the Railway supervisor or officer in charge at site that the T & P issued are exclusively meant for the work and rates be got vetted by the associate finance and HRs (plus and minus) are properly accounted for. The released material shall be deposited as directed by Engineer In Charge or his authorised representative. No payment shall be made if released material is transported and stacked within 1.00Km.

9.0 (a) Precautions while Working in the Vicinity of Track (i) When the work is required to be done along or near the existing Railway track, the contractor(s) shall take such steps as are necessary for the safety of the track and labour working at site. He/They will also be required to program his/their working so as not to interfere with the movement of trains. No extra payment shall be allowed for these precautions and also for crossing track/tracks if required during execution of the work. It should be ensured that the ballast of the track(s) is not spoiled or mixed with earth. (ii) In addition to the precautions taken by the Contractor(s) for the safety of the track and labour, it may be necessary to post flagmen in some locations as an additional safety measure; they will be posted by Railway free of cost. The contractor(s) shall be fully responsible for any damage to or trespass caused by his/their men to any surrounding structure. Railway bears no liability whatsoever on this account. (b) Returns The tenderer shall furnish to the Engineer-In-charge every week during the progress of the work, a classified return of the number of the people employed on the work during the week preceding the period. The contractor shall also furnish to the In-charge Engineer a report of any accident, which may have occurred within 24 hours of its occurrence.

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10.0 Provision Of Efficient And Competent Staff At Work Sites:- 10.1 The Contractor shall place and keep on the works at all times efficient and competent staff

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

10.2 The Contractor shallat 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.

10.3 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 forth with 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 GCC.

10.1 Deployment Of Qualified Engineers At Work Sites:-

10.1.1 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. 10.1.2 Further, in case the contractor fails to employ the Qualified Engineer, as aforesaid in Para

10.1.1 above, he, 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 10.1.1 (a) and 10.1.1 (b) above respectively.

10.1.3 Provision for deployment of Qualified Engineers (Graduate Engineer or Diploma Holder Engineer) shall be for the values as prescribed above. However, for the works contract tenders, if it is considered appropriate by the tender inviting authority, not to have the services of qualified engineer, the same shall be so mentioned in the tender documents by the concerned Executive with the approval of Officer not below the level of SAG Officer, for reasons to be recorded in writing.

10.1.4 This issue with the concurrence of the Finance Directorate of the Ministry of Railways.

{Authority : Railway Board’s letter no. 2012/CE-I/CT/O/20, New Delhi, Dated 10.05.2013} 11.0 WATER (a) The contractor(s) shall make his/their own arrangements for potable and other water supply required for the execution of the work as well as for his labour. However, if water is supplied by the Railway, the contractor(s) will have to pay water chargesasdetermined by the Railway, provided that the contractor shall arrange, at his own expenses, to effect the connections and lay

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additional pipe lines and accessories on the site and that the contractor shall not be entitled to any compensation for interruption of failure of the water supply. (b) Drinking Water:-The tenderer shall provide and maintain at suitable places easily accessible to labour a sufficient supply of water fit for drinking. 12.0 Provisions of Contract Labour (Regulation and Abolition) Act 1970 (1) The Contractor shall comply with the provisions of the Contract Labour (Regulation and

Abolition) Act 1970 and the Contract Labour (Regulation and Abolition) Central Rules 1971, as 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 fulfil this 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 provisions of the aforesaid Act and the Rules wherever applicable. The Contract shall notwithstanding the provision of the contract to the contrary, cause to be paid the wages to labourer indirectly engaged on the work 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 the 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 in providing welfare and health amenities required to be provided under the aforesaid Act and the Rules or to incur any expenditure on account of the contingent liability of the Railway due to the contractor's failure to fulfil his statutory obligations under the aforesaid Act or the Rules, the Railway will recover from the contractor, the amount of wages so paid or the amount of expenditure so incurred, and without prejudice to the rights of the Railway under section 20 sub-section (2) and section 21 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.

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(6) The contractor shall, indemnify the Railway Administration against any claim for compensation arising out of section 12(1) Workmen's Compensation Act, 1923 and subsequent amendments thereof due to any reasons whatsoever.

13.0 Railway will not acquire any land for the purpose of movement of vehicles of the

contractor/s in doing earthwork. 14.0 Representation on Works 14.1 The Contractor shall, when he is not personally present on the site of the works, place and

a responsible agent at the works during working hours who shall on receiving reasonable notice, present himself to the Engineer and orders given by the Engineer or the Engineer’s representative to the agent shall be deemed to have the same force as if they had been given to the Contractor.

14.2 Before absenting himself the contractor shall furnish the name and address of his agent for the purpose of this clause and failure on the part of the contractor to comply with this provision at any time will entitle the Railway to rescind the contract under clause 62 of these conditions.

14.3 The power of attorney mentioned in clause No.11 of tender form second sheet should also

be extended to cover the stipulations made in this clause of "Representation on works". 15.0 Errors, Omissions and Discrepancies

The tenderer(s) shall not take any advantage of any misinterpretation of the conditions due to typing or any other error and if any in doubt shall bring it to the notice of the Engineer without delay. In case of any contradiction, only the printed rules and books should be followed and no claim for the misinterpretation shall be entertained.

16.0 Trespass

The Contractor shall at all times be fully responsible for any damage or trespass committed by his agents or workmen in carrying out the work, even if such trespass is authorized by the Engineer.

17.0 Inflammable Articles

Inflammable materials, such as petrol, oil, etc., shall be stored separately from other materials and all due precautions as required under the Indian Explosives Act, or any other act shall be taken by the Contractor(s) to prevent any fires, etc.

18.0 Figures, Dimensions, etc.

Figures, dimensions and drawings shall supersede measurements by scale and drawing to larger scale shall take precedence over those to a smaller scale. Special dimensions or directions in the specification shall supersede all else.

19.0 Plea of Custom

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

20.0 Arrangements for Permits or License

Arrangements for permits and license for materials will not be made by the Railway or any assistance given. The Contractor will have to make his own arrangements. Also no import license shall be arranged by the Railway for this work.

21.0 Taxes and Royalties 21.1 All rates quoted in the tender shall be deemed to be inclusive of all taxes, royalties payable

by the Contractor(s) to the government or public body or local authority and no additional amount will be paid or claim entertained on this account by the Railway.

21.2 Deduction for Income Tax

The Railway will deduct 2% of income tax on the gross amount and Surcharge and Education Cess charges on income tax, if any of each bill as prescribed by Government from time to time and such deduction of Income Tax shall be recorded while making payment to the Contractor/s. The settlement of income tax should be made with the Income Tax authorities.

21.3 All taxes such as Income tax, Sales tax and other taxes as prescribed by Central/State

Govt. from time to time shall be applicable. The Contractor shall be fully responsible for payments of all such taxes without any liability of Railway Administration deduction towards such taxes shall be made from the payments of the contractor in accordance with rules in force from time to time.

22.0 Notices to Public Bodies

The Contractor(s) shall give to the municipality, police and other authorities all notices that may be required by law and obtain all requisite licenses for temporary obstructions, enclosures and pay all fees, taxes and charges, which may be leviable on account of his operations in executing the Contract. He should make good any damage to adjoining premises whether public or private and supply and maintain any lights, etc., required at night.

23.0 Working Hours and Night Working 23.1 The contractor’s attention is drawn to the clause 23 of General condition of the Contract,

which stipulates that he/they shall not carry out any work between sunset and sunrise without the prior permission of the Engineer. However, on receipt of request in writing by the contractor(s), the Engineer may grant permission for doing works after sunset if he is satisfied that the contractor/s arrangements for so doing the work will ensure quality and workmanship and will also ensure safety of workmen and the structures. The contractor/s will be primarily responsible to fulfil these conditions during the execution of works. The Contractor(s) shall, however, be held responsible to ensure that none of the statutory laws are infringed.

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23.2 Works may have to be carried out during the night hence adequate lighting arrangements

& precautions shall be taken to avoid any mishap at site during night. 23.3 It will be his/their responsibility to provide adequate lighting at all working places as well

as to ensure safety during working. He/they will also appoint, if necessary men to keep watch of the temporary structures during the progress of the work at night.

23.4 If the Engineer is satisfied that the work is not likely to be completed in time except by

restoring to night working, he may suo-moto order the contractor/s to carry out the work even at night without conferring any rights on contractor/s for claiming any extra payment for the same. The contractor/s will be responsible to comply with all the directions and instructions given by the Engineer in this regard.

24.0 Setting out

The Contractor(s) shall set out the works and shall be responsible for the true and perfect setting out of the same and for the correctness of the positions, levels, 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 expenses should rectify such error if so required, to the satisfaction of the Engineer.

25.0 Care of Staff

No quarters will be provided by the Railway for the accommodation of the Contractor or any of his staff employed on the work. The contractor may be allowed to erect any labour camps for housing the labour at or near the site of work on available Railway land subject to payment of cess and water charges. The Contractor shall at his own cost make all necessary and adequate arrangement for the 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 medical staff of the railway. If the Contractor fails to make adequate medical, sanitary arrangements, these will be provided by the Railway, the cost thereof being recovered from the Contractor. In case some accommodation is available, it can be given on license fee.

26.0 Damage by Accident, Floods or Tides

(a) The Contractor shall take all precautions against damage from accident, floods or tides. No compensation will be allowed to the contractor for his plant or part or material lost or damaged by any cause whatsoever. The contractor shall be liable to make good the damages to any structure or part of structure, plant or material of every description belonging to the administration lost or damaged by any cause during the course of the Contractor's work.

(b) The 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/existing structure, during construction.

27.0 First Aid

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The Contractor shall maintain in a readily accessible place first aid appliances including an adequate supply of sterilized cotton wool. The appliance shall be placed under the charge of a responsible person who shall be readily available during working hours.

28.0 Anti-malaria Precautions

Every precaution shall be taken by the Contractor to prevent the breeding of mosquitoes on the works during construction and all receptacles used for the storage of water must be suitably protected for this purpose or must be emptied at close of the work every day.

29.0 Anti-Larval Treatment

Contractor(s) shall be entirely responsible for ensuring that Anti-larval work as per the byelaws of the local authorities’ corporations or such other local bodies, etc., is provided at the cost of the Contractor(s).

30.0 Measurements in Metric Units Measurements and payment will be made in metric units. 30.1 In the case of items regarding measurements, the measurements will be rounded off to

the second place of decimal for working out payment. 31.0 Inspection Register and Records

The Contractor/s shall maintain accurate records, plans and charts showing the dates and progress of all main operations and the Engineer shall have access to this information at all reasonable times. Records of tests made shall be handed over to the Engineer's representative after carrying out the tests. The following registers will be maintains at site by the Contractor/s.

(i) Site Order Register

The Contractor/s shall promptly sign 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/s 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 issue 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.

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(iv) Labour Register : -

This register will be maintained to show daily strength of labour in different categories employed by the Contractor/s.

(v) Log book of events : -

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

(vi) Inspection Register : -

An inspection register shall be maintained at the site of work by the Railway where to instructions regarding the etc., shall be recorded by the Engineer or his executive subordinates. It is the liability of the contractor or his representative at the site to note such instructions wherever asked upon to do so and take action accordingly, and comply with these instructions strictly, within reasonable time and without any delay.

(vii) Structural Register.

(viii) Programme and Progress Register.

Register at item (ii), (iii), (iv), (v) (vi), (vii) & (viii) will be signed by the representative of the Engineer and the contractor/s.

Any other register considered necessary by the Engineer, shall be maintained at site in which the representative of the Engineer and the contractor will have to sign. The register Proforma, charts etc. will be property of the Railway.

32.0 EXCEPTED MATTERS

All measurements, method of measurements, meaning and intent of specifications and interpretation of special conditions of contract, given and also made by the Railway or by the Engineer on behalf of the Railway shall be final and binding and shall be considered "Excepted Matters' in terms of condition No.63 of the General Conditions of Contract and will Strictly stay outside purview of any arbitrations limit and will not be arbitral.

33.0 FOREIGN EXCHANGE REQUIREMENT

Any demand of foreign exchange for importing of equipment and materials shall not be accepted.

34.0 RAILWAY'S TOOLS AND PLANTS

If the Railways make arrangements to supply tools, plants and machinery the same will be given on hire basis to the Contractor/s on such terms and conditions as may be prescribed by the Railways and incorporated in Special Conditions. The Hire and Staff charges for operational and maintenance of plants will be fixed as per the Railway rules, terms and conditions as prevailing at the time of hire. The same will be given at nearest Rly. Station from the depot/store of concerned SSE/P.Way/SSE/Works.

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35.0 SAMPLING AND TESTING – PROVIDING SITE LAB FACILITIES 35.1 Contractor/s shall establish a field laboratory at site of work at his/their cost providing

necessary facilities for performing routine type tests such as physical properties of cement, aggregate, water, physical properties of concrete, including its crushing strength to the satisfaction of the Engineer-in-Charge. He will also arrange for the testing of physical/ chemical properties of reinforcement steel used by him from Govt. approved test houses/Engg. Colleges to establish the quality of steel bars used. He/they shall ensure that equipments are provided of latest specification and are in good working order and are got calibrated at the field laboratory. The Contractor/s shall get certain percentage of samples tested at other approved laboratories as may be directed by the Engineer-in-Charge as confirmatory tests without any extra cost at his/their own cost. If any Room/structure/shed is available with Railway which can be spared, It shall be given to the contractor free of cost. This should be vacated immediately after completion of the work or as directed by Railway, However no claim shall be entertained for non-granting of these Room/structure/shed and in that case contractor has to establish at his own cost.

36.0 SALES TAX

All the elements of Sales Tax, if any, shall be considered to be included in the rates quoted by the tenderer/s in this tender.

37.0 THE SETTLEMENT OF DISPUTES 37.1 The disputes will be settled under the Arbitration & Reconciliation Act 1996. .(As amended

by The Arbitration and Conciliation (Amendment) Act, 2015(No. 3 of 2016 dt. 31.12.2015 w.r.e.f 23.10.2015)

37.2 The Contractor shall put up his/their claim as per clause 43 of the General Conditions of

Contract during the progress of work and not after completion of the work. All such claims and disputes shall be settled promptly during the progress of the works. The final authority for giving the decision on claims and disputes put up by the tenderer/s, contractor/s shall be the Chief Administrative Officer(C), Western Railway, Mumbai only.

37.3 The provision of the Clause 63 and 64 of General Conditions of Contract corrected up to

date 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 or disputes are of the value more than 20% of the value of the contract, provision of clause 63 and 64 and other relevant clauses of General Conditions of Contract will not be remedy for settlement of such disputes.

37.4 The Contractor/s shall not be entitled to ask for reference to arbitration, before the

completion of the work assigned to him/them under this contract. The Contractor/s shall seek reference to arbitration to settle the disputes only once within the ambit of condition 37.3 above.

37.5 The Contractor/s shall not be entitled to make any claim whatsoever against the Railway

under or by virtue of or arising out of this contract, nor shall the Railway entertain or

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consider any such claim, if made by the contractor/s after he/they would have signed a `No Claim Certificate' in favour of the Railway, in such form as shall be required by the Railway/s after the works are finally measured up. The Contractor/s shall be debarred from disputing the correctness of the items covered by "No Claim Certificate" or emanding a reference to arbitration, in respect thereof. After clear no claim as given by contractor the dispute if any will not be arbitral.

37.6 These Special Conditions shall prevail over existing clause 63 & 64 of the General

Conditions of Contract, other than provision relating to 'Excepted Matters'. For settlement of disputes between one Government Deptt.and another or between the Government Department and Public Sector undertaking the following special conditions shall be applicable.

"In the event of any dispute or difference between the parties hereto, such dispute or condition shall be resolved amicably by mutual consultation through the good officers of empowered agencies of the Government. If such resolution is not possible, then the unresolved dispute or difference shall be referred to arbitration of an arbitrator to be nominated by Secretary, Department of Legal Affairs (Law Secretary) in terms of office Memorandum No.55/3/1/75/CF dt.19-12-75 issued by the Cabinet Secretariat (Department of Cabinet Affairs) as modified from time to time. The arbitration Act, 1996 or the arbitration clause contained in the General Conditions of contract shall not be applicable to the arbitration under this clause. The award of the Arbitrator shall be binding upon parties in the dispute, provided however; any party aggrieved by such award may make further reference for setting aside or revision of the award to Law Secretary whose decision shall bind the parties finally and conclusively".

37.7 JURISDICTION OF COURTS: -

If any dispute arises between the parties with respect to this agreement, any application or suit shall be instituted in the court at Mumbai and both the parties shall be bound by this clause.

38.0 SITE CONDITIONS AND FACILITIES 38.1 The tenderer/s attention is drawn specially to clause No.19 of General Conditions of

Contract and it will be deemed that he has by personal inspection or other has acquainted and satisfied himself/themselves about the site conditions, availability or otherwise of materials, labour, water supply, electrical supply etc. before tendering. The requirements of working space and the space required for storing materials, workshops, Office etc. also have to be considered by the Tenderer/s before tendering. It will be deemed that all relevant factors connected with the execution of work have been gone into in detail by tenderer/s before submitting the tender for the work.

38.2 There is likelihood of some water remaining or flowing through the site of work, which

would necessitate diversion of flow of water by erecting cofferdams, dewatering by construction diverting channel. Even sub-soil water could be met which could necessitate dewatering by pumping, Contractor shall study all such possibility and frame and quote his

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rates based on such requirements. No additional payment or claim or compensation for such an eventually would be entertained.

38.3 The responsibility of providing facilities for inspection lies with the contractor. He shall be

responsible for providing required facilities i.e. Tools, equipments for inspection at the place of work, for which no additional payment shall be made. The contractor will also provide facilities for carrying Railway supervisor’s to the site of work and back when convenient train is not available. For this purpose of inspection, the contractor shall make a written request for inspection of sites to be done next day.

39.0 SERVICE ROADS 39.1 The Contractor/s will be permitted to make use of existing service roads, or service roads

constructed by the Railway for its use free of cost. New service roads required by the contractor/s either near the bridge or elsewhere within or outside railway limits for carriage of materials or for any other purpose whatsoever, will have to be constructed and maintained by the contractor/s at his/their own cost. For the purpose of constructions of service roads on railway land, permission will be given free of any charge. If any and other than railway land is necessary to be acquired or to be entered upon, permission to enter in the land will have to be arranged by the contractor/s at his/ their own cost. The contractor/s will not refer any claim, whatsoever on this account. The Railway, however, reserves the right to make use of such service roads as may be constructed by the contractor/s without payment of any charges.

39.2 No facility whatsoever for provision of approach roads or temporary level crossing etc. will

be provided by the Railway for leading materials or earthwork. Approach road within Railway limits, if available, can be used for carting material.

40.0 SUPPLY OF ELECTRICITY 40.1 The Contractor/s shall be responsible for obtaining electrical supply required for the works

from concerned local agency, Electricity Board; as the case may be at his/their own cost. However, if required by the Contractor the Railway administration may give necessary assistance in recommending to the local electricity authorities for giving necessary electric connection to the contractor for execution of works. In case the Rly. Electricity is available connection can be given on usual terms through concerned Sr. DEE.

41.0 EMERGENCY WORKS

In the event of any accident or failure occurring in, on or about the work or arising out of or in connection with the construction, completion or maintenance of the works, which in the opinion of the Engineer requires immediate attention, the Railway may bring its own workmen or other agency, execute or partly execute the necessary work or carry out repairs if the Engineer considers that the contractor/s is/are not in a position to do so in time and charge the cost thereof, which will be determined by the Chief Administrative Officer (C), Western Railway, to the contractor.

42.0 SAFETY PRECAUTIONS

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42.1 The Contractor/s shall at all times adopt such safe methods of work as will ensure safety of structure, equipment and labour. If at any time the Railway finds the safety arrangements unsafe, the contractor/s shall take immediate corrective action as directed by the Railway's in the matter. Railways instructions shall in no way absolve the contractor/s of his/their sole responsibility to adopt safe working methods.

42.2 The Contractor/s shall design and execute temporary works such as formwork and

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

43 COMPLETION PERIOD 43.1 The Contractor/s shall have to complete the work in all respects within a period of 24

months (including monsoon) from the date of issue of acceptance letter of the tender. 43.2 The contractor/s shall strictly adhere to the program framed by the Engineer or his

representative taking into account of the stipulation such as availability of land and other site conditions so as to complete the work within the time allotted to the contractor/s. In case there are slippages in adhering to the stipulated progress of work, his/their contract is liable to be rescinded as per relevant clause of GCC.

43.3 The Contractor/s will have to employ labour in full strength commensurate with working

areas available. He will also arrange for materials and equipments to complete the job most expeditiously within the stipulated completion period. The Engineer's decision as to what is full strength will be final.

43.4 The contractor shall be required to complete the various sub work or items of sub-work in

phased and programmed manner and submit a detailed programme for completing the same, within time schedule immediately after receipt of tender acceptance letter. The programme may be altered/modified by Engineer-in-Charge depending on the priority of the work. The PERT CHART may have to be drawn for such works for which contractor will have to fully co-operate for successful and expeditious completion of work.

43.5 Imposition of token penalty for delay in the completion of work. : -

The existing clause 17(B) of GCC provides for recovery of liquidated damages from the contractor for delay in completion of work. Further, competent authority while granting extension to the currency of contract under Clause 17(B) of GCC may also consider levy of token penalty, as deemed fit based on the merit of the case.

44. MAINTENANCE PERIOD 44.1 PERMANENT WAY WORK : -

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The tenderer/s shall be required to maintain the work effectively for a period of 06(six) months from the date of completion as per Clause No.47 of Indian Railway Standard General Conditions of Contract and no part refund of Security Deposit shall be permitted during the maintenance period mentioned above.

45. CLEARANCE OF SITE

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

46. USE OF EXPLOSIVE

Explosive shall not be used on the work or brought to the site by the contractor/s without the written permission of the Engineer. After such permission is given, the explosives will be stored and used as per extent explosive rules of the Government of India/State Government. Railway does not undertake any liability for any assistance whatsoever for procurement of blasting material. Advance work shall be done by the contractor in this regard.

47. VARIATIONS IN EXTENT OF CONTRACT

47.1. Modification To Contract To Be In Writing : In the event of any of the provisions of the contract requiring to be modified after the contract documents have been signed, the modifications shall be made in writing and signed by the Railway and the Contractor and no work shall proceed under such modifications until this has been done. Any verbal or written arrangement abandoning, modifying, extending, reducing or supplementing the contract or any of the terms thereof shall be deemed conditional and shall not be binding on the Railway unless and until the same is incorporated in a formal instrument and signed by the Railway and the Contractor, and till then the Railway shall have the right to repudiate such arrangements.

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

47.3 (i) Unless otherwise specified in the special conditions of the contract, the accepted variation in quantity of each individual item of the contract would be upto 25% of the quantity originally contracted, except in case of foundation work. The contractor shall be bound to carry out the work at the agreed rates and shall not be entitled to any claim or any compensation whatsoever upto the limit of 25% variation in quantity of individual item of works.

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(ii) In case of earthwork, the variation limit of 25% shall apply to the gross quantity of earth work and variation in the quantities of individual classifications of soil shall not be subject to this limit.

(iii) In case of foundation work, no variation limit shall apply and the work shall be carried out by the contractor on agreed rates irrespective of any variation.

47.4 Valuation Of Variations : The enlargements, extensions, diminution, reduction,

alterations or additions referred to in Sub-Clause (2) of this Clause shall in no degree affect the validity of the contract; but shall be performed by the Contractor as provided therein and be subject to the same conditions, stipulations and obligations as if they had been originally and expressively included and provided for in the Specifications and Drawings and the amounts to be paid therefor shall be calculated in accordance with the accepted Schedule of Rates. Any extra items/quantities of work falling outside the purview of the provisions of Sub-Clause (2) above shall be paid for at the rates determined under Clause-39 of General Conditions of contract produced as under at 47.5.1 & 47.5.2:

47.4.1 Rates For Extra Items Of Works : Any item of work carried out by the Contractor on

the instructions of the Engineer which is not included in the accepted Schedules of Rates shall be executed at the rates set forth in the "Schedule of Rates of Railway" modified by the tender percentage and such items are not contained in the latter, at the rate agreed upon between the Engineer and the Contractor before the execution of such items of work and the Contractors shall be bound to notify the Engineer at least seven days before the necessity arises for the execution of such items of works that the accepted Schedule of Rates does not include rate or rates for the extra work involved. The rates payable for such items shall be decided at the meeting to be held between the Engineer and Contractor, in as short a period as possible after the need for the special item has come to the notice. In case the Contractor fails to attend the meeting after being notified to do so or in the event of no settlement being arrived at, the Railway shall be entitled to execute the extra works by other means and the Contractor shall have no claim for loss or damage that may result from such procedure.

47.4.2 Provided that if the Contractor commences work or incurs any expenditure in regard thereto before the rates as determined and agreed upon as lastly hereuntofore-mentioned, then and in such a case the Contractor shall only be entitled to be paid in respect of the work carried out or expenditure incurred by him prior to the date of determination of the rates as aforesaid according to the rates as shall be fixed by the Engineer. However, if the Contractor is not satisfied with the decision of the Engineer in this respect, he may appeal to the Chief Engineer within 30 days of getting the decision of the Engineer, supported by analysis of the rates claimed. The Chief Engineer's decision after hearing both the parties in the matter would be final and binding on the Contractor and the Railway.

47.5 Variations In Quantities During Execution Of Works Contracts : The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts:

1. Individual NS items in contracts shall be operated with variation of plus or minus 25% and payment would be made as per the agreement rate. For this, no finance concurrence would be required.

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2. In case an increase in quantity of an individual item by more than 25% of the agreement quantity is considered unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh tender for operating that item is considered not practicable, quantity of that item may be operated in excess of 125% of the agreement quantity subject to the following conditions:

(a) Operation of an item by more than 125% of the agreement quantity needs the approval of an officer of the rank not less than S.A. Grade;

(i) Quantities operated in excess of 125% but upto 140% of the agreement quantity of the concerned item, shall be paid at 98% of the rate awarded for that item in that particular tender;

(ii) Quantities operated in excess of 140% but upto 150% of the agreement quantity of the concerned item shall be paid at 96% of the rate awarded for that item in that particular tender;

(iii) Variation in quantities of individual items beyond 150% will be prohibited and would be permitted only in exceptional unavoidable circumstances with the concurrence of associate finance and shall be paid at 96% of the rate awarded for that item in that particular tender.

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

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

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

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

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

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

4. The limit for varying quantities for minor value items shall be 100% (as against 25% prescribed for other items). A minor value item for this purpose is defined as an item whose original agreement value is less than 1 % of the total original agreement value.

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

6. As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as a whole and not on individual SOR items. However, in case of NS items, the limit of 25% would apply on the individual items irrespective of the manner of quoting the rate (single percentage rate or individual item rate).

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

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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.

{Authority :(1) Item-9 to Railway Board's letter no. 2007/CE-I/CT/18, Dated 28.09.07 and (2) Item-2 to Railway Board’s letter no. 2007/CE.I/CT/18/Pt.XII, Dated 31.12.10} 48. INSTRUCTIONS/DIRECTIVES OF THE ENGINEER'S REPRESENTATIVE. 48.1 The contractor shall at all times, execute the contract work only in the presence and under

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

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

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

49. PROTECTION AT THE WORKS SITE. 49.1 On Railway Track where the train traffic will be operational during the execution of the Contract work, the protection of the works site as considered appropriate and adequate shall be arranged by the Engineer's Representative at the Railway's cost. 49.2 Notwithstanding the aforementioned protection at the works site provided by the

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

50. NON-COMPLIANCE WITH THE INSTRUCTIONS/DIRECTIVES OF THE

ENGINEER'S REPRESENTATIVE. 50.1 The contractor shall always comply with the instructions/directives issued by the

Engineer's representative from time to time. In the event of any non-compliance with such instructions/directives, apart from and in addition to other remedies available to the Railway as specified herein above the Engineer's representative may employ at the works the Railway's workmen with necessary equipment as considered appropriate and adequate by him to provide the requisite conditions for the safe and unhampered movement of

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Railway traffic. The decision of the Engineer's representatives in regard to the need appropriateness and adequate of the deployment of the Railway Workmen with necessary equipment shall be final and conclusive.

50.2 When the Railway workmen with necessary equipment are deployed in the above manner, recovery at the following rate shall be made from the Contractor's dues under this contract or any other monies of the Contractor available with the Railway under this contract. The recovery for the total Railway Workmen Hours employed at the rate of Rs. 50/- (Rupees Fifty only) per Workmen-Hour irrespective of the type and grade of the Railway Employee actually employed. The aggregate period of the Workman-Hours for the above recoveries shall be reckoned from the time the Railway Workmen are actually deployed at the work site till the work is completed to the satisfaction of the Engineer’s Representative whose decision in this regard shall be final and conclusive.

51 PERSISTENT NON-COMPLIANCE WITH INSTRUCTIONS/ DIRECTIVES OF

ENGINEER'S REPRESENTATIVE. 51.1 If the Contractor does not comply with the instructions/Directives of the Engineer's

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

51.2 The decision of the Engineer's Representative in this regard shall be final and conclusive. The Contractor shall not have any claim whatsoever against the Railway for such short term/long term suspension of the contract work.

51.3. During the above mentioned period of suspension of work, the contractor shall not in any manner attempt to carry out any work at the work site. Any such attempt of the contractor shall be deemed to be an unauthorized work on the Railway Track. For such acts, the Contractor shall then be liable for further appropriate action under the relevant provisions of the Indian Railway Act.

52. WARRANTY : -

The Contractor/s shall warrant the materials supplied under this contract to be free of any defects in material and workmanship under ordinary use and service.

53. The contractor shall construct suitable go-downs at the site of work for storing material to save from damage by sun, rain, dampness, fire, theft etc. He should also employ necessary staff to watch the materials at his cost.

54. In case the overall value of the tender by public sector undertaking of the State or Central Government is higher than the value of lowest tender up to 10% the Railway reserves the rights to give preference to such public sector undertaking ignoring the lower tenderer/s.

55 SAFETY PRECAUTION TO BE TAKEN WHILE PERMITTING PLYING OF VEHICLES

ADJACENT TO RUNNING LINES TO PREVENT ACCIDENT OF TRAINS. 55.1 Whenever a lorry or any other form of road transport if required to ply along, or in the

vicinity of a running line or any other railway track where Railway Engines or trains are scheduled to move, the contractor shall inform the Engineer, in writing, of such

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requirement specifying the locations and the duration of the time over which such specified road vehicles have to operate in the area (for loading, leading or unloading of earth, ballast or any other material, plant or equipment) without any obstruction or dislocation to the running of trains. The contractor shall also furnish the particulars of vehicles and the names and photographs of driver and attendant retained for each vehicle to enable the Engineer to issue necessary permits allowing the holder to operate the vehicles, with such restrictions regarding the duration and/or location as are considered necessary. Such permits shall be returned to the Engineer as soon as the work for which it is issued is over.

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

55.3 The contractor shall also be bound by the provisions of this agreement, to ply the road

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

55.4 The contractor also undertakes to make good at his own cost any inconvenience, loss,

damage or other expenses caused to or incurred by the Railway Administration and to pay such amounts as determined by the Engineer to be recoverable from the contractor as penalty or damage for any omission, negligence, careless, oversight or accident on the part of any of the contractor's agent, drivers or attendants or any other person to whom the services of the holder of the permit (issued by the Engineer) has been lent or otherwise made accessible or available).

55.5. Any breach of these conditions by the contractor and/or his agent affecting the safety of

movements of trains, engines or other rolling stock of the Railway shall constitute a breach of contract by the contractor entailing liability for termination of contract for default on the part of the contractor.

55.6 The tenderer/s will be permitted to make use of the level crossing for crossing the track

after observing the standard railway safety precaution. If such precautions are not taken, these will be enforced by the railway by adequate arrangements and the cost thereof shall be recovered from the contractor.

56 INSPECTION OF SITE

The contractor/s shall inspect the proposed site of work and acquaint himself/ themselves with site conditions, working hours,storing space for materials, approach road/pathways

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available etc. and all relevant items connected with the execution of work. No claim shall be entertained from contractor making his own arrangements for approach/approach roads from outside Railway land and contractor will bear entire expenses such as road taxes payment on right of way etc. to outsiders.

57.0 TECHNICAL PERSONNEL 57.1 Technical supervisors of proven experience in execution shall be engaged by the tenderer

on the work. The successful tenderer shall state the name of the Technical Supervisor along with his technical qualification Degree/ Diploma. While it may not be necessary for the technical supervisor to reside at site, he should be available at the site of work during the working part of the day. He will be responsible for giving set out and other technical work. In case the contractor fails to employ the technical staff, the recovery shall be made as prescribed in the Clause No: 10 of Special Condition (Non-Technical). The decision of Engineer in charge as to what period for which the technical staff was not employed by the contractor shall be final and binding on the contractor.

57.2 Normally no change in the technical personnel during the period of construction would be

acceptable to the Railway except under very special circumstances. The railway reserves the right to stop the work in case the technical supervisor of tenderer is not available.

57.3 The staff engaged by the contractor at site should be competent enough for the job. They

should posses the certificate of competency certificate, necessary training will be arranged by the contractor at his cost by an expert to enable AXEN(C) in-charge to accord permission for the job. Without a competency certificate, the contractor’s supervisor shall not be allowed to carry out the concreting and earth work. It shall be the responsibility of contractor’s Engineer to give the layout of work, provide dug belling at site, ensure correctness of dimensions and layout of shuttering, centring, ensuring geometrical accuracy of work, and provide layout of reinforcement and other similar items. After the contractor’s engineer has satisfied himself with the arrangements he will intimate the Railway supervisor /Engineer for inspection. Next stage of work like centring /earthwork will start only after the previous stage has been approved by Railway Supervisor/Engineer. If the work checked by contractor’s Engineer get rejected or if any contractor’s Engineer/Supervisor /Artisan is found lacking in quality of work more than twice, the concerned personal will have to be replaced by a suitable well trained personnel.

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

59. HANDING OVER OF SITE FOR WORK

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59.1 Railway may not hand over the entire land for making bank/cutting to the contractor/s due to delay in land acquisition. Land may be handed over in different stretches, which may not be continuous. Contractor/s will be required to carry out the work in available stretches, if some stretch of land cannot be handed over to the contractor for borrowing earth or making bank/cutting within the contract period then suitable extension will be granted only for the affected portion without any payment of extra claim to the contractor.

59.2 No extension to time limit will be admissible if the land is handed over commensurate with

progress of work. 60. OBSERVANCE OF STATUTORY ACT RULES ETC. 60.1 The contractor/s will be bound by the provision of the Minimum Wages Act, 1948 as

amended from time to time and the rules made therein with regard to labour in schedule employment i.e. on road construction, building operations and stone breaking and stone crushing. "Road Construction" will include new construction as well as maintenance and repairs of roads and building portions will include construction of lakes, wharfs, bridges, tunnels, overhead tanks etc. and also maintenance and repairs of the same. The provision of the Minimum Wages Act will also apply to ordinary maintenance works, petty works. The schedule of minimum wages as provided shall be followed.

61. SEQUENCES OF WORK. : -

The contractor/s shall comply with the order of Engineer-in-charge in regard to the sequences of tackling and progressing component parts of works.

62. CONSTRUCTION PROGRAMME: 62.1 The tenderer/s will submit along with his/their tender a Bar Chart indicating the various

operations involved and time required for each operations and the program for execution and completion.

62.2 The successful tenderer within 15 days after the contract is awarded, will make out a

detailed Chart with a detailed program chart based on accepted scheme and submit the same to Engineer for consideration and approval indicating various stages of execution, method of execution and completion of work in different stages keeping the period of completion in view. The above program shall be strictly adhered to.

62.3 The tenderer/s is/are required to adhere to a given program of work. In case there are

slippages in adhering to the stipulated progress of work, his/their contract would be liable to be rescinded.

62.4 The contractor/s shall strictly adhere to a the program framed by the Engineer or his

representative taking into account of the stipulation such as availability of land and other site conditions so as to complete the work within the time allotted to the contractor/s.

62.5 The Contractor/s will have to employ labour in full strength commensurate with working

areas available. He will also arrange for materials and equipments to complete the job

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most expeditiously within the stipulated completion period. The Engineer's decision as to what is full strength will be final.

62.6 In case of any dispute regarding the program of completion, delay in execution, etc., for

any reason whatsoever the decision of the Engineer-in-Charge shall be final and binding on the contractor/s. The contractor/s will not be entitled to any claim whatsoever on this account.

63. AGREEMENT/SUB-AGREEMENT : -

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

64.0 AGREEMENT CHARGES : -

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

65.0 SIGNING OF CONTRACT DOCUMENTS 65.1 The tenderer/s whose tender is accepted shall be required to appear at the office of the

Deputy chief Engineer (C) II, Western Railway, Churchgate, Mumbai – 400 020, in person or in a firm or corporation duly authorized representatives shall so appear and to execute the contract documents within seven days after notice that the contract documents are kept ready for execution.

65.2 Failure to do so shall constitute a breach of the agreement affected by the acceptance of

the tender in which case the full value of the earnest money accompanying the tender shall stand forfeited without prejudice to any other rights or remedies.

65.3 In the event of any tenderer/s whose tender is accepted shall refuse to execute the

contract documents as herein before provided,the Railway may determine that such tenderer/s has/have abandoned the contract and there upon his/their 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 damages for such default.

65.4 Please note that the Contract Agreement shall be executed only after acceptance of Performance Guarantee by the Competent Authority. 66.0 COMPLETION CERTIFICATE. 66.1 The work shall not be considered to have been completed in accordance with the terms of

contract until the Engineer-in-charge shall have issued certificate in writing to this effect. No approval of materials or workmanship or approval of part of the work during the program of execution shall bind the Engineer- in-charge or in any way prevent him from even rejecting the work which is claimed to be completed and to suspend the issue of his certificate of completion until such alterations and modification of reconstruction have

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been effected at the cost of the contractor/s as shall enable him to certify that the work has been completed to his satisfaction.

66.2 After the work is completed, the contractor/s shall give notice of such completion to the

Engineer-in-charge and within 30 days of receipt of such notice the Engineer-in-charge shall inspect the work and if there is no defect in the works shall furnish the contractor/s with a certificate indicating the date of completion. However, if there are any defects, which in the opinion of the Engineer-in-charge are rectifiable, he shall inform the contractor/s the defects noticed. The contractor/s after rectification of such defects shall notify the Engineer-in-charge and then the Engineer-in-charge on his part shall inspect the work and issue the necessary completion certificate within 3 days, if the defects are rectified to his satisfaction, and if not he shall inform the contractor/s indicating defects yet to be rectified. The time cycle as above shall continue.

66.3 In case defects noticed by the Engineer-in-charge, which in his opinion are not rectifiable

but otherwise acceptable at reduced payments, work shall be treated as completed. In such case completion certificate shall be issued by the Engineer-in-charge within 30 days indicating the un-rectifiable defects for which specified reduction in payment is being made by him.

67. EXTENSION OF TIME LIMIT OF CONTRACT : -

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

68. MODE AND TERMS OF PAYMENT 68.1 All payments will normally be made only for finished works on the basis of mode and

terms of payments agreed upon and provided in the contract. 68.2 Payment will be made for the actual work done at site on pro-rata basis. 69. The staff engaged by the contractor at site should be competent enough for the job. They

should posses the certificate of competency certificate, necessary training will be arranged by the contractor at his cost by an expert to enable Engineer in-charge to accord permission for the job. Without a competency certificate, the contractor’s Supervisor shall not be allowed to carry out the concreting and earth work.

70 Submission of the completion Plans 70.1 After completion of the work, contractor/s shall prepare and submit completion drawings

for each structures/ bridge separately on reproducible tracing film of minimum thickness 50 microns double matt type of approved quality available in the market in A1 size (594mm by 841mm) indicating the details of existing structure in black, details of work dismantled in green and details of work done in red colour and with all notes of general and technical nature. These tracing shall be got approved from the Railway and the drawing shall be treated as complete after the approval by the Railway. He/They shall be

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required to prepare the drawings in AUTO CAD and also submit in a compact disc. They shall also require to provide 6 (six) sets of the ammonia copies for each structure.

70.2 No payment shall be arranged for submission of the drawings in tracing film / ammonia

copies and in compact disc. In case contractor/s fails/fail to submit the drawings as required, recovery at the rate of Rs.10,000/- per structure/ bridge drawing covered under the contract shall be made from the running/final bill.

71.0 "Maintenance Manual" describing access arrangements, important obligatory precautions

from the point of view of structural safety and procedure for minor and major repairs of each component of the bridge, renewals of finishes and treatments periodically shall be supplied by the contractor. Nothing shall be paid on this account.

A "Quality Assurance Manual" covering designs and drawings, mix-designs, materials, testing, soil and rock properties, statistical quality control, etc. shall be prepared by the contractor free of cost well before starting the work. Nothing shall be paid on this account.

72(a) The contractor shall arrange to submit three sets of minimum 72 Nos. of photographs of

size 5”x7” showing various operations and stages of different activities of the project. The photograph shall be taken for every important activity during execution of work as decided by the Engineer for display and record purpose. In addition, the contractor will submit 3 sets of 2 laminated photographs of size 20” x 30”. If the photographs as listed above are not submitted then recovery of Rs.20,000/- shall be made from the contractor’s bill.

72(b) The successful tenderer will be required to prepare video film (on CDROM) recording of

entire construction and edit the same with proper commentary. The same shall cover the whole work in duration of about 2 hours. This film shall pictorially represent the entire work of earthwork, construction of foundation and substructure and superstructure of the bridges and buildings. Two copies of video films (On CDROM) shall be handed over to the Railway along with necessary details, instructions, literature etc. The rate for foundations, substructure and superstructure includes cost of such filming. Nothing shall be paid on this account. If the contractor fails to submit the Video Film on CDROM then Rs.25, 000/- shall be recovered from the bill.

73.0 Special condition for Contractor’s Vehicles plying near Railway track. 73.1 The contractor shall not allow any road vehicle belonging to him or his suppliers etc. to ply

in Railway land next to the running line. If for execution of certain works viz. earthwork for parallel Railway line and supply of ballast for new or existing rail line, gauge conversion etc. road vehicles are necessary to be used in Railway land next to the Railway line, the contractor shall apply to the Engineer-in-charge for permission giving the type and number of individual vehicles, names and license particulars of the drivers, location, duration and timings for such work/movement. The Engineer in charge or his authorized representative will personally counsel, examine and certify, the road vehicle drivers, contractor’s flagmen and supervisor and will give written permission giving names of road vehicle drivers, contractor’s flagmen and supervisor to be deployed on the work, location, period and timing of the work. This permission will be subject to the following obligatory conditions:

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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73.2 Road vehicles can ply along the track after suitable cordoning of track with minimum distance of 6 m from the centre of the nearest track. For plying of road vehicles during night hours, adequate measures to be communicated in writing along with a site sketch to the contractor/contractors’ representative and controlling engineers/supervisors in charge of the work including officers and the in charge of the sections.

73.3 Nominated vehicles and drivers will be utilized for work in the presence of at least one

flagman and one supervisor certified for such work. 73.4 The vehicles shall ply 6 m clear of track. Any movement/ work at less than 6 m

and upto minimum 3.5 m clear of track centre shall be done only in the presence of Railway employee authorized by the Engineer-in-charge. No part of the road vehicle will be allowed at less than 3.5 m from track centre. Cost of such Railway employee shall be borne by the Railway.

73.5 The Contractor shall remain fully responsible for ensuring safety and in case of any

accident, shall bear cost of all damages to this equipment and men and also damages to Railway and its passengers.

74.0 PRICE VARIATION (Price variation clause (PVC) will be applicable to those Contracts of value (Contract Agreement Value) more than Rs. 50 Lakhs

irrespective of contract completion period.

74.1 Applicability : Price Variation Clause (PVC) shall be applicable only for tenders of value as prescribed by the Ministry of Railways through instructions/circulars issued from time to time and irrespective of the contract completion period. Materials supplied free of cost by Railway to the contractors shall fall 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.

74.2 Base Month : The Base Month for ‘Price Variation Clause’ shall be taken as month of opening of tender including extensions, if any, unless otherwise stated elsewhere. The quarter for applicability of PVC shall commence from the month following the month of opening of tender. The Price Variation shall be based on the average Price Index of the quarter under consideration.

74.3 Validity : Rates accepted by Railway Administration shall hold good till completion of work and no additional individual claim shall be admissible on account of fluctuations in market rates, increase in taxes/any other levies/tolls etc. except that payment/recovery for overall market situation shall be made as per Price Variation Clause given hereunder.

74.4 Adjustment for variation in prices of material, labour, fuel, explosives, detonators, steel, concreting, ferrous, non-ferrous, insulators, zinc and cement shall be determined in the manner prescribed.

74.5 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,

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Ferrous, Non-ferrous, Insulator, Zinc, Erection etc. However, for fixed components, no price variation shall be admissible.

74.6 The percentages of labour component, material component, fuel component etc. in various types of Engineering Works shall be as under :

Component Percentage Component Percentage

(A) Earthwork Contracts :

Labour Component 50% Other Material Components 15%

Fuel Component 20% Fixed Component * 15%

(B) Ballast and Quarry Products Contracts :

Labour Component 55% Other Material Components 15%

Fuel Component 15% Fixed Component * 15%

(C) Tunnelling Contracts :

Labour Component 45% Detonators Component 5%

Fuel Component 15% Other Material Components 5%

Explosive Component 15% Fixed Component * 15%

(D) Other Works Contracts :

Labour Component 30% Fuel Component 15%

Material Component 40% Fixed Component * 15%

* It shall not be considered for any price variation.

74.7 Formulae : The Amount of variation in prices in several components (labour material etc.) shall be worked out by the following formulae :

(i) L = W x (LQ – LB) x LC LB 100

(ii) M = W x (MQ – MB) x MC MB 100 (iii) F = W x (FQ – FB) x FC FB 100 (iv) E = W x (EQ – EB) x EC EB 100

(v) D = W x (DQ – DB) x DC DB 100

(vi) S = SW x (SQ – SB)

(vii) C = CV x (CQ – CB) / CB

For Railway Electrification Works :

(viii) T = [(CS - CO) / CO x 0.4136] x TC

(ix) R = [(RT - RO) / RO + (ZT - ZO) / ZO x 0.06] x RC

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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(x) N = [(PT - PO) / PO] x NC

(xi) Z = [(ZT - ZO) / ZO] x ZC

(xii) I = [(IT – IO) / IT] x 85

Where,

L Amount of price variation in Labour M Amount of price variation in Materials F Amount of price variation in Fuel E Amount of price variation in Explosives D Amount of price variation in Detonators S Amount of price variation in Steel C Amount of price variation in Cement T Amount of price variation in Concreting R Amount of price variation in Ferrous Items N Amount of price variation in Non-Ferrous Items Z Amount of price variation in Zinc I Amount of price variation in Insulator LC % of Labour Component MC % of Material Component FC % of Fuel Component EC % of Explosive Component DC % of Detonators Component TC % of Concreting Component RC % of Ferrous Component NC % of Non-Ferrous Component ZC % of Zinc Component W Gross value of work done by contractor as per on-account bill(s), excluding cost of

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

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

LQ 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

MB Index Number of Wholesale Prices – By Groups and Sub-Groups : All commodities – as published in the R.B.I. Bulletin for the base period

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

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

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

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EB Cost of explosives, as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of explosives are made by the contractor for the base period

EQ Cost of explosives, as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of explosives are made by the contractor for the average price index of the 3 months of the quarter under consideration

DB Cost of detonators, as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of detonators are made by the contractor for the base period

DQ Cost of detonators, as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of detonators are made by the contractor for the average price index of the 3 months of the quarter under consideration

SW Weight of steel in tonne, supplied by the contractor as per the ‘on-account’ bill for the month under consideration

SQ SAIL’s (Steel Authority of India Limited) ex-works price plus applicable GST and Cess on GST (if any) thereof (in rupees per tonne) for the relevant category of steel supplied by the contractor, as prevailing on the first day of the month in which the steel was purchased by the contractor (or) as prevailing on the first day of the month in which steel was brought to the site by the contractor, whichever is lower

In case, there is no notification by SAIL for the month under consideration, the price of steel, as notified in the last available month shall be taken

SB SAIL’s ex-works price plus applicable GST and Cess on GST (if any) thereof (in Rs. per tonne) for the relevant category of steel supplied by the contractor as prevailing on the first day of the month in which the tender was opened.

In case, there is no notification by SAIL for the month under consideration, the price of steel, as notified in the last available month shall be taken.

CV Value of Cement supplied by Contractor as per on account bill in the quarter under consideration

CB Index No. of Wholesale Price of sub-group (of Cement & Lime) as published in RBI Bulletin for the base period

CQ Index No. of Wholesale Price of sub-group (of Cement & Lime) as published in RBI Bulletin for the average price index of the 3 months of the quarter under consideration

CS RBI wholesale price index for cement & lime for the month which is six months prior to date of casting of foundation

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

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

RO IEEMA price index for Iron & Steel for the month which is one month prior to date of opening of tender.

PT IEEMA price for Copper wire bar for the month which is two months prior to date of inspection of material.

PO IEEMA price for Copper wire bar for the month which is one month prior to date of opening of tender.

ZT IEEMA price for Zinc for the month which is two months prior to date of inspection of material

ZO IEEMA price for Zinc for the month which is one month prior to date of opening of tender

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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IT RBI wholesale price index for Structural Clay Products for the month which is two months prior to date of inspection of material

IO RBI wholesale price index for Structural Clay Products for the month which is one month prior to date of opening of tender

{Authority : Railway Board’s letters no. 85/W-I/CT/7 Pt.I, Dated 18.07.2012 and no. 2007/CE-I/CT/18/Pt.13, Dated 02.05.2014}

74.8 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.

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

74.10 Price Variation During Extended Period Of Contract

The price adjustment as worked out above, i.e. either increase or decrease shall be applicable upto 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 Standard 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 the original completion period or the extended period under Clause 17-A of the Standard General Conditions of Contract; as the case may be.

(b) In case the indices fall below the indices applicable to the last month of original/ extended period of completion under Clause 17-A, as the case may be; then the lower indices shall be adopted for the price adjustment for the period of extension under Clause 17-B of the Standard General Conditions of Contract.

{Authority : Railway Board’s letters no. 2007/CE-I/CT/18/Pt.19, Dated 14.12.12}

Category of steel supplied in the Railway Work.

Category of steel produced by SAIL whose ex-works price plus applicable GST and Cess on GST (If any) would be adopted to determine price variation.

Reinforcement bars and other rounds. TMT 8 mm IS 1786 Fe 415/Fe 500 All types and sizes of angles. Angles 65 x 65 x6 mm IS 2062 E250A SK All types and sizes plates PM Plates above 10-20 mm IS 2062 E250A SK All types and sizes of channels and joists. Channels 200 x 75 mm IS 2062 E250A SK Any other section of steel not covered in the above categories and excluding HTS

Average of price for the 3 categories covered under sl. No.1,2,3 above.

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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75. Disaster Management :- All the available vehicles and equipments of the contractor can be drafted by the railway administration in case of accident / natural calamities involving human lives the payment for such drafting shall be made according to the rates as shall be fixed by the engineer. However if the contractor is not satisfied with the decision of the engineer in this respect he may appeal to the Chief Engineer within 30 days of getting the decision of the engineer, supported by analysis of the rates claimed. The chief Engineers decision after hearing both the parties in the matter would be final and binding on the contractor and the Railway.

76. Building and Other Construction Worker Welfare Act, 1996 :-

The tenderer for carrying out any construction work inMumbai(Maharashtra) must get themselves registered from the Registering Officer under Section -7 of the “Building and Other Construction Workers Act, 1996” and rules made thereto by the concerned state government (Maharashtra) Govt. and submit certificate of Registration issued from the Registering Officer of theconcerned state government Govt. of (Labour Deptt.)As perthis 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.

77. Application of the provisions of “Employees Provident Fund & Miscellaneous

Provisions Act, 1952”; “Employees’ Pension Scheme, 1995” and Employees Deposit Linked Insurance Scheme, 1976” to Railway Contracts.

Provisions of Employees Provident Fund and Miscellaneous Provisions 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,1952; and Para 7 & 8 of Employees Deposit Linked Insurance Scheme,1976; as modified from from time to time through enactment of Employees Provident Fund & Miscellaneous Provisions Act, 1952, wherever applicable and shall also indemnify the Railway from and against any claim under the aforesaid Act and the Rules.

Employees' Provident Fund Scheme,1952 :-

Para - 30 Payment of Contributions:

(1) The employer shall, in the first instance, pay both the contribution payable by himself (in this Scheme referred to as the employer's contribution) and also, on behalf of the member employed by him directly or by or through a contractor, the contribution payable by such member (in this Scheme referred to as the member's contribution).

(2) In respect to employees employed by or through a contractor, the contractor shall recover the contribution payable by such employee (in this Scheme referred to as the member's contribution) and shall pay to the principal employer the amount of member's contribution so deducted together with an equal amount of contribution (in this Scheme referred to as the employer's contribution) and also administrative charges.

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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(3) Is shall be the responsibility of the principal employer to pay both the contribution payable by himself in respect to the employees directly employed by him and also in respect of the employees employed by or through a contractor and also administrative charges.

{Explanation : For the purposes of this paragraph, the expression “administrative charges” means such percentage of the pay (basic wages, dearness allowance, retaining allowance, if any, and cash value of food concessions admissible thereon) for the time being payable to the employees other than an excluded employee, and in respect of which Provident Fund Contribution are payable as the Central Government may, in consultation with the Central Board and having regard to the resources of the Fund for meeting its normal administrative expenses fix.}

Para - 36-B Duties of Contractors:

Every contractor shall, within seven days of the close of every month, submit to the principal employer a statement showing the recoveries of contribution in respect of employees employed by or through him and shall also furnish to him such information as the principal employer is required to furnish under the provisions of the Scheme to the Commissioner.

Employees' Pension Scheme, 1995:

Para 3(1) : From and out of the contributions payable by the employer in each

month under Section 6 of “Act” or under the rules of the Provident Fund of the establishment which is exempted either under clause (a) and (b) of sub-section (1) of Section 17 of the Act or whose employees' Provident Fund Scheme,1952, a part of contribution representing 8.33 per cent of the Employees' pay shall be remitted by the employer to the Employees Pension Fund within 15 days of the close of every month by a separate bank draft or cheque on account of the Employees' Pension Fund contribution in such manner as may be specified in this behalf by the Commissioner. The cost of the remittance, if any, shall be born by the employer.

Para 3(2) : The Central Government shall also contribute at the rate of 1.16

per cent of the pay of members of the Employees' Pension Scheme and credit the contribution to the Employees' Pension Fund:

Provided that where the pay of the member exceeds Rs.6,500 (Rupees Six thousand and Five hundred) per month, the contribution payable by the employer and the Central Government be limited to the amount payable on his pay of Rs.6,500 (Rupees Six thousand and Five hundred) only.

Para 4 : Payment of Contribution :

(1) The employer shall pay the contribution payable to the Employees' Pension Fund in respect to each member employed by him directly or by or through a contractor.

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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(2) It shall be the responsibility of the principal employer to pay the contributions payable to the Employees' Pension Fund by himself in respect if the employes directly employed by him and also in respect to the employees employed by or through a contractor.

Employees' Deposit Linked Insurance Scheme, 1976 :

Para 7 : Contribution :

(1) The contribution payable by the employer and the Central Government under sub-section (2) and sub-section (3) of Section 6-C of the Act, shall be calculated on the basis of the basic wages, dearness allowance (including the cash value of any food concession) and retaining allowance, if any, actually drawn during the whole month whether paid on daily, weekly, fortnightly or monthly basis. Provided that where the monthly pay of an employee exceeds six thousand Five hundred rupees, the contribution payable in respect of him by the employer and the Central Government shall be limited to the amounts payable on a monthly pay of six thousand Five hundred rupees including dearness allowance, retaining allowance (if any) and cash value of food concession.

Para 8 : Mode of Payment of Contribution :

(1) The contribution by the employer shall be remitted by him together with administrative charges at such rate as the Central Government may fix from time to time under sub0section 4 of Section 6-C of the Act. To the Insurance Fund within fifteen days of the close of every month by a separate bank draft or cheque or by remittance in cash in such manner as may be specified in this behalf by the Commissioner. The cost of remittance, of any, shall be born by the employer.

(2) It shall be the responsibility of the employer to pay the contribution payable by himself in respect of the employees directly employed by him and also in respect of the employees employed by or through a contractor.

78.0 MANDATE FORM: Particulars of the Party: Name: __________________________________________________________ Address: ________________________________________________________ _________________________________________________________ _________________________________________________________ Phone No: _______________ Mobile No: ______________ Fax No:__________ I/Tax PAN No: ____________________ E.Mail ID No.: __________________

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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Particulars of Bank Account: Bank Name: ____________________________________________________ Branch: _______________________________________________________ Bank Address: __________________________________________________ Bank Telephone No: ___________________ Fax No: ___________________ Bank MICR Code No (9 Digit): ______________ IFS Code No: ____________ Bank Account No: _______________________________________________ Account Type: Savings/Current/Cash Credit Ledger F/No. :_______________ Declaration by the Party: 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 the User Institution, i.e. Dy.FA&CA/C/ Western Railway/CCG will not be held responsible. I Have understood the scheme and agree to discharge the responsibility expected from me as a participant under the scheme. I also undertake to acknowledge/ intimate the concerned Railway Administration (Dy.FA&CAO/C/Western Railway/CCG) on receipt of each payment from Railways. One cancelled cheque/photo copy of the cheque duly carrying IFS Code is enclosed. Date:

79.0 SPECIMEN FORMAT OF INDEMNITY BOND FOR SALES TAX OR ANY OTHER TAXES: (On Stamp Paper of Rs.100/-) This Indemnity bond is executed on this _________ Two Thousand ____________ by ________________________________________________ (Name of Contractor) (hereinafter called contractor) a company incorporated Under the Companies Act, 1956 having its registered office at ______________________ in Favour of the President of India acting through the Chief Administrative Officer (Con)/Chief Engineer (Con) Western Railway, Churchgate, Mumbai/ Dy. Chief Engineer(C) II, Western Railway, Churchgate, Mumbai-400020 hereinafter called the ‘Railway’ which expression shall include its successors and assigns. Whereas, the indemnifier has entered into a contract bearing LOA No___________ dated_____________ for execution of ___________________________________________________ (Name of work). AND Whereas, in terms of Clause no.21 & 36 of Tender Document, ___________________________________ (Name of contractor) of the said contract the indemnifier is required to execute an Indemnity Bond in favour of ‘Railway’ against any claim by

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Govt./Local Bodies for all taxes and Royalty levied by State Government and/ or central government/ Local Body. Now, by this Indemnity Bond __________________________ (Name of the Contractor) undertakes as under: That _______________________________- (Name of Contractor) hereby undertakes and binds himself to act as per condition of the LOA No. _________________ Dated -______________ and undertakes to indemnify, the Western Railway represented through the Chief Administrative Officer (Con)/Chief Engineer (Con) Western Railway, Churchgate, Mumbai/ Dy. Chief Engineer(C) II, Western Railway, Churchgate, Mumbai-400020against any claim by Govt./ Local body for all taxes and royalty levied by State Govt./ Central Govt./ Local bodies. That ________________________ (Name of Contractor) hereby indemnify and save harmless the Railway from and against all actions, suit proceedings, losses, costs, damages, charges, claims and demands of every nature and description brought or recovered against the Railways by reason of any act or omission of the contractor, his agents or employees, in the execution of the works or in his guarding of the same. All sums payable by way of compensation to be applied to the actual loss or damage sustained, and whether or not any damages shall have been sustained. That this Bond shall be irrevocable during its period and shall remain in full force and effect till it discharged by ‘Railway’ in writing. In witness whereof, ____________________ (Name of Contractor) has hereto set its hand through its authorised representative under the seal of the company on ____________________ this day, month and year first above mentioned. Date: EXECUTANT Witness(With Address) 1) 2)

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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80.0 Special Condition: (Authority: CAO (C)/CCG’s Letter No. WNC.623/0/GST dated 14/07/2017)

(I) (In reference to Railway Board's letter No.2017/CE-I/CT/4/GST dated 23/06/2017): Revised para (a) of clause 6 of GCC -July2014 shall be read as under:

Clause 6 - Care In Submission Of Tenders :

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

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

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

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

(II) (In reference to Railway Board's letter No.2016/CE-I/CT/12/GST/Pt.I dated 29/06/2017):

Implementation of GST Act, 2017 - Procedure for Payment of Contractual Bill.

The following procedure as mentioned below while dealing with contractor’s payment, once GST is applicable, will be followed: (A)(i) All works contracts are to be provided with goods/service code based on the type

of contract. In case contract consists of both goods & service, then interpretation regarding nature of contract shall be done as per clause 8, Chapter III of CGST Act, 2017. The goods/service code is notified by Ministry of Finance and can be down loaded from the website www.cbec.gov.in.

(ii) The ‘on account/final contract certificate’ shall be prepared by the Railway on the basis of quantity of work executed and agreemental rates, duly segregating the GST component as detailed in para(ii) below.

(iii) Since the agreemental rates of contracts are inclusive of all taxes as per clause 37 of GCC-2014, the calculation of ‘Gross amount of wok executed’, ‘Amount of work executed excluding GST amount’ and ‘GST amount’ in the ‘on account/final contract certificate’ shall be done as under :

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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Let Z = Gross amount of work executed on the basis of quantum of work executed

and agreemental rates. X = Amount of work executed excluding GST amount. Y = GST amount as per applicable GST rate for that goods/service code. R = Percentage rate of GST for that goods/service code

Then, Z = X+Y, Y=X*R/100

(iv) Percentage rate of GST for various types of goods/services as finalised by GST council can be downloaded from the website www.cbec.gov.in.

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

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

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

(iv) In case any need arises to modify the Invoice (Bill) due to any reason, contractor shall submit amended fresh invoice for processing the payment.

Annexure

1 Supplier Name 2 Supplier GSTIN 3 Invoice No. 4 Invoice Issue Date 5 Total Value 6 Taxable Value 7 Goods A/c HSN, Service Accounting Code 8 Goods and Service Description 9 Unit Qty Code 10 Quantity 11 Rate 12 Whether eligible for ITC – Partial/Full/NIL 13 IGST Rate 14 IGST Charged Amount 15 CGST Rate 16 CGST Charged Amount 17 SGST/UGST Rate

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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(III) (In reference to Railway Board's letter No.2017/CE-I/CT/4/GST dated

05/07/2017) : Subsequent to the enactment of GST Act, 2017, Railway Board have revised Para 46A.9 and terms SQ & SB mentioned in para 46A.7 of Clause 46A, Part-II of Indian Railways Standard General Conditions of Contract. The revised para 46A.9 and terms SQ &SB mentioned in para 46A.7 of clause 46A, Part-II of Indian Railways Standard Conditions of Contract, July 2014 shall be read as under : 46A.7- Formula :

SQ SAIL’s (Steel Authority of India Limited) ex-works price plus applicable GST and Cess on GST (if any) thereof (in rupees per tonne) for the relevant category of steel supplied by the contractor, as prevailing on the first day of the month in which the steel was purchased by the contractor (or) as prevailing on the first day of the month in which steel was brought to the site by the contractor, whichever is lower

In case, there is no notification by SAIL for the month under consideration, the price of steel, as notified in the last available month shall be taken

SB SAIL’s ex-works price plus applicable GST and Cess on GST (if any) thereof (in Rs. per tonne) for the relevant category of steel supplied by the contractor as prevailing on the first day of the month in which the tender was opened

In case, there is no notification by SAIL for the month under consideration, the price of steel, as notified in the last available month shall be taken

46A.9 Relevant categories of steel for the purpose of operating Price Variation formula, as mentioned in this Clause, based on SAIL’s ex-works price plus applicable GST and Cess on GST (if any) thereof, shall be as under :

18 SGST Charged Amount 19 Cess Rate 20 Cess Charged Amount 21 Name/Recipient of Service/Goods 22 Place of Supply 23 Recipient GSTIN 24 Tax Payable on Reverse Charge Basis (Y/N) 25 TDS

Category of steel supplied in the Railway Work.

Category of steel produced by SAIL whose ex-works price plus applicable GST and Cess on GST (If any) would be adopted to determine price variation.

Reinforcement bars and other rounds. TMT 8 mm IS 1786 Fe 415/Fe 500 All types and sizes of angles. Angles 65 x 65 x6 mm IS 2062 E250A SK All types and sizes plates PM Plates above 10-20 mm IS 2062 E250A SK All types and sizes of channels and joists. Channels 200 x 75 mm IS 2062 E250A SK Any other section of steel not covered in the above categories and excluding HTS

Average of price for the 3 categories covered under sl. No.1,2,3 above.

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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Nature & scope of work:-

SPECIAL/TECHNICAL CONDITIONS OF CONTRACT

1.0 Tender No. Dy CE©II/CCG/313 - Laying and Linking of Broad Gauge Main line, loop lines including points and crossings at various yards, spreading of ballast, tamping of track, dismantling of existing BG track and other miscellaneous works between KM 15 to KM 32.30 in connection with construction of 6th line between Mumbai Central to Borivali stations of Mumbai Division of Western Railways. Following works are in the scope of work of this tender:- The scope of work consists of following works between Km 15.00 to 32.30, Balance P. Way work of Platform No. 8 at Dadar along with yard remodelling, Extension of Shunting line in BCT yard and Dismantling & insertion of Turnout in BCT yard in connection with 6th line project between Mumbai Central to Borivali.

1.1 Assembling, Laying and linking of straight/curved BG track, Turn outs, Switches, SEJs, In-Situ Glued joints with 52/60Kg rails and sleepers, Dismantling of old track, Turn outs, SEJs, Glued joints etc. and Slewing of existing track during block/non block period wherever required, spreading of ballast, tamping of track and other miscellaneous works as directed by the Engineer in charge.

1.2 Transportation of various P. Way materials like Concrete sleepers (ordinary/ Point & Crossing/SEJs

/ and other Special sleepers), fish plates, Fish bolts and other fittings, rails, switches, crossings etc. by truck or/and trailers as found suitable from anywhere to work site/ store or at nominated places as directed by Engineer in charge.

1.3 The material so transported is to be handled wherever required either manually or by crane as

per the requirement and instruction of the Engineer in charge or his representative. 1.4 Leading and spreading of ballast from the stacks on cess. Unloading of ballast in to block

section or in yards from Railway hoppers. 1.5 Deep screening, TRR, TSR of track. 1.6 Through packing of the track manually or by Railway’s Track Machines so as to make it fit for

normal speed by providing adequate number of rounds of packing. 1.7 Dismantling of concrete, preparation of formation and disposal of muck/ debris/ excavated earth. 1.8 Unloading of 10/20 rail panels on running/ existing track under traffic blocks. 1.9 Excavating and redoing of level crossing where ever required for track linking. 1.10 Linking of points outside track and Insertion of the same manually during block or without block. 1.11 Other related works in connection with yard remodeling, CRS inspection and maintenance of

track till handing over of track to open line.

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1.12 De-stressing of LWR/CWR tracks. 1.13 Supplying and fixing precast RCC curve details posts, KM-posts, gradient posts, jurisdiction

posts, land boundary posts, station centre line posts and fouling marks etc. 1.14 Hauling and paring of already unloaded 60kg/52 kg 10/20 rail length panels. 1.15 Removing service rails from track consisting of any type of sleepers and sleeper density existing

60/kg/52 kg/90 R free rails /3 rail panels by removing fish plate and bolts and stacking the released rails and other released materials safely on the cess near loading position as directed by engineer and any other works required for successful completion.

1.16 The pre-requisite works including bridges, earthwork and ballast supply are being done by other

agencies. All these works are being undertaken simultaneously. The site may be handed over in small stretches subject to completion of work by other agencies. The contractor is to work in close coordination with other agencies, especially in regard to using land, approach road etc. During the course of progress of track work, partial completion of earth work bridges etc may require regulation of progress of P. way work or its stoppage. Contractor shall have no claim on this account.

1.17 Scope of work is broadly mentioned herein however it is not exhaustive. Items provided in

schedule are in detail and shall clarify the scope and contractor has to carry out all work incidental to present work.

2.0 The approach road for reaching the site from the main road if any is to be constructed by contractor and the same is also to be maintained till the completion of work by the contractor. If any railway land is required for making road, it will be given to the contractor free of cost till completion of work. The other land used by the contractor for making road will be at contractor’s cost. No separate payment will be paid by the Railway for the above work. The Tenderer should take this in to account while tendering, no extra payment whatsoever for making any approachable road will be permissible on this account.

3.0 Electricity: It may be necessary to use few electric driven machines in the section, for which

Railway shall not supply any power connection in the section. The contractor shall make his own arrangement for power supply either for machinery or for labour camp as and when required.

4.0 After the completion of work contractor will have to ensure its safety and security of the track till

CRS inspection or till taking over the track by open line whichever is later. Payment will be made under relevant SOR items.

5.0 Time is the essence of the work. The entire work shall have to be completed within Twenty

Four Months including monsoon from the date of issue of acceptance. The contractor shall ensure for adhering to stage targets. Some work are required to be done under running Traffic conditions (Pre Block activities) and some works are to be done during the block period .The contractors shall employ sufficient number of equipment’s, labour and supervisor so that the work is completed in time.

6.0 In this tender, wherever TRM is written shall be construed as track running meter which shall

consist of two rails both left and right. And set shall mean combination of stipulated activities.

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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7.0 The tender consists of four schedules namely schedule “A”, “B”, “C” & “D” The schedule “A” is for for USSOR items of other than P Way & Schedule “B” is SOR items of P Way work and Schedule “C” & “D” are for NS items.

8.0 All items coming under Schedule “A” & “B” i.e. USSOR & SOR items shall be got executed as per

specification Volume –I & II of 2010 or Works hand book part III, 1984 as applicable and mode of payment/measurement shall be as per USSOR of 2011 Western Railway and SOR, Part I, 1993 edition and as applicable.

9.0 There are item wise specifications of items coming under schedule “C” and “D”. The entire work

shall be got executed according to the laid down specifications and as per direction of Engineer in charge.

10.0 If any items of work other than mentioned in tender schedule are required to be carried out for successful completion of work as deemed necessary by the Engineer-in-charge and for which rates are given in the Western Railway's Schedule of Rates Part I, will have to be carried out by the contractor/s and payment for such work will be made at relevant rate in Schedule of Rates as enhanced by accepted tender percentage.

11.0 Method Statement :

(a) Preliminary Activities :

i) Contractor shall make a complete foot to foot survey of track, terrain, approach roads accessibility

for road cranes, vehicles etc. and locations of ballast stacks or plot where ballast supply is in progress, PRC sleepers stacks, new rails/ released rails/ other material lying along the track or in Depots etc. so as to have a complete idea of the section before quoting the rates.

ii) Based on L-Section and Yard Plans which are available in the office of Engineer-in-charge and the same can be seen during working hours of the office, the contractor shall arrange for fixing of reference pegs of center lines of tracks in main line and loop lines, location of stock Rail Joints of different points, traps, dead ends, SEJs, Glued joints etc. Central line peg shall be fixed on the cess at 3 M away from the central line with the help of Theodolite at the interval of 100 meters besides at very change of grade, beginning of transition of curve, beginning of circular curve, other obligatory points such as bridges, level crossing, points and crossing. The contractor shall be provided with LWR plan and based upon that plan, he shall insert SEJ`s exactly at same locations. The centre line pegs and reference pegs/Pillars shall be made by the contractor himself, which shall be either of wood or MS rods. The paint mark shall be given on the reference pillars indicating formation level, proposed rail level. However, no extra payment shall be made for these activities. The Contractor, after fixing such locations shall get it approved by Engineer-in-Charge before going ahead with the work.

iii) The contractor shall identify all obstructions and infringements coming in the linking of BG track. Such obstructions wherever feasible, shall have to be removed in pre block period. The obstructions include C.C. foundations of signal posts/electrical posts/rail posts, water columns and its foundations, masonry walls, curbing stones, ash pits etc. Dismantling of all these items shall be paid to the contractor against relevant items of this tender.

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iv) The contractor shall also identify locations where there is any deficiency or excess of earthwork in the alignment of BG tracks. The contractor shall arrange for execution of such earth works before stacking of P.WAY materials on the cess and also before linking gets underway.

v) Before starting dismantling of track or CTR, the contractor shall ensure that joint inspection, as per special conditions and Joint Procedure Order is completed.

vi) The Contractor shall arrange for sufficient numbers of supervisors and labours, plants, equipments, like crane, tractors and P. Way tools and small machines before commencement of any operations to suit the Stage Targets specified by the Railway.

vii) The contractor shall arrange for sufficient T&P and machinery for execution of work. It is desirable that following plants/equipment and tools are arranged in good serviceable order at all times during the progress of work. (1) JCB : 1 No. (2) Truck/Tractor : 8 Nos. (3) Road Crane : 3 Nos. (4) Rail tongs : 50 Nos. (5) Crow Bar : 100 Nos. (6) Rake ballast : 300 Nos. (7) Phawrah : 300 Nos. (8) Tagari : 400 Nos. (9) Cane Basket : 200 Nos. (10) Spanners D/E : 20 Nos.(BG & NG) (11) Hammer 4 lbs : 20 Nos. (12) Jim Crows. : 5 Nos. (13) Roller (2 to 8 Tonne) : 2 Nos. (14) Cutting Blades : Sufficient numbers

(15) Drill bits for 22mm, 26.5mm, : Sufficient numbers 28mm & 32mm dia.

(16) Beater : 100 Nos. (17) Versine measuring kit : 2 No. (18) Rollers for de Stressing : 100 Nos. (19) ERC Applicators : 1 No (20) Chamfering equipments : 2 Nos. (21) Rail drilling machines : 4 Nos. (22) Rail cutting machines : 2 Nos. (Abrasive Disc cutter) (23) Rail cutting machines (Mechanical): 4 Nos. (24) Rail lifting Jack : 20 Nos.

(25) Box spanners for P & C : 6 Nos. (26) Gauge Cum Level : 10 Nos. (27) Rail Dollies : 4 Nos. (28) Rail thermometers : 4 Nos. (29) Gas cutting Equipments (in working cond.) : 2 sets This list of machines/T&P is for guidance and making advance actions for arrangements of the same. However, any other materials which may be required for linking of track shall also be arranged by the contractor. It is the responsibility of the contractor to keep all P.WAY tools and

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plants in safe custody after day’s work. Railway shall not be responsible for any loss or theft. In case Railway Engineer insists for any particular small tool/ machinery the contractor is expected to bring the same for successful completion of the work.

(b) Activities during execution period

(i) The working during the execution period shall have to perfectly match with targets laid down for each individual activity indicated in the bar charts submitted by the contractor and shall adhere to all stage targets.

(ii) The activities during Execution period shall be as under:

a) With the start of laying, the contractor shall arrange for the spreading of ballast as per

track requirement up to bottom of sleeper level or as directed by the site engineer.

b) After spreading of ballast on bed as per clause above, a roller of 2 to 8 tonnes capacity or so shall roll the complete ballast bed uniformly with number of passes as decided the site engineer.

c) Spreading of PRC sleepers for linking of track on rolled ballast bed shall be permitted

by the Engineer in charge or his authorized representative after verifying the quality of spreading and rolling of ballast bed.

d) The PRC Sleepers shall be laid on the rolled ballast bed with the help of road cranes.

Manual laying of sleepers shall be permitted only in exceptional case where crane working is not possible. But no dragging of sleepers shall be permitted.

e) After placement of sleeper at required spacing, rails (free/ 2rail/ up to 20 rail panels) shall be laid on the sleepers with fastenings. Remaining ballast for crib and shoulder shall be spread as per requirement in track from stacks. The required gap for welding shall be provided. The Contractor shall do linking of track on Curves, LCs, Bridges including fixing of guard rails and check rails along with insertion of SEJs and Glued joints. For linking of BG track in mid section as well as in station yard for insertion of P&C , separate team shall be deployed.

f) The newly laid BG track shall be properly aligned and leveled and given one round of

manual packing to make the track fit for taking track machines, ballast rakes, rail rakes etc.

g) The track work in yards shall be in stages i.e. non T.W.O (traffic Work Order) and

T.W.O. work. The contractor will have to plan the work as per availability of formation & T.W.O. The. Non T.W.O and T.W.O. work in yards may have to be under taken simultaneously. The T.W.O. work may require to be completed within the specified block / non block period as per the sanctioned TWO. Work shall be carried out in such a way that the operation of trains on the track can resume normally after the block. The availability of T.W.O. blocks will depend on the operating conditions and no claim whatsoever shall be accepted on this account. However extension period of completion can be considered based on merit.

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h) Tamping of track shall be done by either manually or with Railway’s tie tamping machines. The contractor shall provide consumables like Diesel and Hydraulic oil ( for topping up) for working of Track machines along with sufficient labours for working of track machines. The Track machine shall make three or more rounds of packing to achieve 100 KMPH or sectional speed whichever is more. Contractor shall also ensure sufficient labour for recoupment of ballast after each round of tamping and rolling of Track.

i) After completion of all rounds of packing by track machines, the contractor shall make

good the deficiency of ballast in cribs and shoulders and arrange for final dressing of ballast as per BG profile i.e. all the pre/during/post tamping operation shall be carried out apart from bringing track parameters to required tolerances as per permanent way manual / LWR manual. Track parameters to be achieved as per correction slip No. 2009/CE-II/TK/1(Policy) dated 02.02.2017 is reproduced below.

‘Para 316 of IRPWM on track laying standards stipulates that “As a good practice the laying standards of track geometry in floating conditions during primary renewals for Broad Gauge and Meter Gauge should be achieved (Track laid with new materials)” as under:- (a) Gauge Sleeper to Sleeper Variation 2mm (b) Expansion Gap Over average gap worked out by recording 20

successive gaps. + 2mm

(c) Joints Low joints not permitted. High joints not more than.. Squareness of joints on straight

+ 2mm + 10mm

(d) Spacing of sleepers..

With respect to theoretical spacing + 20mm

(e) Cross level.. To be recorded on every 4th Sleeper. + 3mm (f) Alignment.. On straight on 10M. chord. + 2mm On curves of Radius more than 600 M. on 20 M.

Chord. Variation of theoretical versines: On curves of Radius less than 600 M on 20 M. Chord. Variation over theoretical versines:

5 mm

10mm (g) Longitudinal

level.. Variation in longitudinal level with reference to approved longitudinal sections.

50mm

The provision of Para 316 of IRPWM shall also be kept in view while laying track for

new line / doubling / gauge conversion.’

j) Supplying, fabricating and fixing of various name boards such as L.C. Boards, Curve Boards, SEJ Boards etc.

k) This also includes work viz. re-doing of LC’s, miscellaneous earthwork in low cess and

LCs, alteration in LC to suit BG dimension, fabrication of check rails/Guard rails etc.

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and all other works as pointed out by Engineer in charge at site for successful completion of works.

l) Contractor shall ensure for “Zero missing fittings” and it’s tightening from time to time during different track operations. After completion of work, the contractor shall return the excess/surplus fittings and materials to the Railway’s at nominated locations.

m) Contractor shall complete all activities for putting up section for CRS inspection with an

aim of achieving a speed of 100 kmph or Sectional speed whichever is more.

(c) Activities of Post Execution Period:

a) Post Execution period starts after completion of CRS inspection. b) All the deficiencies noted during CRS inspection - the contractor should make good the

same pertaining to this contract. c) Contractor shall hand over all the surplus materials to Railways immediately after

completion of linking work. d) Work as per special conditions for different items of Schedule shall also be completed

fully at this stage.

12.0 The Contractor shall plan out the working in phases so as not to cause any infringement to movement of running trains on the adjoining tracks.

13.0 All works will be done under direct supervision of the Railway supervisor. No work

should be taken in hand until and unless the Railway supervisor or his authorized representative is available at site.

14.0 The contractor shall take all precautionary safety measures against accidents during execution of

work. The required flagman will have to be provided with (Red /Green flag) for the safety of movement of trains/engines as stipulated in IRPWM. Payment for flagman will be made under relevant item. In the event of any such accidents damage or injury caused to the Contractor’s labourers, the contractor will have to compensate affected parties as stipulated in various acts duly indemnifying Railways for any liability on this account.

15.0 Issue of P.way Materials & Tool & Plant : 15.1 All Fittings for linking of track will be supplied from Railways depot at any station in Mumbai

Central to Borivali section. 15.2 Issue of all types of materials to the contractor will be on Hand Receipt Vouchers. The contractor

will be held responsible for any shortage, breakage, damage, loss till the track taken over by the Railway. Materials remaining unconsumed should be returned to the Railway’s stores at contractor’s own cost.

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15.3 Any loss of damage or shortage to the Railway materials including tools and plants in the event of contractor’s failure to return materials shall be recovered from the contractors at issue/ book rate plus 20.375% Codal charges.

15.4 P. Way tools required for track linking including dip lorry, if available, can be arranged by the

railway free of cost. Consumable such as fuel, handles for beaters, hammers, phawras, bearings of dip lorry etc will have to be arranged by the contractor at their own cost. However, the Railway does not guarantee availability of tools. All the P Way tools supplied by railway should be returned in good condition. In case of damage or non return of the tools supplied, cost of the same will be recovered from the contractor as per above para.

16.0 The track shall be linked to correct alignment and gauge and the same should be brought to fairly

good standard before the railway takes over the track. Maximum permissible tolerance of track geometry shall be as per IRPWM Para 316 as advised in para 11(b)(ii)(i) above.

17.0 The resources including manpower and T&P should be deployed to achieve following monthly

progress including monsoon during execution of work.

S.No Activity Expected minimum progress 1 Ballast spreading /Carpeting & rolling 5000 Cu m 2 Sleeper spreading 4.5 Kms 3 Rail pairing and skeleton linking 4.5 Track Kms 4 Aligning lifting 1st packing & readying for welding 4.5 Track Kms

18.0 Closure of work & preparation of final bill: The work will be considered completed and

final bill will be prepared and paid only after making good all deficiencies during CRS inspection pertaining to this contract. The decision of engineer in charge will be final and binding and no claim shall be entertained on this account.

19.0 SPECIAL CONDITION AND SPECIFICATIONS FOR NON SCHEDULE ITEMS.

20.1 1/NS: Dismantling of existing track:

The following works shall be under the scope of this item: i) Before dismantling the existing track, the entire portion of track to be dismantled shall be jointly

inspected by foot to foot by Railway’s supervisor and representative of contractor. The joint inventory shall be taken in the inventory register which shall bear the signature of Railway’s supervisor and contractor. The inventory shall be comprehensive i.e. inventory register shall be duly supported with the sketches as far as possible and it shall cover all the major as well as minor fittings and fastening.

ii) The released rails and sleepers after dismantling shall be placed on cess or in Railway land so as

not to interfere with other operations of work. However, as per site requirement, the dismantled rails may be utilized for miscellaneous works as directed by Engineer-in-charge for rails fencing, repeaters etc and linking in loops.

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iii) The length of each rail is required to be measured and written at the end of the rail in white paint by contractor. No extra payment will be given for the same. Rates are inclusive of the same.

iv) Released rails, sleepers and small fittings like bolt, Pandrol clips, rubber pads, liners, etc. will have

to be transported to the nominated place and stacked as directed by the railway engineer. However, the fittings required to be reused as directed by Engineer-in-charge shall be kept properly stacked at site. Released CST-9/ST/Wooden sleepers shall be transported and stacked at nominated station yard depot with proper accountal. Payment for transportation of sleepers/ rails from site to nominated Railway’s Depot beyond 200 m shall only be made under relevant Item.

v) This item shall include dismantling of SEJs of loop line, Glued joints, block joints and for which no

additional payment will be made. vi) Payment for dismantling shall be made per TRM measured along the centerline of track. vii) Mode of Payment: Unit of measurement will be Track Running Meter.

SN Fraction of Item rate

On completion of

1 100% After dismantling track and the released materials are lifted from site to respective locations with proper accountal of materials.

20.2 2/NS: Dismantling of points and crossing assembly (1 in 12, 1 in 8.5 and Trap):

i) The item includes dismantling of complete points and crossing including lead rail, checkrails, lock

bar etc. with complete fittings. ii) The portion between stock rail joint to back of crossing till special type sleepers are used for points

and crossing, shall be considered as one set of points & crossings. It shall include lead rails. iii) The released/dismantled switches, crossings, lead rails, check rails; sleepers shall be stacked at

nominated place as directed by Engineer-in-charge. Payment shall be admissible for this work under relevant item for leads beyond 200 M.

iv) Mode of Payment –

The unit of measurement will be one set.

Sr. No

Fraction of Item rate

On completion of

1 100% After dismantling of points and crossing and the released materials are lifted from site to respective locations with proper accountal of materials.

20.3 3/NS: Dismantling of existing Dead End:

Description in BOQ is self explanatory. 20.4 4/NS: Leading away stone ballast:

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(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

Description in BOQ is self explanatory.

20.5 5/NS :Digging of Road surface at Level crossing or at asphalted road :

Description in BOQ is self explanatory. 20.6 6/NS: Dismantling, cutting, transporting: Description in BOQ is self explanatory. 20.7 7/NS: Replacement of existing Damage PRC Sleepers: Description in BOQ is self explanatory. The

damaged removed PRC sleepers shall be shifted and paid under Item No. 32/NS of Schedule C taking due care of safety of track.

20.8 8/NS: Replacement of existing Damage Turnout PRC Sleepers: Description in BOQ is self

explanatory. The damaged removed PRC sleepers shall be shifted and paid under Item No. 33/NS of Schedule C taking due care of safety of track.

20.9 9/NS: Shifting of Released rails:

Description in BOQ is self explanatory. 20.10 10/NS: Slewing of track

i) This item includes slewing the track side way as per approved yard plan and joining with rail and

initial packing to make fit track for 20 KMPH. This item also includes shifting of ballast, re-spacing of sleepers etc.

ii) Deep screening, cutting of rails, drilling holes shall be paid under relevant items.

iii) Mode of payment: Track Running Metre shall be the unit for measurement. Rate is inclusive of all activities. Railway’s Engineer at site shall certify the fitness of track for speed as indicated above. Points and crossing shall be treated as track by considering 1.5 times of the turnout length.

SN Fraction of Item rate

On completion of

1 50% Completion of slewing and making the track fit for 20 KMPH. 2 50% After relaxing speed to normal.

20.11 11/NS: Removing Good quality Ballast:

Description in BOQ is self explanatory. 20.12 12/NS: Putting already removed Ballast:

Description in BOQ is self explanatory. 20.13 13/NS : Removing PRC sleepers from Running Railway line:-

Page No. 82 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

Description in BOQ is self explanatory.

20.14 14/NS – Unloading of rails/ rail panels:

a. Before unloading of Rail Panels, all obstructions like Rails, Sleepers, Boulders etc. on Cess should be cleared where unloading of Rail Panels is planned so that Rail Panels do not entangle and obstruct Running track. If there is any infringement due to the rail panels, the same shall be cleared immediately for normal working of trains.

b. Gas Cutter, Sufficient number of Crow Bars, Cold set Chisels, Sledge Hammers shall be arranged at Contractor's own cost. Proper lighting arrangement shall have to be done by way of petromax, portable generator set etc and payment shall be made under 55/NS of Schedule C.

c. Payments will be made as per standard weight of the Rail for new Rails. If SH Rail panel are unloaded, payment will be made by reducing 5% wear of Rail in Sectional Weight.

20.15 15/NS: Unloading of P.Way materials, fittings from truck etc.

Description in BOQ is self explanatory.

20.16 16/NS: Picking up of stone ballast from stacks, leading & spreading the same:

i) Generally the required quantity of ballast will be made available in each Km and TP wise along the track. However, in certain locations if it is not possible to supply the ballast along the track for want of sufficient Railway land and/or approach road/ obstruction etc. extra ballast for the same is stacked at available location in station yards and mid sections/depot. The rate for putting ballast into track is inclusive of all lifts and leads up to 100 M including crossing of tracks if any. Lead beyond 100 M shall be paid under relevant NS item. The lead chart shall be prepared by the technical representative of contractor and signed by both Railway’s supervisor and contractor. The lead shall be measured along the track only.

ii) Ballast from stacks shall be lifted only after it is handed over to contractor in writing by Engineer in charge/ his authorized representative specifically by issuing Hand Receipts and one copy of the same shall be submitted in the office of the AXEN/XEN(C).The quantity of ballast stacks shown in the Telly book/MB shall be final and binding on the contractor.

iii) In case of extra rate for leading of ballast beyond 100 m ,only one sub item shall be

payable i.e. for leading of ballast beyond 100 m but up to 500 m, sub item (b) shall be payable and for lead beyond 500 m but up to 1000 m, sub item (c) shall be payable

iv) The contractor shall ensure that no overspreading of ballast is made. The ballast is to be spread

uniformly all over the track as per profile as per IRPWM and other guidelines and as directed by Engineer in-charge or his representative. If any excess ballast is found he shall remove the excess ballast immediately and spread at locations having deficient ballast.

v) The contractor will take all safety precautions while dumping ballast into running track.

vi) Mode of payment:

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______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

SN Fraction of Item rate

On completion of

1 30% After making the bed for track linking work.

2 30% After linking of track and filling of crib portion.

3 25% After third round of tamping and completing the ballast profile as per IRPWM/LWR manual.

4 15% After complete vacation of ballast plots as certified by AXEN/XEN and recorded in MB.

20.17 17/NS: Rolling of Ballast Bed carpet:

i) This item is for the rolling of the ballast bed by means of 2 to 8 Tonne self propelled roller with contractor’s own labourers, tools and plants, rollers, consumable etc. The bed shall have a width and depth as directed by the Engineer at site to suit BG track profile. Whatever, ballast is required to be spread shall be spread and the payment of spreading of ballast shall be paid under relevant NS item. The rolling shall commence from edge towards the center. The minimum three to four rounds of rolling shall be considered necessary for proper rolling. Scattered ballast shall be put back to the bed for which no extra payment shall be made.

The entire work shall be done up to full satisfaction of Engineer in charge.

ii) Mode of Measurement/Payment: The payment shall be made on Prorata basis i.e. actual work done at site and measurement shall

be in running metre of track. The rate is inclusive of all lead, lift, tools and plants, rollers, labourers, consumables etc. complete in all respect. Nothing extra shall be paid.

20.18 18/NS – Laying and Linking of Straight / Curved BG track:

20.19.1 The above item of work envisages laying & inserting rails of section as specified in the schedule and fixing rail and rail sleeper fastenings and fittings.

20.19.2 The work shall be carried out as per the Railway’s standard drawings, provisions contained in the Indian Railway’s Permanent Way manual, and as per the extent instructions.

20.19.3 The work involves: a. Pairing, Laying and fixing predrilled and precut rails, laying sleepers as per railway’s

drawing and/or as per extent instructions.

b. Rail/Rail Panels of equal length shall be used in pairs for laying and fixing.

c. Rail joints shall be square to alignment. On the curved alignment, cutting of inner rail shall be done at suitable intervals when lead of inner rail is equal to half pitch (Cuts to be paid separately)

Page No. 84 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

d. Fixing fish plates and fish bolts, and other rail and rail sleepers fastenings such as clamps as per Railway’s Drawing and/or as per extent instructions. The fish bolts shall be applied one coat of black oil as prescribed.

e. Hammering of fish bolts is prohibited. The fish bolts shall not be over tightened and shall be tightened with standard spanner/torque spanner. The inner two fish bolts should be tightened first.

f. Putting GRS pad under rail seat and fixing liners and ERCs to ensure proper holding and

gauge.

g. Only one meter long fish plate will be used where rail joint is not to be welded. In exceptional case, that too with the prior approval of Engineer in charge, use of 686mm long fish plate may be permitted.

h. It shall be ensured that the handling of rails is as per extent instructions and shall not infringe the Railway’s Schedule of Dimensions.

i. Use of kinky rails should be avoided. All kinks in rails will have to be removed before laying. No extra payment will be given for the same.

j. Marking on rails with punch or chisel is prohibited.

k. The driving of the fittings shall be done with a standard manual / mechanical means.

l. The above keying/clamping operation shall be completed on the base rail first which shall be first aligned and fixed in position before the other rail is fixed to the gauge as stipulated.

20.19.4 The gauge shall be maintained as per Para 403 of the Indian Railways Permanent Way Manual or as per extent instructions. Minor lifting up to 25mm and packing and leveling the track as required should be carried out.

20.19.5 On the bridges with ballasted deck and on the approaches of both ballasted deck and girder bridges, special type of PRC sleepers shall be provided as stipulated in the IRPWM.

20.19.6 On level crossings, special PSC sleepers shall be provided.

20.19.7 Re-grading of surface in approaches within the rail posts. The contractor shall arrange for minor re-grading on approaches of LCs by earthwork, so that road traffic can pass without hardship.

20.19.8 Cutting of rails, drilling holes, fabricating & fixing guardrails, check rail shall be paid separately under relevant NS items of this tender schedule.

20.19.9 Handling and pairing of rails/ panels 52 Kg/60 Kg, to ensure squaring of joints if required. For pairing purpose the free rails/ up to 20 rail panels shall be carted by rail dolly/material lorry up to maximum 1 KM distance if required. Pairing shall be done in such a way that as far as possible, no cutting of rails is involved and SEJs etc. come exactly opposite to each other. For

Page No. 85 WESTERN RAILWAY

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

pairing, required carting/pulling back of rail panels shall be made by the contractor so as avoid cutting of rails for squaring purpose. The rate is inclusive of all pulling back of rails/ rail panels.

20.19.10 The rails (New/SH) in free/ up to 20 rails panel shall be lying along the track either on cess or

on ground. The rate of linking includes lifting the rail/ panels form the cess or ground, crossing any no. of tracks, carting from cess of existing running line etc. within a lead of 1 KM with all pulling back complete. The lead will be measured along the centre line of track irrespective of actual lead involved.

20.19.11 All fittings shall be issued to the Contractor from Railway's depots at any stations

between Mumbai Central – Borivali section. The lead for transportation of fittings up the site of work shall be paid separately under relevant item.

20.19.12 For linking of track, proper formation level (as per approved L section) shall have to be

maintained. As per site requirement, earth work with all leads in cutting or filling, shall have to be carried out by the contractor. The payment for the same shall be made under respective SOR items.

20.19.13 PRC sleepers/Rails shall be made available in stacks or lying spread along the alignment and the rate shall include leading of sleepers/ Rails from stacks to the position to be laid for a distance of 1 KM, measured along the track. If this distance exceeds 1 KM, extra payment for leading the sleepers/rails shall be payable based on the leads measured along the centre line of track irrespective of actual lead involved.

20.19.14 Sleepers shall be laid on the duly rolled ballast bed in such a way that ballast bed is not disturbed. The sleepers shall be handled by mechanical means and shall not be dragged. Manual handling and spreading of Sleeper in station yards and at such locations where road accessibility for crane is not possible can be permitted depending upon site conditions.

20.19.15 Additional ballast from the stacks shall also be spread over the prepared bed as per requirement.

20.19.16 Contractor shall take all safety precautions while working with cranes to avoid accidents to trains running in adjoining tracks. The work will be done in the presence of Railway Supervisor.

20.19.17 The rate includes greasing of ERC using approved quality grease, inside of inserts, fixing & tightening of all fittings, rail and sleeper fastenings as directed and aligning, levelling as per the track parameters specified in IRWPM including dressing/ boxing of ballast after packing with contractor’s own materials and labours.

20.19.18 The rate also includes oiling & greasing of fishplates & fish bolts with contractors own grease and oil.

20.19.19 The item includes linking of track using special type of PRC Sleepers on the bridges with ballasted deck and on the approaches of ballasted deck & girder bridges, LCs and SEJs. These shall have to be provided as per instruction of Engineer in charge.

20.19.20 The insertion of Insulated Glued Joints shall be planned in consultation with Engineer in charge in such a way that there is minimum wastage of rails. The cut pieces of rails shall be deposited with respective Railway supervisor.

Page No. 86 WESTERN RAILWAY

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______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

20.19.21 The linking of BG track shall normally be done without block. However, if linking of BG track is

required to be done under traffic blocks as directed by Engineer-in-charge, no extra payment for track linking shall be payable.

20.19.22 The contractor shall arrange for fixing of wooden distance blocks manufactured from Railway’s released wooden sleepers on platform lines. No extra payment for the same will be made.

20.19.23 The track fittings shall be issued from the nominated depot only once a week and accordingly, contractor shall draw adequate material required for one week linking work. They shall keep necessary arrangement for safe custody of fitting. Only authorized representative of the contractor shall be issued with the materials.

20.19.24 Due care to be taken by the contractor to avoid the damages to the existing side/central drains during the linking of track as well as during transportation, loading and unloading of materials etc. In case of any damages, repairs to be done by the contractor at his own cost.

20.19.25 Mode of payment : The measurement for payment shall be per running metre of track to the nearest centimetre and accepted by the Engineer – In – Charge or his representative.

SN Fraction of Item rate

On completion of

1 50% BG track linking to required sleeper density with complete fittings to alignment & level suitable for initial speed of 20 KMPH, 50 % of accepted rate shall be paid. At this stage, all dips & humps in newly laid BG track shall be attended by jacking the track & manual packing as per the instructions of engineer in charge or his authorized representative.

2 15% Further 15% payment shall be made after putting sufficient ballast into the track, making track fit for 50 KMPH.

3 20% Further 20% payment shall be made after putting requisite quantities of ballast into the track. The ballast shall be filled in shoulders and cribs of track profile for tamping. At this stage track shall have to be fit to a speed of 100 Kmph or sectional speed whichever more is.

4 10% Further, 10% payment shall be made when entire track is attended for any type of deficiency pointed out and also work is completed in all respect before CRS inspection and complete accountal of P.WAY material at the locations at nominated station yard or as directed by engineer in charge.

5 5% Balance 5% payment shall be released on final bill.

20.19 19/NS: Laying and linking of straight/curved B.G. track for washing apron, deck slab of bridges: Description in BOQ is self explanatory.

Page No. 87 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

20.20 20/NS: Removing of service rails from track consisting of any type of sleeper density and stacking at loading point:

Description in BOQ is self explanatory.

20.21 21/NS: Pairing of 3/5/10/20 rail panels unloaded in block section:

Description in BOQ is self explanatory.

20.22 22/NS: Laying and fixing 60 kg/52 kg 10/20 rail length panels as per instructions of Engineer at site or his representative.

(i) Rail/Rail Panels of equal length shall be used in pairs for laying and fixing.

(ii) Rail joints shall be square to alignment. On the curved alignment, cutting of inner rail shall be done at suitable intervals when lead of inner rail is equal to half pitch (Cuts to be paid separately)

(iii) Fixing fish plates and fish bolts, and other rail and rail sleepers fastenings such as clamps as

per Railway’s Drawing and/or as per extent instructions. The fish bolts shall be applied one coat of black oil as prescribed.

(iv) Hammering of fish bolts is prohibited. The fish bolts shall not be over tightened and shall be

tightened with standard spanner/torque spanner. The inner two fish bolts should be tightened first.

(v) Putting GRS pad under rail seat and fixing liners and ERCs to ensure proper holding and

gauge.

(vii) Only one meter long fish plate will be used where rail joint is not to be welded. In exceptional case, that too with the prior approval of Engineer in charge, use of 686mm long fish plate may be permitted.

(viii) It shall be ensured that the handling of rails is as per extent instructions and shall not

infringe the Railway’s Schedule of Dimensions.

(ix) Use of kinky rails should be avoided. All kinks in rails will have to be removed before laying. No extra payment will be given for the same.

(x) Marking on rails with punch or chisel is prohibited.

(xi) The driving of the fittings shall be done with a standard manual / mechanical means.

(xiii) The above keying/clamping operation shall be completed on the base rail first which shall be

first aligned and fixed in position before the other rail is fixed to the gauge as stipulated. (xiv) The gauge shall be maintained as per Para 403/224 of the Indian Railways Permanent Way

Manual or as per extent instructions. Minor lifting up to 25mm and packing and leveling the track as required should be carried out.

Page No. 88 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

(xv) Cutting of rails, drilling of holes, shall be paid separately under relevant NS items of this tender schedule.

(xvi) Handling and pairing of rails/ panels 52 Kg/60 Kg, to ensure squaring of joints if required. For pairing purpose the free rails/ up to 20 rail panels shall be carted by rail dolly/material lorry up to maximum 1 KM distance if required. Pairing shall be done in such a way that as far as possible, no cutting of rails is involved and SEJs etc. come exactly opposite to each other. For pairing, required carting/pulling back of rail panels shall be made by the contractor so as avoid cutting of rails for squaring purpose. The rate is inclusive of all pulling back of rails/ rail panels.

(xvii) The rails (New/SH) in free/ up to 20 rails panel shall be lying along the track either on cess or on ground. The rate of linking includes lifting the rail/ panels form the cess or ground, crossing any no. of tracks, carting from cess of existing running line etc. within a lead of 1 KM with all pulling back complete. The lead will be measured along the Centerline of track irrespective of actual lead involved.

(xviii) The rate includes greasing of ERC using approved quality grease, inside of inserts, fixing & tightening of all fittings, rail and sleeper fastenings as directed and aligning, leveling as per the track parameters specified in IRWPM including dressing/ boxing of ballast after packing with contractor’s own materials and labours.

(xix) The rate also includes oiling & greasing of fishplates & fish bolts with contractors own grease and oil.

(xx) The insertion of Insulated Glued Joints shall be planned in consultation with Engineer in charge in such a way that there is minimum wastage of rails. The cut pieces of rails shall be deposited with respective Railway supervisor.

(xxi) The TRR shall normally be done without block. However, if linking of BG track is required to be done under traffic blocks as directed by Engineer-in-charge, no extra payment for track linking shall be payable.

(xxii) The contractor shall arrange for fixing of wooden distance blocks manufactured from Railway’s released wooden sleepers on platform lines. No extra payment for the same will be made.

(xxiii) Due care to be taken by the contractor to avoid the damages to the existing side/central drains during the linking of track as well as during transportation, loading and unloading of materials etc. In case of any damages, repairs to be done by the contractor at his own cost.

(xxiv) Mode of payment :

a. The measurement for payment shall be per running metre of track to the nearest centimeter and accepted by the Engineer – In – Charge or his representative.

SN Fraction of

Item rate On completion of

1 95% BG track linking to required sleeper density with complete fittings to alignment & level suitable for speed of 100 kmph or sectional speed whichever is more, as per the instructions of engineer in charge or his authorized representative.

2 5% Balance 5% payment shall be released on final bill.

20.23 23/NS : Assembly and linking Of 52/60 Kg Points & Crossing (BG).

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

i) These items are for linking & laying of 52/ 60 kg 1 in 12,1 in 8.5 and Trap point & X-ing on PRC sleepers as per Railway’s approved drawings.

ii) The rails & sleepers required for turnouts, switches and Crossings shall be made available in the

respective station yards and the fittings shall have to be collected by the Contractor from the Railway’s depot. Payment for the transportation of fittings shall be made under relevant NS item.

iii) The turnouts linked on cess shall be put into the required position during traffic block or even can

be linked at exact location as directed by engineer at site as the case may be.

iv) For any of the missing sleepers Switches/ Traps/ Xing for P&C, which are not available in respective yards, the contractor shall make his own arrangements for transportation of the same from locations as directed by Engineer in charge for which payment will be made under relevant NS item.

v) The rate includes lubrication of joints and oiling of fish bolts & fishplates with contractor’s own

materials, T&P and labours etc. vi) The exact location for different P&Cs, Traps etc. shall be marked by the contractor as per

approved yard plans, copies of which can be seen in the office of Engineer in charge during office hours. However, before start of work at site, the contractor shall get the location approved by Engineer in charge.

vii) Rate includes Jim-crewing, drilling holes and fixing stretcher bars etc. required for making the

point assembly fit for S&T work. The proper fixing of insulated Gauge Tie plates and insulated stretcher bars is the responsibility of the contractor. The insulated gauge tie plates & stretcher bars shall be arranged by Railways, the contractor shall make necessary arrangements for fixing of the same. Depending on site requirements, the contractor shall arrange for re-machining/drilling of holes in plates, heating of bars etc during fixing of stretcher bars and Gauge tie plates for which no extra payments will be made and also for any other machining work.

viii) The contractor has to cut the rails, suitable for lead rails and necessary holes will be drilled.

Cutting and drilling of holes is inclusive in the rates and will not be paid separately. Only machine joint i.e. gapless joint with 1 meter long fish plate shall be provided behind CMS crossing and switch rails by ensuring adequate pitch and hole dia for drilling of hole in running rail. All other joints in points and crossing will be welded.

ix) Linking of Point & crossing shall be within permissible tolerances as per IRPWM and other

guidelines. x) Switches of interlocked points shall be assembled in advance either in-situ or on cess as per

availability of space and the program given by Engineer in charge matching with the program of S&T department for installing motor, etc.

xi) Mode of payment: -

SN Fraction of Item

rate On completion of

1 25% The Point & X-ings are laid in final position and connected on either end. 2 60% When all the insulated stretchers bars and Gauge Tie Plates have been

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______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

SN Fraction of Item

rate On completion of

properly fixed and adjustment of throw & setting of switch is done properly to the satisfaction of Engineer in charge and/ or S&T Engineer in charge. Complete ballasting for tamping by machine and its recoupment and boxing etc after each round of tamping shall be done and track parameters of P&C shall be brought within prescribed tolerances, all fittings are tightened & complete in all respect and making M/line track fit for speed of 50 KMPH.

3 10% After complying deficiencies pointed out in CRS inspection. 4 5% Balance 5% payment shall be released on final bill and on complete

accountal of P. way materials.

20.24 25/NS : Laying of 52/60 Kg Points & Crossing (BG) under traffic block. i) The item includes linking of P&Cs in running lines, when the contractor shall link the points &

crossings complete outside the track and get the same approved by the site Engineer. The same shall be inserted in the track during traffic block. The rate also includes greasing of ERC ends & inserts with contractors grease & materials.

ii) Railway may deploy P&C laying machine (T-28) along with operator to pick up the assembled

points and insert the same during traffic block. The contractor shall provide HSD and Hydraulic Oil (only to top up) and requisite man power for pre-block, during block and post block working. The required wooden block manufactured from railway’s released wooden sleepers shall also be provided by the contractor. In case of laying of point and crossing by T-28 machine, same rate ,as indicated in the schedule will be applicable.

iii) Mode of payment: -

SN Fraction of

Item rate On completion of

1 85% of NS/4(a)

When the assembling and linking of the Point & X-ings is completed on cess.

2 15% of NS/4(a) and

85% of NS/4(b)

When the point and x-ing is laid in final position and connected at both the ends under traffic block and all the insulated stretchers bars and Gauge Tie Plates have been properly fixed and adjustment of throw & setting of switch is done properly to the satisfaction of Engineer in charge and/ or S&T Engineer in charge. Complete ballasting for tamping by machine and its recoupment and boxing etc after each round of tamping shall be done and track parameters of P&C shall be brought within prescribed tolerances, all fittings are tightened & complete in all respect and making M/line track fit for speed of 50 KMPH.

3 10% After complying deficiencies pointed out in CRS inspection.

4 5% Balance 5% payment shall be released on final bill and on complete accountal of P. way materials.

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______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

20.25 26/NS :Insertion of Glued Joints

i. The rails shall be cut of equal length of 52 Kg/60 Kg glued joint by hacksaw/disc cutter from

running track in the traffic block.

ii. Removal of cut rail from track by removing fittings i.e. keys/dog spike/Pandrol clip, liner and drilling of holes as per requirement.

iii. Providing glued joint in track and to be fixed with sleepers by Pandrol clip, liner, fish plate/fish bolt and clamps. Fish plate/fish bolt and clamps will be removed after welding of glued joints. The work will be carried out under supervision of railway official not below the rank of PWI. Speed restriction/block to be arranged by railway.

iv. The rate includes labour, T&P, carting of glued joint, fish plate, fish bolt/clamps from station yard to site and released rail pieces fishplates, fish bolts/clamps to be transported from site to station yard and stacked as per instruction of PWI in charge.

v. The rate does not include cutting of existing rail in track and drilling of holes. Cutting of rails and drilling of holes, if required shall be paid separately under relevant NS item of this schedule.

vi. The tenderer/s while executing the work shall take care that no infringement to the moving dimension on track is caused due to any material.

vii. Mode of Payment/Measurement: The payment shall be made on the basis of actual work done at site. Measurement shall be on the basis of each glued joint provided.

20.26 27/NS: Fabricating & assembling in situ G3 (L) type glued insulated rail joints for broad gauge 60 Kg:

Technical specifications for in-situ fabrication of Glued joints be adopted a mentioned in “Manual for Glued Insulated Rail Joints (Revised 1998)” along with up to date correction slips (C/s No. 1 to 5). The para of “Manual for Glued Insulated Rail Joints (Revised 1998)” which are applicable for workshop fabrication only and cannot practically be ensured at site may be excluded from specifications of “Manual for Glued Insulated Rail Joints (Revised 1998)” to be modified as under:

Special guide lines of Glued joints ( As per CTE’s letter no. W627/276/1 (Glued joints dated 23.05.2013) Technical specifications for in-situ fabrication of Glued joints should be adopted as mentioned in “ Manual for Glued Insulated Rail Joints (Revised 1998)” along with up to date correction slips (C/s No. 1 to 5). The para of “Manual for Glued Insulated Rail Joints (Revised 1998)” which are applicable for workshop fabrication only and cannot practically be ensured at site may be excluded from specifications. Para 3.4.4 & 3.8 of “Manual for Glued Insulated Rail Joints (Revised 1998)” to be modified as under: Para 3.4.4 may be modified as under

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(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

On a lot of each 50 Joints or part thereof one test piece of G/Joint shall be fabricated by agency at site on cess with similar material and quality control measures and with same set of equipments. This test piece will be subjected to pull out test as explained in Para 3.4.1. If strength of test piece is found passed as per Para 3.4.3 then full payment shall be made. In case Joint fails at load less than prescribed then following procedure shall be adopted:- (i) If strength is 99 to 80% of desired then 80% payment of full lot of 50 joints or part thereof

shall be made. (ii) If strength found < 80% then no payment shall be made for complete lot of 50 joints or part

thereof. The test joint shall be treated part of lot and will be paid accordingly to agency, the expenditure of testing including transportation to be borne by Agency.

Para 3.8 may be modified as under Each joint of rejected lot shall be marked with two Nos. “O” marks with yellow paint on both sides of the web of rail, so that SSE/JE maintenance can keep them under observation. In situ fabrication of glued joint from RDSO approved sources shall be done. A minimum block of 2 hrs is to be taken for fabrication of one in-situ glued joint. A detailed record for the traceability of each glued joint must be kept as per the format shown under.

Sr. No.

Date of fabrication

Location as per TMS guide lines

Line UP/ DN/ SL

Block time

Name of

Agency

Name of Supervisor of agency

Name of Rly. Super-visor

Resistance value of

G/Joint in dry

condition (In mega

ohms)

Sign of Rly

supervisor

To monitor the performance of these G/ joints, a detailed inspection shall be carried out once in year to notice any type of malfunctioning which shall include dip at G/ joints, any crack in fish plates, any longitudinal movements of rails relative to fish plates, breaking of or loosening of bolts, condition of insulation and loss of resistance. All the facilities for carrying out stipulated tests on the glued joints should be available at the manufacturing site. 1. Lot size:- 50 joints or pail thereof shall form the lot for the purpose of testing and inspection of the joints. 2. Dimensional check : Every fabricated/assembled joint shall be checked for vertical and lateral alignment with 1 m long straight edge. The tolerances permitted shall be as under: (i) Vertical alignment- Variation at the joint shall be within +1 mm and -0 mm measured at the end of 1 m straight edge placed at the top of rail head. (ii) Lateral alignment- Variation at the joint shall not be more than + 0.5 mm measured at the centre of 1 m straight edge placed along the gauge face. 3. PULL-OUT TEST : Only if the joints are found satisfactory in dimensional check and insulation

Page No. 93 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

resistance test in dry condition, the pull-but test shall be conducted. i) The pull out test shall be conducted by suitably gripping the two rail pieces of the joint and subjecting the joint to axial tension. One method of conducting the test is to hold one end of the glued joint with the help of fishplates as fixed end. The other end of the glued joint is held to a moving frame with the help of a wedge inserted in slots cut in the glued joint through the moving frame brackets. The arrangement is shown in figure.

ii) The other method of conducting the test is to hold the glued joint with the help of fish plates at both ends of the testing frame.

One end of the testing frame remains fixed and the other is moved with the help of two hydraulic jacks operated simultaneously the arrangement is shown in figure 3. Manufacturer can adopt any other method also with prior approval of RDSO. 4. The pull out tested joints shall be dismantled soon after the inspection. Fishplates may be re-used in subsequent fabrications if their condition is satisfactory

SPECIFICATION FOR HTS BOLTS & NUTS.

HTS bolts and nuts shall comply with the following specifications. i) Bolts: Hex bolts shall be as per IS: 1363 conforming to property clause 10.9 of IS; 1367. ii) Nuts: Hex nuts shall be as per IS 1363 conforming to property clause 12 of IS: 1367. 6. SPECIFICATION FOR PUNCHED WASHERS, Steel of Punched Washers shall conform to IS.2062.

20.27 28/NS - Laying and linking of SEJs 52kg/60kg:

1. The above item of the work envisages inserting SEJs with Spl. PSC sleepers with or without traffic block as specified in the schedule at locations as per Rly’s requirement complete with fixing rail sleeper fastenings etc. and all incidental works.

2. The work shall be carried out strictly as per the Railways standard drawings,

instructions laid down in Indian Railway Permanent Way Manual and the instructions of the Engineer in charge whose decisions shall be final and conclusive.

3. In addition to the above the work shall conform to the followings: -

i. Inserting sleepers including fixing rail sleeper fastenings and sleeper angles etc as

directed by Engineer in charge.

ii. The rail sleepers fastenings like pandrol clips rubber pads liners etc. should be fitted as per Railway’s standard drawing and /or as directed by Engineer in charge.

iii. For handling sleepers, standard equipment should only be used and it must be

ensured that no damage is caused to the sleeper. If any damage occurs, recoveries will be made from the contractor’s bill and the Engineer’s decisions in this regard shall be final and conclusive.

Page No. 94 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

4. The rates include lubrication of joints and oiling of fish bolts and fish plates etc. 5. The exact location for different SEJ shall be marked by the contractor as per approved

yard plans, copies of which can be seen in the office of engineer in charge during office hours. However, before start of works at site, the contract shall get the location approved by engineer in charge.

6. Rate includes dismantling of tracks, labours, tools and plants, cutting of rails, drilling of

holes etc. required for linking and laying the SEJ.

7. Mode of payment/measurement: The unit of measurement will be per set. The rate includes leading of SEJ Sleepers from unloaded site / Railway’s depot to the site of insertion & leading of released sleepers from site to Railway’s depot or to any other location within yard. The payment for lead beyond 500m in block section for the transportation of rails/SEJ/Sleepers shall be made under relevant NS item. No extra payment will be made for transportation of rails/SEJ/Sleepers within the same yard.

20.28 29/NS: Unloading of stone ballast in Railway’s hopper/wagons: i) These items are for loading/ unloading of ballast into/ from Railway’s hoppers/wagons with

contractor’s own labours, tools and plants. The ballast, supply of which is in progress under separate tender, shall be loaded/ unloaded into/from wagons/hoppers. The wagons shall be placed anywhere in the section or at station yard on running/ non running lines, under traffic block/ no block and the contractor shall load the ballast into the entire rake within minimum possible time and then the same shall be taken to the section and ballast shall be unloaded where in view of the Engineer in charge, the ballast is deficient. The contractor with his own labour shall evenly spread the ballast and shall make the profile as per IRPWM and as directed by Engineer in charge. The contractor shall keep sufficient labourers. This labour shall remain engage with the rakes till the entire activity is completed.

ii) Mode of payment/measurement:

a) For Item no. 30/NS i.e. unloading of ballast, payment will be made as per the cubic content

of ballast unloaded as follows: (i) 75% after putting Ballast in track and removal of jam in track. (ii) 25% after dressing and boxing of Ballast in track.

20.29 30/NS: Boxing & dressing of ballast which has been unloaded from hoppers.:

1. Sufficient labour to be deployed by the contractor with Photo identity card duly signed by the contractor/his authorized representative and Counter signed by Railway Engineer and its validity will be for one month. The same to be renewed monthly fill the work completed.

2. Contractor to engage Experienced P-Way supervisors preferably retired Rly. P-Way supervisor/PWI for the successful execution of work.

3. Work to be started and closed every day by handing over and taken over token from Rly. Supervisor deputed at site of work for safety reason.

Page No. 95 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

4. Contractor shall ensure that no unsafe working and infringement of Tools & plants effects train working and will be liable for penalty.

5. Look out man with whistle to be provided by contractor at site of work for safety reason. 6. Working hand tools are specified as under: a) 8 prong rake ballast b) Beater c) 4 prong rake ballast d) Steel pan (Ghamela) e) Phawrah f) Shovel g) Whistle h) Nylon Chord i) First Aid Box.

7. While carrying out the work, Contractor shall ensure that no commercial waste like plastic bottle, glasses, paper glasses, plates, fruit juice boxes, etc. is there on.

8. Cess should be cleared from vegetation. 9. CPWI In-charge to ensure that unloading/spreading of Ballast to be done before execution of the

work and location to be identified accordingly. 10. CPWI In-charge to identify locations of frequent trespassing in advance, like platform area,

L.C.Gates etc. and dated photo to be taken before and after carrying out the work. 11. The work shall be carried out in block period as well as without block as per instruction of site

Engineer in-charge at site. Hence contractor shall take care of injury/accident to the labour etc. The contractor shall be fully responsible for the same and Railway shall not bear any cost. Also track safety to be borne by the contractor and at all times. The track shall be fit as per standards.

12. The work shall be carried out as per IRPWM. 13. All safety precautions as per schedule of dimensions to be maintained.

20.30 31/NS : Shifting of ordinary concrete sleepers from site and stacking: Description in BOQ

is self explanatory.

20.31 32/NS : Shifting/loading new/released PRC P&C turnout sleepers 1 in 12 and 1 in 8 1/2 across / along the track: Description in BOQ is self explanatory.

20.32 33/NS: Drilling & Chamfering of 32mm/ 28mm/ 26.5/ 22mm Dia. holes in rails:

i) The scope of work under this item includes drilling of holes by Rail Drilling Machine of 32mm/ 28mm/ 26.5/ 22mm Dia. or as directed by Engineer at site in all section of rails and gauge plate if required with contractor’s own tools, plants, equipments, labour, etc. The drilling shall be done correctly as per template for standard fish plated joints for corresponding rail sections.

ii) After drilling the hole, the same shall be chamfered with chamfering tools to remove burrs and for

hardening the hole on both sides of the rail web as per IRPWM. Punch or reaming/ drifting shall not be permitted. Chamfering of bolt holes shall be done under this item with contractor’s own chamfering drills, tools & kits for which no extra payment will be made.

iii) Any hole made at incorrect distance will not be paid for. Such rails shall be cut and holes drilled

again. No extra payment will be made for the same.

Page No. 96 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

iv) The contractor shall maintain a complete record for the total number of holes in a register, which shall be got signed from Railway’s supervisor at site.

v) Mode of Payment/Measurement:

a) Measurement shall be in numbers i.e. actual work done at site.

b) In case, chamfering is not done up to the satisfaction of the engineer at site, the

payment shall be made at 80% of the accepted rate of this item.

20.33 34/NS: Fabricating, notching, bending, drilling, fixing and jointing 90R/52kg/60kg guard rails. : Description in BOQ is self explanatory.

20.34 35/NS : Fabricating Machined Check Rails & fixing on LCs:

i) The work of fabricating check rails by machining shall be carried out strictly as per the Railway’s standard drawings, instructions laid down in Indian Railway Permanent Way Manual. The fabrication of check rail shall have to be done by machining and use of gas/flame cut will not be permitted.

ii) The work shall be carried out only under the Supervision of the Engineer – In – Charge or his

representative. iii) The rails will be supplied to the contractor at the Railway’s depot. The contractor shall

transport the rails by his own means to his workshop and the fabricated check rails shall be transported to the site by contractor’s own transport and nothing extra shall be paid.

iv) The surplus material shall be returned in the depot in good condition and no transportation charges either transporting it to site or returning back shall be payable.

v) Fittings will be supplied by Railways free of cost. The rail section to be used for fabricating

check rail shall be of 60 kg/52 KG as decided by engineer in charge and fixing of the same shall be on special PSC level crossing sleepers with all fittings complete in all respect.

vi) Rate includes preparing, drilling in check rail, fixing, oiling & greasing of nut and bolts including all labour, taxes etc.

vii) In level crossings, the contractor shall also fix up wooden sleepers between checkrails along

the track and perpendicular to the track as directed by Engineer in charge for passing of road traffic while working on level crossing. Wooden sleepers/blocks shall be made available to him at the depot. The contractor shall also provide at least two coats of anti corrosive treatment to check and running rails at LCs with his own paints.

viii) Mode of payment: The unit for measurement is per RM of check Rail. Payment shall be made as per actual work

done at site, nothing extra shall be paid other than the rates accepted.

Page No. 97 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

i) The scope of work under this item includes cutting of rails to the required length and bending of flare portion (for guard rails, 1 left and 1 right for each bridge), cutting notches in foot of guard rails for fixing to sleepers including vertical bend as required. The guardrails shall extend beyond the length of Girder Bridge from abutment face and flaring shall start at a specified distance from face of abutment. The whole work of guard rail shall be as per specifications given in the IRPWM.

ii) Rails and fittings will be supplied by Railways free of cost. The rail section to be used for fabricating guard rail shall be of 60 kg/52 KG as decided by engineer in charge and fixing of the same can be on bridge timbers or special PSC guard rail sleepers with all fittings complete in all respect.

iii) Rate includes preparing, drilling in running rail & guard rail and fixing, oiling and greasing of fitting including all labour, taxes etc. For transporting of guardrails to bridge site, payment is admissible under relevant NS items.

iv) Mode of Payment/Measurement: a) The unit of measurement is Track Running Metre. The length of guard rail will be considered

from one tapering end to the other tapering end including embedded portion of guardrail, measuring on head of rail, for the purpose of payment.

b) 100% of payment shall be made after complete fixing of Guard Rails along with all fittings,

fixing of wooden blocks and filling ballast at flared end.

Page No. 98 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

20.35 36/NS : Preparation & fixing of Check Rail work includes cutting of one side flange of

supplied rails by gas cut.:

Description in BOQ is self explanatory. 20.36 37/NS : Lifting of PRC track straight/curved of 60kg/52kg rails, including points &

Crossing : Description in BOQ is self explanatory.

20.37 38/NS : De stressing of Track:

i) This item is for the de-stressing of track newly laid section having LWR/ CWR panels

of 52/60 Kg. as per IRPWM (2nd Reprint, 2004), Track Manual Vol. (1) 1980, Track Manual Vol. II (1989) and LWR manual with all correction slips issued from time to time shall be adhered to.

i) Sufficient no. of labours shall have to be arranged to complete the de-stressing of

panels up to 2000 RM of track in a stretch.

ii) The contractor shall ensure that there is zero missing fittings in the entire section.

iii) The elastic rail clips and other fittings of sleepers shall be cleaned, oiled and greased with contractor’s oil and grease of approved quality and specification prior to de-stressing.

iv) Opening of LCs has to be done before de-stressing of LWR panels taken in hand. Removing impediments for free movements of rails such as anchors, guard rails, check rail etc. and restoring the same after de-stressing operation in original condition.

v) After adjustment of gaps of SEJs to mean position, the closure rails of suitable

lengths (not less than 6.5M) be properly inserted. Proper gaps shall be maintained for welding of the joints.

vi) The contractor shall have to arrange his own rail cutting machines (minimum 3 Nos.)

and sufficient incidental machinery at site. However if work is done under block, abrasive rail disc cutter will be used. Until and unless the machines are brought at site, traffic block shall not be taken.

vii) In case de-stressing is done under full traffic block, gas cutter must be available at site of work. Rates are inclusive of the same and nothing extra will be payable.

viii) Complete diagrams have been given in LWR manual and the same may be referred to.

ix) It may be noted that work can be done on running as well as non running lines.

Rates are inclusive of all and nothing extra will be payable to the contractor. x) Mode Of Payment:

Page No. 99 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

Payment shall be on the basis of RM of the track for de-stressing. Rate shall include the cost of labour, cutting of rails, providing rollers, creation of gap for welding, T & P, oils & greasing etc. Nothing extra shall be payable other than the rates quoted.

i. 80% payment shall be made after de-stressing of track. ii. 20% payment shall be made after creation of gap for welding & completion of

welding work. Creation of gap for welding, re-fixing of fastenings are in the scope of work.

20.38 39/NS: Removing fastening, applying necessary tension in the rails :

Description in BOQ is self explanatory. 20.39 40/NS : Releasing and extracting jammed pandrol clip : Description in BOQ is self explanatory. 20.40 41/NS : Cutting of rail 60 kg/52kg during block by partner : Description in BOQ is self explanatory.

20.41 42/NS : Gas cutting of rails of any section : Description in BOQ is self explanatory.

20.42 43/NS : Cutting the rail post up to 2.0 meter long and fixing them as rail muttam: Description in BOQ is self explanatory.

20.43 44/NS : Painting and marking of stations on curves etc: Description in BOQ is self

explanatory. 20.44 45/NS : Providing SIGNAGE BOARDS of 2mm thick aluminum sheets :

Description in BOQ is self explanatory. Work shall be carried out as per the approved drawing from Engineer-in-charge.

20.45 46/NS : Leading and fixing of Temporary Engineer indicators : Description in BOQ is self explanatory.

.

20.46 47/NS : Removing the Engineer indicators : Description in BOQ is self explanatory.

20.47 48/NS : Providing Retro reflective Luminous Strips on boards.

Description in BOQ is self explanatory.

i) Providing and fixing 25 mm width, Reflective Luminous Strips on various fixed/ existing indicators.

ii) The rate includes contractor’s own materials 25 mm Reflective Luminous Strips of approved

brand and quality, labours, tools and plants etc.

Page No. 100 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

iii) The colour of luminous strips shall be provided Yellow/White/Red as per requirement. The contractor shall get the sample prepared at his own cost and shall get the same approved by Engineer in –charge.

iv) Mode of Payment/Measurement:

a) The unit of measurement is numbers and shall be paid for each board. Being job work, work has to be competed in all respect.

b) This item has to be done before CRS inspection and if not done before CRS

inspection, payment at 65 % of the accepted rate shall be made.

20.48 49/NS : Painting of rails including surface preparation of rails:

1. The above item of the work envisages painting the specified surface by using anti corrosive paint of the rail section as specified in the schedule at locations as per railway’s requirements and /or as directed by the Engineer or his representative complete with all leads , lift & descent and all incidental works.

2. The nominated locations for the purpose of this work shall have been inspected by the contractor before submitting the Tender and the accepted rate is deemed to the inclusive of all incidental works.

3. Without in any way restricting or modifying the provisions of the general Conditions of Contract in this regard, the rate for the above quoted work shall be inclusive of all costs of contractor’s labour, materials like paint etc as specified in the schedule , consumables , Tools & plants and machinery etc.

4. The measurement‘s for payment shall be made for the area of surface painted, measured to the nearest 0.01Sqm, and accepted by the Engineer or his Representative.

5. The work shall be carried out strictly as per the Railway’s standard drawings, instructions laid down in Indian Railway’s permanent way Manual corrected up to date with all correction slips if any and the instruction of the Engineer or his Representative whose decision in this regard shall be final and conclusive.

6. Before applying primer coats and other coats of paint, contractor shall inform the Engineer–in- charge of work.

7. The paint used for the primer and subsequent coats to be supplied by the Contractor shall confirm to the relevant I.S Specification.

8. The tenderer/s will have to work in the yards and near railway tracks and therefore he/they will take proper care of their staff.

9. The rails and surface of bridges should be thoroughly cleaned before applying primer coat.

10. Thickness of the each coat should be measured in presence of Engineer in charge by Elcometer before applying the second coat.

11. Required paint should be used as per IS specification or of reputed manufacturer like Berger, Shalimar, Nerolac, Asian etc as approved by Engineer-in-charge.

12. The work is required to be done either during the block or as instructed by engineer-in-charge.

Page No. 101 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

13. The General Conditions of contract and revised work hand book part II all corrected up to date will be applicable.

14. The paint is to be procured by the contractor from the approved manufacturer as mentioned at his own coast inclusive of all taxes, octroi etc. Necessary proof of purchases has to be made to Engineer in charge.

15. No Tools plants and scaffolding materials will be supplied by Railway. Contractor will have to make his own arrangement for tools and plants, brushes, scrappers etc., and their transportation from site to site.

16. Before applying first coat and other coat of paint, contractor will inform the Engineer in charges of work.

17. If the work is to be done on the section where there is heavy density of traffic, trespassing, and night soil nuisance etc, the contractor will not claim extra labour involved for the work.

18. Railway will provide only one flagman during normal working hours for warning the workers of approaching trains, but Railway will not accept any responsibility in case of any accident on this account. The contractor will indemnify the Railway for any payment involved due to this.

19. The painting shall be carried out as per the specifications mentioned in NS item.

20.49 50/NS : Tamping of track with Railway’s Tie Tamping machines and contractor’s consumable items:

i) The scope of work under this item includes tamping of track with Railway’s tie tamping machines with crews for packing, as directed by Engineer-in-charge.

ii) Railway will provide tie-tamping machines free of cost along with operators. The contractor shall arrange for HSD and Hydraulic oil (for top up) for the working of track machines besides arranging adequate numbers of labours. In case, the machines work in the night also, the contractor shall provide one generator with two halogens with each machine.

iii) The contractor shall arrange labours for doing pre-tamping, during tamping and post tamping works as per IRPWM and for working along with the machine for tamping and also for works such as picking up of slacks to raise the speed of the section to 100 KMPH or sectional speed whichever is more.

iv) Tamping of track will be required to be done for BG main line, loop lines, Turn outs, LCs, ballasted deck bridges etc. For temping bridge approaches, guard rail may be required to be removed and re-fixed after tamping. At level crossings, removal of paver block and check rails shall have to be done and opening of surface till sleeper is visible and immediate reclosing after tamping by re-fixing paver blocks, so that road traffic does not get disturbed. Rates are inclusive of these operations and nothing extra will be payable.

v) Pre-Tamping attention : (i) Ballasting where there is shortage of ballast. (ii) Heaping up of ballast in the tamping zone to ensure effective packing. (iii) Tightening of all fittings and fastenings like fish bolts, Pandrol clips. (iv) Squaring and proper spacing/adjustment of sleepers.

Page No. 102 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

(v) Realignment of curves which are badly out of alignment. (vi) Clearing of ballast of sleepers to make them visible for the operation. (vii) All obstructions such as signal rod, cables, pipes, level crossings, guard rail etc likely to be

damaged by the tampers should be clearly marked and made known to the tamping operator before the starts of works.

(viii) Opening of road surfaces at level crossings and removing check rail and removing of guard rails at bridges when tamping required to be done on these places.

vi) Post attention to track :

a) Ballast must be leveled to proper profile. The shoulders & cribs should be rammed for giving better retention to packing.

b) Fish plated joints must be checked & tightened if necessary. c) All fastenings must be checked & tightened/replaced, where ever found loose/broken.

vii) The track will be rolled with Railway engine after each round of packing, subject to availability of BG engine. The track shall be made fit for the speed mentioned below after each round of packing as per satisfaction of engineer in- charge. First round of packing 50 KMPH. Second round of packing 75 KMPH. Third round of packing 100 KMPH or Sectional speed

whichever is more Third round of tamping may not be required in loops.

viii) If even after making three rounds of packing by tie tamping machines, the track standards as per IRPWM are not achieved or track does not become fit for 100 KMPH, then extra rounds of tamping shall have to be done. The contractor shall have to arrange for labours and consumable (HSD and Hydraulic oil) for such additional rounds of tamping under this item.

ix) This item includes tamping with special tie tamping machines (UNIMAT) for points & crossings for BG and for the purpose of payment, one set of points & crossings will be counted as one and half times the length of ordinary track. The length of points & crossings will be measured from stock rail joint to heel of crossings.

x) Tamping of switch expansion joints, trap point, glued joints and level crossings shall be considered as tamping of ordinary track and no extra payment shall be made.

xi) Mode of Measurement/Payment : a) Track Running Metre shall be the unit for measurement. Rate is inclusive of all activities

and nothing extra shall be payable other than the rate accepted. Railway’s Engineer at site shall certify the fitness of track for speed as indicated above after each round of packing.

b) If Manual packing is done as per instructions of engineer in charge, for track, P&C, trap,

LCs, glued joints or SEJs etc. payment shall be made under relevant item.

20.50 51/NS : Supplying and fixing curve board & SEJ boards as per the drawing :

Description in BOQ is self explanatory.

Page No. 103 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

20.51 52/NS : Making & Fixing of distance pieces at platform at specified distance :

Description in BOQ is self explanatory. 20.52 53/NS : Providing Hectometer/Kilometer/Gradient Post and fouling mark etc.

i) This item is for providing and fixing the Hectometer post, Km Post, Gradient Post, fouling marks etc cast in M-25 grade with contractor’s own materials including cement and reinforced steel.

ii) The contractor shall paint the post with an approved type of paint and shall write the distance in Hectometer in the post and the same should conform the KM, there shall be 10 hectometer post in one KM. The letter shall be painted as per drawing and as directed by Engineer in charge. The Hectometer post shall be got erected at cess. The rate for excavation and concreting is inclusive.

Mode of Payment/Measurement:

a) The payment shall be made on prorata basis i.e. actual work done at site. Rate is inclusive of all lead, lift, materials, crossing of tracks, all types of taxes etc complete in all respect. Nothing extra shall be payable other than the rates accepted.

b) This item has to be done before CRS/Railway official’s inspection and if not done before CRS/Railway official’s inspection, payment shall be made at 65% of the accepted rate.

20.53 54/NS : Supplying generator with two halogen of 500W in working condition :

Description in BOQ is self explanatory.

20.54 55/NS : Greasing IS-408-1981 ‘O’ graphite of pendrol clips :

Description in BOQ is self explanatory.

20.55 56/NS : Gauge face greasing of running rails (Both LH & RH) :

Description in BOQ is self explanatory.

20.56 57/NS : Making necessary preparation for T-28 machine :

Description in BOQ is self explanatory.

20.57 58/NS : Removing and taking off all muck/ surplus excavated earth/ debris :

Description in BOQ is self explanatory.

20.58 59/NS : Removal of released muck from deep-screening by filling :

Description in BOQ is self explanatory.

20.59 60/NS : Picking up of Railways rails, including Switches, crossings etc. :

Description in BOQ is self explanatory.

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20.60 61/NS : Picking up of released Concrete Sleepers of any length and type lying

along the cess/ slopes : Description in BOQ is self explanatory.

20.61 62/NS : Unloading of concrete sleepers of any length and type from BFRs by cranes :

Description in BOQ is self explanatory.

20.62 63/NS : As and when required by the Engineer in charge arranging of labours:

i. As and when required by Engineer in-charge arranging skilled labour for protection of track and other miscellaneous works as directed to be done by Engineer in charge of the work.

ii. Arranging all T&P equipments such as hand signal flags, spanners, hammers etc. as required for protection of track and other miscellaneous work.

iii. All medical facilities, insurance, transportation facility, provision as per Workmen Compensation Act for the labours shall be ensured by the contractor at his cost.

iv. As the rates of all the items of the Tender Schedule are inclusive of labour, arrangement of labour by the contractor under this item shall normally be required for those, petty jobs which are essentially required to be done for successful completion of work but are not payable and/or not included under any item of the schedule.

v. The contractor shall not escape from the responsibility of executing any item of schedule by simply arranging labour through this item and leaving further execution/completion at Railway’s end.

vi. In the views of Engineer in charge, if the contractor fails to deploy sufficient labour for execution of any item of the schedule and in case site conditions/circumstances warrant Railway administration to supplement labour at site of work, recovery shall be made at the accepted rate of this item for the actual labour deployed by Railways.

vii. Mode of measurements:

Recording of quantity shall be done in “Man day”. A man day is defined as 12 Hours i.e. total working hours of the day for one labourer.

20.63 64/NS : Clearing of grass/vegetation bushes etc from cess up to a distance of 1 metre from the edge of ballast : Description in BOQ is self explanatory.

20.64 65/NS : Providing G.I/M.S sheet barricading of 1.80m height at a distance of 6.0 m : Description in BOQ is self explanatory.

20.65 66/NS : Leading and Providing Joggled fish plates : Description in BOQ is self explanatory.

20.66 67/NS : Lubrication of rail joints which includes opening and closing of fish plates :

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Description in BOQ is self explanatory.

20.67 68/NS : Hiring of JCB : Description in BOQ is self explanatory..

20.68 69/NS : Hiring of Road Crane/Hydra : Description in BOQ is self explanatory.

20.69 70/NS : Unskilled labour component only for thermit welding of 52/60 kg rail joints by SKV process : The scope of work is to assist for welding by SKV process involving all types of unskilled labour required i.e. creating gap for thermit welding, carrying of welding materials to and from the depot to site of work, replacing of sleepers to facilitate welding, putting joggled fish plates, and all that is connected with unskilled labour work for successful completion of work.

1. Skilled staff such as welder, luter/grinder, aligner etc. will be of ITC/Railways. Contractor has to fully co-operate whenever the work is carried out.

2. The contractor shall make a programme in consultation with Railways for speedy completion of work.

3. The contractor’s labour shall report daily to the concerned CPWI about the availability of blocks to carry out the work. The work should be carried out in accordance with IRPWM.

4. All safety norms should be followed. 5. In any case schedule of dimensions should not be bloated. For any lapse on his part by

way of mishap, injury etc. the contractor shall be fully responsible and all damages shall be borne by him as directed by Railway Engineer- in-charge.

6. The work shall be carried out during block only.

20.70 71/NS : Drilling of holes in existing PRC sleepers of bridges approaches : Description in BOQ is self explanatory.

20.71 72/NS : Supplying and fixing standard plastic dowels as per RT/3002 Drg. : Description in BOQ is self explanatory.

20.72 73/NS : Providing fully furnished porta cabin on hire : Description in BOQ is self explanatory.

20.73 74/NS : Maintenance of track (Plain/ Curved) / Turnouts immediately after commissioning of track/ turnouts : Description in BOQ is self explanatory.

20.74 75/NS : Maintenance of track (plain/ Curved)/ Turnout as per IRPWM parameters after 7 days of commissioning :

Description in BOQ is self explanatory.

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20.75 76/NS : Hiring of Dumper / Truck (Capacity 10 tonnes) on hire basis along with operator : Description in BOQ is self explanatory.

20.76 1/NS & 2/NS of Schedule D : Transportation(by road) of P-way material :

(i) This item is for loading, transporting, unloading and stacking of P. Way materials new/SH/Scrap like rails, sleepers, points & crossings, SEJ/glued Joints, fittings etc. from various Depots/ Stations/ locations on Indian Railway to the nominated place (in yards or between stations along the track).

(ii) The material required to be transported under this contract will be unloaded as per the

direction of Engineer in charge or his representative.

(iii) The site where P. Way materials such as. Rails, Sleepers, Switches, Crossings, SEJ/Glued Joints, Fish plates and fittings are required to be unloaded or from where these are to be loaded may vary for lead and lift. The contractor should therefore carefully examine the site for stacking of material and availability of road to reach the site before tendering, Railway do not undertake to provide any service road. It should be clearly understood that the responsibility of constructing and maintaining the service road, if required, either in the railway premises or outside railway premises, shall be of the contractor.

(iv) The rate shall be inclusive of all lift /lead all types of taxes and nothing extra shall be

payable other than the rates accepted. Besides these special conditions, the contractor shall be bound to follow the IRPWM and conditions as laid down in the chapter of Mechanical Handling of Rails.

(v) The railway will also not entertain any claim for any detention at level crossing, during

transit and no extra payment shall be made for crossing of tracks or any other incidental charges.

(vi) The contractor shall be required to arrange suitable means of transport such as

truck/trailer etc. in time for transporting the P. Way material from various locations. The complete cost of loading, transportation, maintenance of transport etc. unloading and stacking properly of P. Way materials other than fittings by mechanical means shall be borne by the contractor.

(vii) The contractor shall carry the P. Way material at his risk and responsibility. He shall

take all such precautions which are necessary during transit or during stacking. If there is any damage or loss during transit, the contractor will be required to compensate the Railway fully for such damage or loss, if any.

(viii) The contractor shall be responsible to safe guard the P. Way materials while

loading/unloading till such time the same is handed over to the consignee at site.

(ix) The P. Way material loaded in the truck/ trailer will be entered in H.R. Book to be prepared by the railway officials and will have to be signed by the authorized agent of the contractor. This will be verified by the Railway representative at the destination. For any shortage en-route the contractor will be responsible and will be required to compensate the railway for shortage.

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(x) No payment will be made for empty haulage after delivery of P. Way materials and other

materials at site.

(xi) The Railway will have full right to send their representative free of charge by the contractor’s truck/ trailer, if necessary.

(xii) Payment of taxes e.g. octroi, toll tax etc. for railway materials as levied by the State

Government/ Local Bodies etc. will be paid by the Railway Administration, in case exemption is not granted. However, contractor will be issued a letter to the concerned authorities to grant exemption and payment will be made only when such exemptions are not granted. Proof of non grant of exemption will have to be presented by the contractor at the time of submission of bills.

(xiii) No handling charge will be paid as cost of re-handling will be deemed to have been

included in the contractor’s quoted rate.

(xiv) Weight of New material will be taken as per standard weight given in Track manual/ Drawing and for SH materials theoretical weight reduced by 5 % for wear and tear.

(xv) The lead shall be as per the straight distance by any National Highway, State highway,

Pucca Road, which is shortest feasible for plying of loaded truck/ trailers. This shall be certified by Railway Engineer or his representative.

(xvi) The railway administration shall supply the material to the contractor/s for leading,

loading, transportation, and unloading etc. from one location to another location as directed by Engineer or his representative against indemnity bond to safe guard the material and reach proper destination.

(xvii) The work to be carried out as per direction of Engineer or his representative of the work.

All precautions and actions to be taken by the contractor to avoid damage to Railway assets, track, signaling & OHE gears while carting out the material. He will be completely responsible for safety of material and his labours.

21.0 SPEED RESTRICTIONS AND DISCONNECTION

i. Necessary speed restriction will be imposed by P. Way Inspector in charge of the work for execution of works.

ii. Contractor after ensuring that speed restriction is imposed where he has to do the work he should progress with the work in progressive manner keeping in view that speed restriction will be for minimum period and should be utilized in most progressive manner for which before starting the work the contractor in consultation with Railway representative should chalk out the programme date wise and operation wise. Any delay on account on contractor’s negligence will be taken up seriously and necessary action will be taken as per General conditions of contract and extant rules which may amount to termination of contract. 22.0 TESTING AND FIELD LABORATORY.

22.1 The contractor shall provide a field laboratory for concrete and soil testing and testing shall be carried out in presence of Engineer-in-charge or his representative. All the expenditure

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on this account shall be borne by contractor and no extra payment shall be made by Railway. The contractor shall arrange one set of relevant codes in testing laboratory. This will be a prerequisite mobilization at site.

22.2 The

contractor shall get a percentage of samples tested from other approved laboratories as may be directed by Engineer – in – charge as confirmation test without any extra cost.

S. No.

Item as per IS Code Quantity.

1. Electronic Balance 5kg capacity accuracy 0.5gm 1 No.

2. Pan balance 10 kg capacity with wts. Accurate up to 1 gm. 1 No.

3. Core cutter with dolly and rammer as per IS-2720 2 Nos.

4. Equipment for sand replacement method. 1 Nos.

5. PH meter (digital) 1 Nos.

6. Oven-Electrically operated, thermostatically controlled range up to 2000C sensitivity 10C

1 Nos.

7. Enameled dishes (small) 1 Nos.

8. Spatula 2 Nos.

9. Wash bottle (alkathene 1 litre) 2 No.

10. Modified Procter’s compaction apparatus complete set 1 Nos.

11. Turbidity meter 1 No.

12. Enamelled trays and pans 2 Nos.

13. 1000 CC glass cylinder. 1 No.

14. 50 CC glass cylinder 2 Nos.

15. IS sieve set 1 set.

16. Cube mould 150 x 150 x 150 mm, 7.06 x 7.06 x 7.06 cm. 6 Nos.

17. Slump apparatus 1 No.

18. Cylindrical Mould. 3 Nos.

19 Flakiness index Gauge 2 Nos

20 Elongation Gauge 2 Nos.

21. Vickets apparatus 1 No.

22. Compression testing m/c Electronic-200 tone 1 No.

23 Permeability Test Apparatus 1 No.

24 Rapid Moisture meter 1 Sets.

25 Mechanical Sieve shaker with complete set of sieves. 1 set.

26 Penetrometer Test for the Initial setting time of concrete 1 set

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22.3 In the use of the materials procured by the contractor/s testing as required by the codes and specifications shall be arranged by him / them at his / their own cost. If additional testing other than required by specification is ordered, the testing charges shall be borne by the department, if the results are satisfactory and will be borne by the contractor/s, if the same are found to be unsatisfactory.

22.4 Aggregate for concreting will be tested in the beginning and at frequent interval during the course of work (minimum twice).

22.5 The field laboratory must be well equipped to enable testing at site itself the quality of concrete, size of aggregate, moisture content and bulkage of sand, slump test, cube test up to M-50 grade.

22.6 The decision of the Engineer’s representative in this regard shall be final and conclusive.

23.0 OTHER COMMON SPECIAL CONDITIONS AT A GLANCE FOR THIS TENDER:

1. Contractor shall be responsible for giving proper layouts/marking centre lines of structures and these shall only be checked by the Railway representative. 2. For ensuring proper curing of concrete, the contractor shall be put minimum one Khalasi at each site/Station/Bridge at the disposal of Engineer In charge, failing which a recovery of Rs. 374/- (Three Hundred Seventy Four) per day per site will be made.

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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FORMAT ‘A’

FORM FOR ENGINEERING WORK PERMIT (EWP)

1. Name of the Railway Supervisor 2. Location of work 3. Nature of work 4. Agency 5. Machineries deployed 6. Working hours 7. I have personally checked the arrangements of rope barricading, fencing at turning locations,

posting of staff by the railway by the Contractor, erection of display boards training of staff, issue of permits to drivers and I am satisfied that it shall be possible to adhere to the standard safety precautions at site as reproduced in the enclosed Annexure ‘S’ except those indicated in para 8 below. Further I have made all the departmental arrangement require for adherence of safety precautions.

8. In case of following it shall not be possible to adhere to Annexure ‘S’ provisions as mentioned below.

9. However in view of Para 8 following extra safety provisions will be taken at site to ensure safety.

Incharge Senior Sectional Engineer (Works)

Remarks of XEN/AXEN

Remarks of Dy. CE(C) Based on the above certificate, I hereby permit the above work for a period of ________ days i.e. upto _______.

Dy. Chief Engineer (Const.) Date:

C/- Sr. DSO-BCT, Sr. DEN (S), AEN concerned Sr. Sectional Engineer (P. Way) Sectional Engineer, PWM Concerned (with 5 spare copies). AEN © In-Charge PWI © Safety CE© II

Notes 1. A copy of this permit on issue shall be pasted on the site order book. 2. Each work location shall require separate EWP

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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ANNEXURE 'S'

1.1 Safety precautions: General Safe working of contractors: A large number of men and machinery are deployed by the contractors for track renewals, gauge conversions, doublings bridge rebuilding etc. it is therefore essential that adequate safety measures are taken for safety of the trains as well as the work force. The following measures should invariably be adopted.

i) The contractor shall not start any work without the presence of railway supervisor at site. ii) Where ever 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 and feasible as per site conditions.

iii) The look out and whistle caution orders shall be issued to the trains and speed restrictions imposed where considered necessary. Suitable flagmen/detonators shall be provided where necessary for protection of trains.

iv) The supervisor/workmen should be counselled about safety measures. A competent certificate to the contractor’s supervisor as per proforma annexed shall be issued by AEN which will be valid only for the work for which it has been issued.

v) The unloaded ballast/rails/sleepers/other P. Way materials after unloading along track should be kept clear off moving dimensions and stacked as per the specified heights and distance from the running track.

vi) Supplementary site specific instructions, wherever considered necessary, shall be issued by the Engineer-in-charge.

1.2.1 Supplementary Precautions for working in suburban section. i) A rope having luminous red strip wrapped around it, must be stretched by tying to the OHE masts

to indicate the area not to be infringed under any circumstances. The entire area of work should be demarcated by providing rope barricades and sign boards which will enable the workman posted at site and also the lorry drivers to have clear guidelines on movement of vehicles.

ii) At every 500 mts, locations having adequate space & level for proper turning of vehicles shall be earmarked and a modular, portable 1 Mt. High steel fencing at a distance of 3.5m shall be erected in a length of 20 mts. for turning of vehicles.

iii) At places of turning of vehicles planned out a safety guard/flagman in special orange colour luminous/reflective uniform shall be posted during execution of the work who shall supervise the turning of vehicles after seeing the movement of trains and shall ensure that under no circumstances the vehicle touches the fencing erected. These safety guards shall also carry Binoculars so as to watch the vehicles/trains from a distance as well for any necessary action by him if need be. Sectional Engineer in charge of the work shall ensure that slopes of the

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nominated places are kept away from the running lines so as to avoid the possibility of any rolling down of vehicles.

iii) These nominated places shall have the status as of a Station for a run through train and the safety

guard/flagman shall stand attentively facing the track and should hold green and red hand signal flags furled up on separate sticks, the green flag in the left hand and red flag in the right hand during day time and a lighted hand signal lamp with white light pointing towards passing trains during night time. If any unsafe condition is noticed on the train he shall attract the attention of Train crew by blowing whistle as well as showing danger or other signal as warranted. At the nominated turning place of each location, a board with text “Vehicle Turning station/W”’ shall be erected by the safety guard. ‘W’ indicates the need for whistling by incoming train motorman / driver on the nearest track. In the event of any untoward incident like say a vehicle infringing the track safety guard/flagman shall arrange to stop the train by planting short circuit operating clip and putting detonators, showing red hand signal as in case of obstruction on a track.

iv) At such nominated places temporary “whistle boards” shall be erected so as to invite the attention of Motorman/drivers to whistle when passing such locations.

v) The Key man working in the division shall be asked to keep a watch by Sectional Engineer (P.Way) (Control). Sectional Engineer (P. Way) (Control) Shall inform to the Dy. CE(C) concerned. Similarly Motormen and Guards working suburban trains shall also be asked to report any tendency/slackness noted in the working at sites. Construction Organization shall attend the deserving cases and the Contractor shall be fined/taken up.

vi) At each site where construction vehicles of the contractor are required to ply along the track a patrolman by the Contractor shall be deployed to see that the driver do not have any tendency to come closer to the track and infringe.

vii) The Drivers/Motormen of trains plying on the nearest track shall be served with caution orders to look out for any obstruction at the places of work that infringes the train movements.

viii) All the authorized Drivers of the road vehicles/machines shall be given a red flag/ red lamp so that in the event of any obstruction they at least stop the incoming trains.

ix) The Sectional Engineer incharge shall inspect every site every alternate working day and record his observations in Site order Book clearly indicating if the safety precautions are being adhered to or not /in case of violation or inadequacy, he shall suspend the work and report to AEN(C) / XEN (C) or his Superiors.

x) AEN (C) incharge shall carry out safety inspection once in a week and record his observations in the site order book pointing out deficiencies if any. In case he finds that safety precautions being taken are not as per the Standing procedure order he shall suspend the work and report to Dy. CE (C) and all others as listed in the permit to work.

xi) Sectional Engineer as well as AEN/C while taking measurements & recording the bill shall certify that all safety precautions stipulated in General/Special conditions of Contract have been followed by the Contractor.

xii) Dy. Chief Engineer in-charge shall carry out detailed safety inspection once in a month of each site and shall scrutinize site order book in respect of adherence to safety precaution once in a fortnight. It shall be the responsibility of each AEN to bring his site order books per bearer once in

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a fortnight to his Dy. CE (C) in-charge& put up to him. Dy. CE(C)/C must return the site order book the same day so as not to keep the site without site order book for more than a working day.

xiii) One Sectional Engineering (P. Way) (Construction) Safety for suburban section shall be posted in H/Q office under CE(C) in-charge who shall be responsible for carrying out surprise safety audit & inspection at all work sites. At least one inspection in a month of each site which is adjacent to tracks shall be carried out by him. He shall record his inspection Notes/Observations in the site order book and submit a copy of his inspection notes to CE (C) in-charge for his scrutiny.

xiv) All the contractors shall be given copy of the procedure order so that they in turn drill/train their staff.

xv) The Contractor shall not allow any road vehicle (even belonging to him or his suppliers etc.) to ply in railway land next to the running line. If for execution of certain works viz. Earthwork for parallel railway line and supply of ballast for new or existing rail line gauge conversion etc. road vehicles are necessary to be used in railway land next to the railway line, the contractor shall apply to the engineer-in-charge for permission giving the type & no. of individual vehicles, names & licence particulars of the drivers, location, duration & timings for such work/movement. The engineer-in-charge or his authorized representative shall personally check the validity of road vehicles, driving license and counsel, examine & certify, the road vehicle Drivers, contractor’s flagmen & supervisor and will give written permission giving names or road vehicle drivers, contractor’s flagmen and supervisor to be deployed on the work, stating location, period and timing of the work. This permission will be subject to the following obligatory conditions.

a) The road vehicles shall NOT ply between sunset and sunrise and when visibility is impaired due to dust storm/for etc. during day hours.

b) Nominated vehicles & drivers will be utilized for work in the presence of atleast one flagman & one supervisor certified for such work.

c) The vehicles shall ply 7m clear of track. Any movement/work at less than 8m upto minimum 3.5m clear of track centre, shall be done only in the presence of railway employee authorized by the Engineer-in-charge. No part of the road vehicle will be allowed at less than 3.5m from track centre.

XVII) The movement of lorries near the track shall be prohibited during night as well as during day when visibility & adequate protective measures including lighting shall be ensured & specific approval of Dy. Chief Engineer obtained for each such occasion.

XVIII) Machines and vehicles which are required to move at less that 8 mts. away from the track, it shall be in the presence of railway employee authorized by Engineer-in-charge.

XIX) The contractor’s representative shall be issued a certificate by XEN/AEN to the effect that they have acquired sufficient knowledge about the Safety precautions that are needed to be followed while working near the track.

1.2.2 On receiving the application for permit to work through AEN/XEN, Dy.CE© shall issue permit to work to the Sectional Engineer.

1.2.3 A copy of the permit to work shall be endorsed to Sr. DSO-BCT Sr.DEN(S), AEN(N) BCT or (South)

Parel, Chief Sectional engineer (P. Way) concerned, Sectional Engineer (P. Way) concerned with 5 spare copies.

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

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ANNEXURE 'EL'

2.1.1 Protection of work sites and obtaining work blocks for repair and maintenance works undertaken by Engg./Signalling/Electrical (Traction) etc.

2.1.2 To work in the electrified areas, the staff, supervisors and officers at work sites should familiarise themselves with relevant provisions of ACTM for guidance and necessary action as given below :- (i) Signalling & Telecommunication staff.

Signalling & Telecommunication staff working on sections equipped with 25 kv A.C. Traction, should follow instructions given in para 10429 to 10433 of the Manual of A.C. Traction, Volume I.

(ii) Engineering Staff. Whenever working in the vicinity of the tracks equipped with 25 kV AC traction, instructions given in para 10420 to 10428 Manual of A.C. Traction Volume I, and those given in the supplement to Part ‘J’ of Chapter II of the Indian Railways Permanent Way Manual, must be followed by the Engineering Staff.

(iii) Bridge Staff. No work of painting/scrapping of any structure including bridges shall be undertaken within 2 metre from live overhead equipment without obtaining permit to work from an authorised person in accordance with SR 17.09 (2)

(iv) Electrical (General Services) Staff. Electrical (General Services) staff working on high tension/low tension lines in the vicinity of tracks equipped with 25 kV A.C. traction should take precautions given in para 10400 of the manual of A.C. Traction. Volume I.

(v) Electrical (Tractions Distribution) Staff. (a) OHE staff when using ladders for lifting or supporting overhead wires which may disturb

OHE temporarily and is likely to endanger safety of staff/passengers, must get look out caution orders (driver to whistle continuously) and ensure that danger signals have been shown. In case of work being carried out within station limits, written permission of the Station Master should also be obtained as per SR 17.03 (8) (2).

(b) In all OHE works where there is a possibility of infringement to moving dimension such as replacement of Catenary or Contact wires, replacement or POH of Cantilevers, replacement of cut-in insulators etc. the work must be carried out by taking full Traffic Block along with the Power Block.

2.1.3 All Departments.

(a) In addition to the above, it may be ensured by staff, supervisors & officers of all

departments, that no work in the vicinity of 2 mtrs. of live OHE/PSI should be carried out without obtaining “Permit to work” (Ref.: Para 20334 of ACTM Vol.IIPt.I).

(b) While undertaking cable laying work at stations, precautions must be taken by all concerned to avoid damage to the existing Electrical and Signal & Telecommunication cables in the stations/yards, as follows:- (i) Before starting the excavation in yards/stations/officer residential complex, a joint

survey must be conducted by the supervisor of Civil, Electrical, Signal & Telecommunication & Construction Departments. After deciding the route a plan

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should be prepared which should be jointly signed by the supervisors of all departments and countersigned by the concerned Sr: Scale Officers.

(ii) Before the commencement of the excavation, the route must be marked on the ground.

(iii) Where there are large no. of cables/difficult locations, the excavation work shall not be undertaken without a responsible nominee of the department owning the cables being present at site.

(iv) Supervisor of department undertaking cable laying work/excavation should be available at site to ensure that the excavation site is free from other cables and ensure that no cables are damaged during excavation.

(v) Track crossing should be done under the supervision of a responsible Engg. Official.

(vi) While working, if an existing cable gets damaged, it should be immediately brought to the notice of the supervisor & officers of the concerned department who should immediately take remedial measure to rectify the damage.

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Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

PROFORMA – I-A

1. Full name of Contractor/ : Construction firm and year of establishment. 2. Registered Head Office. : Address. 3. Branch office in India. : 4. Constitution of firm give : full details including names of part Partners/ Executives / Power of Attorney holders, etc. 5. Particulars of Registered : with Government/Semi-Govt. Organization, Public Sector Undertaking & Local Bodies etc.

Page No. 117 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

PROFORMA – I-B

DETAILS OF WORKS OF TENDERER

DETAILS OF WORK IN HAND AND DETAILS OF TENDER SUBMITTED

Sr. No.

Name of work

Place Tender Cost

Work in hand Date of commen- cement

Expected date of comple- tion

Name of Work

Work Tendered

Estt. Date when

Stipulated date or period of completion

Page No. 118 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

PROFORMA-II DETAILS OF ALL CIVIL ENGINEERING WORKS CARRIED OUT DURING PAST FIVE YEARS Sr No

Name of work Place Tendered Cost

Time taken for completion of work

Principal feature of the work brief

Commence- ment date

Actual comple-tion date

Page No. 119 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

PROFORMA-III

DETAILS (PLANTS & MACHINERY)

Sr. No.

Particulars of equipments

No.of unit

Kind make Capacity Age and conditions

Remarks (Give present location if already owned If to be purchased give date of placing order and tentative date of receipt

Page No. 120 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

PROFORMA - IV

WESTERN RAILWAY (SURVEY & CONSTRUCTION)

PARTICULARS OF PERSON TO BE EMPLOYED ON THE WORK Sr. No.

Name & Designation Qualification Professional experience

Remarks

Page No. 121 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

PROFORMA – V

SUB CONTRACTORS

Item Element of Work Approximate value

Name & Address of sub contractor

Statement of similar work previously executed

1 2 3 4 5

Page No. 122 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

PROFORMA – VI

CHECK LIST FOR DOCUMENTS TO BE SUBMITTED BY THE TENDERER /S WHILE SUBMITTING THEIR OFFER

Sr. No.

Items Whether submitted

(Yes / No) * 1 Documents related to Similar Nature of Work submitted as per the

requirement of Eligibility criteria of tender document.

2 Documents related to Turnover submitted as per the requirement of Eligibility criteria of tender document.

3 The tenderer/s shall clearly specify whether the tender is submitted on his behalf or on behalf of the partnership concern. If the tender is submitted on behalf of partnership concern he should submit the certified copy of partnership deed along with the tender and authorisation to sign the tender documents on behalf of partnership 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. No power of attorney in favour of an individual person will be accepted if it is irrevocable. In case, where the power of attorney/partnership deed has not been executed in English, the true and authenticated copies of the translation, of the same by Advocate, authorised translator of courts and licensed petition writers should be supplied by the Contractor/s while tendering for the work. The tenderer whether a sole proprietor, a limited company or a partnership firm if they want to act through agent or individual partner/ partners should submit along with the tender or at a later stage, a power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner/partners of the firm or any other person specifically authorising him/them to submit the tender, sign the agreements, receive money, witness measurements, sign measurement books, compromise, settle, relinquish any claim or claims preferred by the firm and sign ‘No Claim Certificate’ and refer all or any disputes to arbitration.

4 Whether the tenderer /s have complied Clause 12 of Second Sheet of Tender document?

* Note :Tenderer’s must note that, if the tenderer fails to submit / comply the above documents / instructions while submitting their offer, there will not be any post tender correspondence. Date ________________________ Signature & Seal of Contractor

Page No. 123 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

Annexure to Top Sheet

Mandatory list of item/documents to be given /enclosed while submitting E-Tender offer

The tenderer shall clearly specify whether the tender is submitted on his own or on behalf of Partnership Firm/Joint venture(JV)/Society etc. The tenderer(s) who is/are constituents of Firm, Company, Association or Society shall enclose self-attested copies of the Constitution of their conern,Partnership Deed and Power of Attorney along with their tender. Tender documents in such cases shall 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 The tenderer shall give full details of the constitution of the Firm/JV/Company/Society etc. and shall also submit following documents (as applicable) in addition to documents mentioned above.

S.N. Item Submitted -Yes or

No (A) (1) If tenderer is SOLE PROPRIETORSHIP firm:

Notarised copy of the affidavit.

(2) If tenderer is PARTNERSHIP firm : Self-attested copies of (i) registered/notarised Partnership deed and (ii) Power of Attorney duly authorising one or more of the partners of the firm or any other person(s), authorised by all the partners to act on behalf of the Firm and to submit and sign the tender, sign the agreement, witness measurements, sign measurement books, receive payment, make correspondence(s), compromise/settle/relinquish any claim(s) preferred by the firm, sign “No claim certificate”, refer all or any dispute to arbitration and to take similar action in respect of all tenders/contracts OR said tender/contract.

(3) If tenderer is JOINT VENTURE(JV) firm : (i) In case one or more of the members of the JV Firm

is/are partnership firm(s), following documents shall be submitted:

(a) Notary certified copy of the Partnership Deed, (b) Consent of all the partners to enter in to the Joint

Venture Agreement on a stamp paper of appropriate value.

(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.

Page No. 124 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

S.N. Item Submitted -Yes or

No (ii) 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.

(iii) In case one or more members is/are limited companies, the following documents shall be submitted:

(a) Notary certified copy of resolutions 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.

(c) Power of Attorney (duly registered as per prevailing law) by the Company authorizing the person to do/act mentioned in the para (a) above

(iv) All the members of 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 a member of the JV firm in which they were/are members

(4) Company registered under Companies Act-1956: (i) Copies of MOA (Memorandum of Association) and AOA (Articles of Association) of the Company, and (ii) Power of Attorney duly registered/Notarised by the Company (backed by the resolution of Board of Directors) in favour of the individual, signing the tender on behalf of the Company.

(5) Society : (i) Self-attested copy of the Certificate of Registration, (ii) Deed of Formation and (iii) Power of Attorney in favour of the tender signatory.

Page No. 125 WESTERN RAILWAY

(Survey & Construction) Tender No. Dy CE (C) II/CCG/313

______________________________________________________________________________________________________________

Signature of Tenderer(s)/Contractor(s) Deputy Chief Engineer (Const) II, Western Railway, Churchgate, Mumbai – 400 020 Date: ____________________ (For & on behalf of The President of India)

PACKET - 1 : TECHNICAL BID

S.N. Item Submitted -Yes or

No (B) (1) Affidavit for credentials as per Annexure – B (2) Legal papers/documents for Eligibility Criteria (i) (i) Similar nature of work (ii) (ii) Turnover : Attested certificate from the

employer/client, Audited Balance Sheet duly certified by the Chartered Accountant etc.

(iii) (iii) Combined Eligibility Criteria :- List of completed works within qualifying period and works in progress.

(3) EMD paid on line through Payment Gateway. (4) Cost of Tender Document paid on line through

Payment Gateway.

NOTE :

1. If it is mentioned in the tender that it is being submitted on behalf of/by a Sole Proprietor firm/Partnership firm/Joint venture/Registered Company etc. but above mentioned documents/s(as applicable) are not enclosed along with the tender, the tender shall be summarily rejected.

2. If it is NOT mentioned in the tender that it is being submitted on behalf of/by a Sole Proprietorship Firm/Partnership Firm/Joint venture/Registered Company et., then the tender shall be treated as having been submitted by the individual who has signed the tender. After opening of the tender, any document pertaining to the constitution of the Firm/JV/Society etc., shall neither be asked nor be entertained/considered.

3. A tender from JV/Consortium/Partnership Firm etc., shall be considered only where permissible as per the tender conditions.

4. 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 submission of tender. It may, however, recognise such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor.

5. No document shall be accepted after opening of tender. If any of the above documents is not submitted along with the tender, the tender will be summarily rejected considering it as a non-compliant bid.

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