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MUMBAI RAILWAY VIKAS CORPORATION LTD.

(A PSU OF GOVT. OF INDIA, MINISTRY OF RAILWAYS)

National Competitive Bidding

for

Supply of material, Installation, Testing & Commissioning of GPS based Digital Clock, Train Indicators, Public Address System and modification in yard layout for TMS in connection of platform extension for running 12 coach EMU rake on Harbour Line at Mahim, Bandra, Khar Road, Santacruz and Vile Parle stations of Western Railway (MM-ADH Section) under MUTP-II ‘C’.

BID NO : MRVC/W/MM-ADH/HBR/TELE/2013/11

MRVC Office, 2nd Floor, Churchgate Railway Station Building, Churchgate, Mumbai-400 020

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GOVERNMENT OF INDIA

MUMBAI URBAN TRANSPORT PROJECT

NATIONAL COMPETITIVE BIDDING

NAME OF WORK : Supply of material, Installation, Testing &

Commissioning of GPS based Digital Clock, Train Indicators, Public Address System and modification in yard layout for TMS in connection of platform extension for running 12 coach EMU rake on Harbour Line at Mahim, Bandra, Khar Road, Santacruz and Vile Parle stations of Western Railway (MM-ADH Section) under MUTP-II ‘C’.

Period of Sale of Bidding Document : From 19.12.2013 to 20.01.2014

Time and Date of Pre-Bid Conference : Date 02.01.2014 Time 15.00 Hours

Last Date and Time for Receipt of Bids

: Date 21.01.2014 Time 15.00 Hours

Time and Date of Opening of Bids : Date 21.01.2014 Time 15.30 Hours

Place of Opening of Bids : Corporate office, Mumbai Railway Vikas Corporation Ltd., 2nd floor, Churchgate Station Annex building, Churchgate, Mumbai-400 020 website: www.mrvc.indianrailways.gov.in

Officer Inviting Bids : Chief Signal & Telecommunication Engineer-II, MRVC E-mail: csteII@mrvc.gov.in

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BID DOCUMENT CONTENTS

Page No.

Invitation for Bid 4–5

Section 1 Instructions to Bidders 6-18

Section 2 Forms of Bid and Qualification Information 19-28

Section 3 General Conditions of Contract 29-43

Special Conditions of Contract 44-53

Section 4 Contract Data 54-60

Section 5 Specifications

Part I - Employer’s Requirements – General Specification 61-85

Part II - Employer’s Requirement – Particular Specification 86-99

Section 6

Bill of Quantities

100-102

Annexure 2 Resume of Shri V.D. Gautam

103

Section 7 Forms of Securities 104-108

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INVITATION FOR BIDS

(IFB)

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INVITATIONS FOR BIDS (IFB)

NATIONAL COMPETITIVE BIDDING

BID NO. MRVC//W/MM-ADH/HBR/TELE/2013/11 Date: 18.12.2013 1. Mumbai Railway Vikas Corporation (MRVC) Ltd., 2nd Floor, Churchgate Station Annex, Churchgate,

Mumbai 400020, invites bids for construction of works as detailed below. This work is part of Mumbai Urban Transport Project funded jointly by Ministry of Railways and Govt. of Maharashtra. Bidders are advised to note the minimum qualification criteria specified in clause 3.4 of the Instructions to Bidders to qualify for the award of the contract.

2. Bidding documents may be purchased from the office of MRVC Ltd. from 19.12.2013 to 20.01.2014 for a non-

refundable fee as indicated, in the form of Demand Draft on any Scheduled bank payable at Mumbai in favour of Mumbai Railway Vikas Corporation Ltd. Bidding documents requested by mail will be dispatched by speed post on payment of an extra amount of Rs. 500/-. MRVC Ltd. will not be held responsible for the postal delay if any, in the delivery of the documents or non-receipt of the same. Bidders may also download the bidding documents from web site of www.mrvc.indianrailways.gov.in but it will be responsibility of bidder to make proper sets and submit documents properly, along with cost of bid documents as indicated below in the form of demand draft in favour of Mumbai Railway Vikas Corporation Ltd. Bids not accompanied with the demand draft towards the cost of the bid document will be summarily rejected.

3. Bids shall remain valid for a period not less than Ninety (90) days after the deadline date for bid submission. Bids must be accompanied by a bid security specified in the table below, drawn in favour of MRVC Ltd. Bid security will have to be in any one of the forms as specified in the bidding document, with validity upto 45 days beyond the validity of bid.

4. Bids must be delivered to Chief Signal & Telecommunication Engineer-II, MRVC on or before 15.00 hours on

21.01.2014 and will be opened on the same day at 15.30 hours, in the presence of the bidders, who wish to attend. If the office happens to be closed on the date of receipt of the bids as specified, the bids will be received and opened on the next working day at the same time and venue.

5. A pre-bid meeting will be held on 02.01.2014 at 15.00 hrs. at the office of MRVC Ltd., Mumbai to clarify the issues and to answer questions on any matter that may be raised at that stage as stated in clause 8.2 of ‘Instructions To Bidders’ of the bidding document.

6. Other details can be seen in the bidding documents. Interested bidders may obtain further information at the

above address. TABLE

Name of work- Supply of material, Installation, Testing & Commissioning of GPS based Digital Clock, Train Indicators, Public Address System and modification in yard layout for TMS in connection of platform extension for running 12 coach EMU rake on Harbour Line at Mahim, Bandra, Khar Road, Santacruz and Vile Parle stations of Western Railway (MM-ADH Section) under MUTP-II ‘C’.

Bid No. Approximate cost of works

(Rs)

Bid security (Rs)

Cost of documen

t (Rs)

Period of completion

1 3 4 5 6 MRVC//W/MM-ADH/HBR/TELE/2013/11

71.78 Lakhs 1.40 lakhs 2,000

(Two thousand)

12 months (including monsoon)

Name of office- Mumbai Railway Vikas Corporation Ltd. Address- Mumbai Railway Vikas Corporation Ltd.,

2nd floor, Churchgate Railway Station Building, Churchgate, Mumbai- 400 020

Fax. No. 022-2209 6972 Web Site www.mrvc.indianrailways.gov.in Contact Persons- Chief Project Manager Tel.No.022-2209 26620 email:cpmmrvc@gmail.com CSTE-II Tel No.022-2201 4624 email csteII@mrvc.gov.in

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SECTION 1: INSTRUCTIONS TO BIDDERS (ITB)

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Section 1: Instructions to Bidders

Table of Clauses Page

No. Table of Clauses Page No.

A. General 8 E. Bid Opening and Evaluation 14 1. Scope of Bid 8 22 Bid Opening 14 2. Eligible Bidders 8 23. Process to be Confidential 14 3. Qualification of the Bidder 8 24. Clarification of Bids 14 4. One Bid per Bidder 10 25. Examination of Bids and

determination of Responsiveness 14

5. Cost of Bidding 10 26. Correction of Errors 15 6. Site Visit 10 27. Evaluation and Comparison of

Bids 15

B. Bidding Documents 10 7. Content of Bidding Documents 10 F. Award of Contract 15 8. Clarification of Bidding Documents 10 28. Award Criteria 15 9. Amendment of Bidding Documents 10 29. Employer's Right to Accept any

Bid and to Reject any or all Bids 16

C. Preparation of Bids 11 30. Notification of Award 16 10. Language of Bid 11 31. Performance Security 16 11. Documents Comprising the Bid 11 32. Advance Payment and Security 16 12. Bid Prices 11 33. Adjudicator 16 13. Currencies of Bid and Payment 11 34. Corrupt or Fraudulent Practices 17 14. Bid Validity 11 35. Conditions for documents

downloaded from website 17

15. Bid Security 12 16. Alternative Proposals by Bidders 12 17. Format and Signing of Bid 12 D. Submission of Bids 13 18. Sealing and Marking of Bids 13 19. Deadline for Submission of Bids 13 20. Late Bids 13 21. Modification and Withdrawal of

Bids 13

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A. General 1. Scope of Bid 1.1 The Mumbai Railway Vikas Corporation Ltd. (referred to as Employer in these documents) invites bids for the

construction of works (as defined in these documents and referred to as "the works") detailed in the table given in IFB. The broad scope of work is as described below : At present harbour line from Mahim to Santacruz stations are for running 09 coach EMU rake, now to enhance capacity on harbor line to facilitate 12 coach EMU rake from Mahim to Vile Parle stations. Harbour line platforms are being extended at Bandra, Khar, Santacruz & Vile Parle stations. New harbor line platform at Mahim station being constructed. Under this Telecom work is planned for provision of additional Train Indicators, Speakers for Public address system, provision of GPS based clock system and modification in the TMS layout as per the changes in the yard layout. As the increase in platform length the enhancement of the existing public amenities facilities is required. The broad scope of the work in this bid is as under. Supply of material, Installation, Testing & Commissioning of GPS based Digital Clock, Train Indicators, Public Address System and modification in yard layout for TMS in connection of platform extension for running 12 coach EMU rake on Harbour Line at Mahim, Bandra, Khar Road, Santacruz and Vile Parle stations of Western Railway (MM-ADH Section) under MUTP-II ‘C.

1.2 The successful bidder will be expected to complete the works by the intended completion date specified in the Contract data.

2. Source of Funds 2.1 This work is a part of Mumbai Urban Transport Project funded jointly by Ministry of Railways

and Govt. of Maharashtra. 3. Eligible Bidders 3.1 Bidding is open to all Indian bidders who are registered with the Government of India or other State

Governments/Government of India, or State/Central Government Undertakings. Bidders are advised to note the minimum qualification criteria specified in Clause 3.4 of the Instructions to Bidders to qualify for the award of the contract.

3.2 Deleted 3.3 Deleted 3.4 Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent practices in accordance with

sub-clause 37.1. 4. Qualification of the Bidder 4.1 Deleted. 4.2 All bidders shall include the following information and documents with their bids in Section 2: (a) Copies of original documents defining the constitution or legal status, place of registration, and principal

place of business; written power of attorney of the signatory of the Bid to commit the Bidder; (b) Details of turnover for each of the last three financial years and current financial year up

to the date of opening of technical bid; The acceptable documents shall be Certificate of chartered Accountant/Client’s certificate/Copies of balance sheets etc.

(c) Experience in works of a similar nature and size for each of the last three financial years and current financial year, and details of works under way or contractually committed; and clients who may be contacted for further information on those contracts;

(d) Major items of construction equipment proposed to carry out the Contract; (e) Qualifications and experience of key site management and technical personnel proposed for the Contract;

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(f) Deleted. (g) Deleted. (h) Authority to seek references from the Bidder's bankers; (i) Deleted.

(j) Proposals for subcontracting components of the Works which in aggregate add to more than 20 percent of the Bid Price (for each, the qualifications and experience of the identified sub-contractor in the relevant field should be annexed; no vertical splitting of work for sub-contracting is acceptable);

(k) Program of construction in the form of Activity chart. (l) Deleted.

4.3 Joint Ventures are not permitted. 4.4 A Minimum qualification criteria

Only such bidders need to apply who fulfill following minimum eligibility criteria:

1. Total turnover of at least Rs. 108 Lakhs during the last three financial year and current financial year upto date of opening of bid.

a) Completed a similar telecom work having value of minimum Rs. 25.122 Lakhs within the qualifying period

i.e. during the last three financial years and the current financial year up to the date of opening the bid. The similar single work shall mean Any telecom work of installation of train indicators, public address system. Notes:-

(i) In case the work has been physically completed , the date of physical completion of the work should fall within

the qualifying period ( i.e. last three financial years and current financial year up to the date of opening the technical bid) even though the work might have started prior to qualifying period. Full value of completed work will be considered for deciding eligibility. In case, the final bill of the completed work has not been passed and final measurements have not been recorded, the paid amount including statutory deduction will be considered for working out the value of completed works. If the final measurements have been recorded and the work has been completed with negative variation, then also the paid amount including statutory deduction will be considered. However, if the final measurements have been recorded and the work has been completed with positive variation but variation has not been sanctioned, original agreement value or last sanctioned agreement value whichever is lower shall be considered.

(ii) In case the work has not been physically completed , the value of work executed within the qualifying period ( i.e. last three financial years and current financial year up to the date of opening the technical bid) will be considered for deciding the eligibility.

(iii) It is the responsibility of the firm to attach required documents in support of their eligibility i.e. turnover and similar work(s). No document received after opening of the bid, would normally be considered.

4.4 B Deleted 4.5 Sub-contractor’s experience and resources will not be taken into account in determining the Bidder’s

compliance with the qualifying criteria with respect to clauses nos. 4.4 A (a) and 4.4 A (b). 4.6 Deleted

4.7 Even though the bidders meet the above qualifying criteria, they are subject to be disqualified if they have: 4.7.1 made misleading or false representations in the forms, statements and attachments submitted in proof of the

qualification requirements; and/or 4.7.2 record of poor performance such as abandoning the works, not properly completing the contract, inordinate

delays in completion, litigation history, or financial failures etc.; and/or 5. One Bid per Bidder 5.1 Each bidder shall submit only one bid. A bidder who submits or participates in more than one Bid will cause all

the proposals with the Bidder’s participation to be disqualified. 6. Cost of Bidding

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6.1 The bidder shall bear all costs associated with the preparation and submission of his Bid, and the Employer will in no case be responsible and liable for those costs.

7. Site visit 7.1 The Bidder, at the Bidder’s own responsibility and risk is encouraged to visit and examine the Site of Works and

its surroundings and obtain all information that may be necessary for preparing the Bid and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the Bidder's own expense. The Details of site of work is given in the contract data.

7.2 The bidder should note that some items of the work may have to be executed during odd hours at night under block in limited permitted time. The bidder shall make his own assessment and nothing extra on this account shall be paid unless specified otherwise against an item of BOQ.

Bidding Documents 8. Content of Bidding Documents 8.1 The set of bidding documents comprises the documents listed in the table below and addenda issued in

accordance with Clause 10: Invitation for Bids Section 1 Instructions to Bidders 2 Forms of Bid and Qualification Information 3 Conditions of Contract 4 Contract Data 5 Specifications 6 Drawings 7 Bills of Quantities 8 Forms of Securities 8.2 Deleted 9. Clarification of Bidding Documents 9.1 A prospective bidder requiring any clarification of the bidding documents may notify the Employer in writing or

by cable (hereinafter "cable" includes telex and facsimile) at the Employer's address indicated in the invitation to bid. The Employer will respond to any request for clarification which he received earlier than 15 days prior to the deadline for submission of bids. Copies of the Employer's response will be forwarded to all purchasers of the bidding documents, including a description of the enquiry but without identifying its source.

9.2 Pre-bid meeting 9.2.1 The bidder or his official representative is invited to attend a pre-bid meeting which will take place at MRVC

Ltd. (2nd floor, Churchgate station building, Churchgate, Mumbai-400020) on the time & date mentioned in ( IFB)

9.2.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at

that stage. 9.2.3 The bidder is requested to submit any questions in writing or by cable, e-mail/fax to reach the Employer not

later than one week before the meeting. 9.2.4 Minutes of the meeting, including the text of the questions raised (without identifying the source of enquiry) and

the responses given will be transmitted without delay to all purchasers of the bidding documents. Any modification of the bidding documents listed in Sub-Clause 8.1 which may become necessary as a result of the pre-bid meeting shall be made by the Employer exclusively through the issue of an Addendum pursuant to Clause 10.

9.2.5 Non-attendance at the pre-bid meeting will not be a cause for disqualification of a bidder. 10. Amendment of Bidding Documents

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10.1 Before the deadline for submission of bids, the Employer may modify the bidding documents by issuing addenda.

10.2 Any addendum thus issued shall be part of the bidding documents and shall be communicated in writing or by

cable to all the purchasers of the bidding documents. Prospective bidders shall acknowledge receipt of each addendum by cable to the Employer.

10.3 To give prospective bidders reasonable time in which to take an addendum into account in preparing their bids,

the Employer shall extend as necessary the deadline for submission of bids, in accordance with Sub-Clause 19.2 below.

C. Preparation of Bids

11. Language of the Bid 11.1 All documents relating to the bid shall be in the English language. 12. Documents comprising the Bid 12.1 The bid submitted by the bidder shall comprise the following: (a) The Bid Form (Form 1of Section 2). (b) Bid Security; (c) Qualification Information Form and Documents (Form 2 of Section 2). (d) and any other materials required to be completed and submitted by bidders in accordance with these

instructions. The documents listed under Sections 1, Sections 2, Sections 3, Sections 5, Sections 6 and Sections 7 duly signed should also be submitted in packet in token of acceptance of all tender condition.

12.2 Deleted. 13. Bid Prices 13.1 The contract shall be for the whole works as described in Sub-Clause 1.1, based on the priced Bill Quantities

submitted by the Bidder. 13.2 The Bidder shall fill the rates for all schedules of the Works described in the Bill of Quantities. The total value

of the offer based on the rates quoted shall also be worked out and entered at the bottom. If any of the schedules is omitted by the Bidder, the Bid shall be considered incomplete and is liable to be rejected. Correction/s, if any, shall be made by crossing out, initialing, dating and rewriting.

13.3 All duties, taxes, and other levies payable by the contractor under the contract, or for any other cause shall be

included in the rates, prices and total Bid Price submitted by the Bidder. 13.4 The rates and prices quoted by the bidder are subject to adjustment during the performance of the Contract in

accordance with the provisions of Clause 47 of the General Conditions of Contract. 13.5 Deleted. 14. Currencies of Bid and Payment 14.1 The unit rates and the prices shall be quoted by the bidder entirely in Indian Rupees. 15. Bid Validity 15.1 Bids shall remain valid for a period not less than 90 (Ninety) days after the deadline date for bid submission

specified in Clause 20. A bid valid for a shorter period shall be rejected by the Employer as non-responsive. 15.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer may request that the

bidders may extend the period of validity for a specified additional period. The request and the bidders' responses shall be made in writing or by cable. A bidder may refuse the request without forfeiting his bid security. A bidder agreeing to the request will not be required or permitted to modify his bid but will be

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required to extend the validity of his bid security for a period of the extension, and in compliance with Clause 16 in all respects.

15.3 Deleted. 15.4 Deleted. 16. Bid Security 16.1 The Bidder shall furnish, as part of his Bid, a Bid security in the amount as shown in column 4 of the table of

IFB for this particular work. This bid security shall be in favour of Mumbai Railway Vikas Corporation Ltd. and may be in one of the following forms:

- A bank guarantee issued by a nationalized / scheduled bank located in India or a reputable bank located

abroad in the form given in Section 8; or - Certified cheque, Bank draft or letter of credit in favour of Mumbai Railway Vikas Corporation Ltd.

payable at Mumbai - FDR of nationalized bank duly pledged in favour of Mumbai Railway Vikas Corporation Ltd. 16.2 Bank guarantees issued as surety for the bid shall be valid for 45 days beyond the validity of the bid. 16.3 Any bid not accompanied by an acceptable Bid Security and not secured as indicated in Sub-Clauses 16.1 and

16.2 above shall be rejected by the Employer as non-responsive. 16.4 The Bid Security of unsuccessful bidders will be returned within 28 days of the end of the bid validity period

specified in Sub-Clause 15.1. 16.5 The Bid Security of the successful bidder will be discharged when the bidder has signed the Agreement and

furnished the required Performance Security. 16.6 The Bid Security may be forfeited (a) if the Bidder withdraws the Bid after Bid opening during the period of Bid validity; (b) if the Bidder does not accept the correction of the Bid Price, pursuant to Clause 27; or (c) in the case of a successful Bidder, if the Bidder fails within the specified time limit to (i) sign the Agreement; or (ii) furnish the required Performance Security. 17. Bidders shall submit offers that comply with the requirements of the bidding documents, including the

basic technical design as indicated in the drawing and specifications. Alternatives will not be considered. 18. Format and Signing of Bid 18.1 Deleted. 18.2 The Bid shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to

sign on behalf of the Bidder, pursuant to Sub-Clauses 4.3. All pages of the bid where entries or amendments have been made shall be initialed by the person or persons signing the bid.

18.3 The Bid shall contain no alterations or additions, except those to comply with instructions issued by the

Employer, or as necessary to correct errors made by the bidder, in which case such corrections shall be initialed by the person or persons signing the bid.

18.4 Deleted.

D. Submission of Bids 19. Sealing and Marking of Bids 19.1 The Bidder shall seal the bid (along with bid security) in separate envelopes, duly marking the envelopes. These

envelopes (called as inner envelopes) shall then be put inside one outer envelope.

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19.2 The inner and outer envelopes shall be addressed to the Employer at the following address:

CSTE – II / Mumbai Railway Vikas Corporation Ltd. 2nd floor, Churchgate station Annex building, Churchgate, Mumbai-400 020, and

bear the following identification: - Bid for ....................................................[name of contract, as per IFB] - Bid Reference No....................................[insert number, as per IFB] 19.3 In addition to the identification required in Sub-Clause 19.2, the inner envelopes shall indicate the name and

address of the bidder to enable the bid to be returned unopened in case it is declared late, pursuant to Clause 21. 19.4 If the outer envelope is not sealed and marked as above, the Employer will assume no responsibility for the

misplacement or premature opening of the bid. 20. Deadline for Submission of the Bids 20.1 Bids must be received by the Employer at the address specified above not later than the date and time stipulated

in IFB. In the event of the specified date for the submission of bids declared a holiday for the Employer, the Bids will be received upto the appointed time on the next working day.

20.2 The Employer may extend the deadline for submission of bids by issuing an amendment in accordance with

Clause 10, in which case all rights and obligations of the Employer and the bidders previously subject to the original deadline will then be subject to the new deadline.

21. Late Bids 21.1 Any Bid received by the Employer after the deadline prescribed in Clause 19 will be returned unopened to the

bidder. 22. Modification and Withdrawal of Bids 22.1 Bidders may modify or withdraw their bids by giving notice in writing before the deadline prescribed in Clause

20. 22.2 Each Bidder's modification or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance

with Clause 18 & 19, with the outer and inner envelopes additionally marked "MODIFICATION" or "WITHDRAWAL", as appropriate.

22.3 No bid may be modified after the deadline for submission of Bids. 22.4 Withdrawal or modification of a Bid between the deadline for submission of bids and the expiration of the

original period of bid validity specified in Clause 15.1 above or as extended pursuant to Clause 15.2 may result in the forfeiture of the Bid security pursuant to Clause 16.

22.5 Bidders may offer discounts to, or modify the prices of their Bids only by submitting Bid modifications in

accordance with this clause, or included in the original Bid submission. E. Bid Opening and Evaluation 23. Bid Opening 23.1 The Employer will open all the Bids received (except those received late), including modifications made

pursuant to Clause 22, in the presence of the Bidders or their representatives who choose to attend at on the date, time and the place specified in Clause 20. In the event of the specified date of Bid opening being declared a holiday for the Employer, the Bids will be opened at the appointed time and location on the next working day.

23.2 The bid will be opened soon after the bid has been assessed. Tenderer(s) whose bid has been found suitable will

be duly notified.

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23.3 The Bidders' names, the Bid prices, the total amount of each Bid and of any alternative Bid (if alternatives have been requested or permitted), any discounts, Bid modifications and withdrawals, the presence or absence of Bid security, and such other details as the Employer may consider appropriate, will be announced by the Employer at the opening. No bid shall be rejected at bid opening except for the late bids pursuant to Clause 21. Bids [and modifications] sent pursuant to Clause 22 that are not opened and read out at bid opening will not be considered for further evaluation regardless of the circumstances. Late and withdrawn bids will be returned un-opened to bidders.

23.4 Deleted. 24. Process to Be Confidential 24.1 Information relating to the examination, clarification, evaluation, and comparison of Bids and recommendations

for the award of a contract shall not be disclosed to Bidders or any other persons not officially concerned with such process until the award to the successful Bidder has been announced. Any effort by a Bidder to influence the Employer's processing of Bids or award decisions may result in the rejection of his Bid.

25. Clarification of Bids 25.1 To assist in the examination, evaluation, and comparison of Bids, the Employer may, at his discretion, ask any

Bidder for clarification of his Bid, including breakdowns of the unit rates. The request for clarification and the response shall be in writing or by cable, but no change in the price or substance of the Bid shall be sought, offered, or permitted except as required to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the Bids in accordance with Clause 27.

25.2 Subject to sub-clause 25.1, no Bidder shall contact the Employer on any matter relating to its bid from the time

of the bid opening to the time the contract is awarded. If the Bidder wishes to bring additional information to the notice of the Employer, it should do so in writing.

25.3 Any effort by the Bidder to influence the Employer in the Employer's bid evaluation, bid comparison or contract

award decisions may result in the rejection of the Bidders’ bid. 26. Examination of Bids and Determination of Responsiveness 26.1 Prior to the detailed evaluation of Bids, the Employer will determine whether each Bid (a) meets the eligibility criteria defined in Clause 3; (b) has been properly signed; (c) is accompanied by the required securities and; (d) is substantially responsive to the requirements of the Bidding documents. 26.2 A substantially responsive Bid is one which conforms to all the terms, conditions, and specifications of the

Bidding documents, without material deviation or reservation. A material deviation or reservation is one (a) which affects in any substantial way the scope, quality, or performance of the Works; (b) which limits in any substantial way, inconsistent with the Bidding documents, the Employer's rights or the

Bidder's obligations under the Contract; or (c) whose rectification would affect unfairly the competitive position of other Bidders presenting substantially

responsive Bids. 26.3 If a Bid is not substantially responsive, it will be rejected by the Employer, and may not subsequently be made

responsive by correction or withdrawal of the non-conforming deviation or reservation. 26.4 Deleted. 27. Correction of Errors 27.1 Bids determined to be substantially responsive will be checked by the Employer for any arithmetic errors. Errors

will be corrected by the Employer as follows: (a) where there is a discrepancy between the rates in figures and in words, the rate in words will govern;

and

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(b) where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern.

27.2 The amount stated in the Bid will be adjusted by the Employer in accordance with the above procedure for the

correction of errors and, with the concurrence of the Bidder, shall be considered as binding upon the Bidder. If the Bidder does not accept the corrected amount the Bid will be rejected, and the Bid security may be forfeited in accordance with Sub-Clause 16.6 (b).

28. Deleted. 29. Evaluation and Comparison of Bids 29.1 The Employer will evaluate and compare only the Bids determined to be substantially responsive in accordance

with Clause 26. 29.2 In evaluating the Bids, the Employer will determine for each Bid the evaluated Bid Price by adjusting the Bid

Price as follows: (a) making any correction for errors pursuant to Clause 27; or (b) making an appropriate adjustments for any other acceptable variations, deviations; and (c) making appropriate adjustments to reflect discounts or other price modifications offered in accordance

with Sub Clause 22.5. 29.3 The Employer reserves the right to accept or reject any variation, deviation, or alternative offer. Variations,

deviations, and alternative offers and other factors which are in excess of the requirements of the Bidding documents or otherwise result in unsolicited benefits for the Employer shall not be taken into account in Bid evaluation.

29.4 The estimated effect of the price adjustment conditions under Clause 47 of the Conditions of Contract, during the period of implementation of the Contract, will not be taken into account in Bid evaluation.

29.5 If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineer's estimate of the cost of

work to be performed under the contract, the Employer may require the Bidder to produce detailed price analyses for any or all items of the Bill of Quantities, to demonstrate the internal consistency of those prices with the construction methods and schedule proposed. After evaluation of the price analyses, the Employer may require that the amount of the performance security set forth in Clause 34 be increased at the expense of the successful Bidder to a level sufficient to protect the Employer against financial loss in the event of default of the successful Bidder under the Contract.

30. Deleted.

F. Award of Contract

31. Award Criteria 31.1 Subject to Clause 32, the Employer will award the Contract to the Bidder whose Bid has been shortlisted under

clause 26 and who has offered the lowest evaluated Bid Price. 31.2 Deleted. 32. Employer's Right to Accept any Bid and to Reject any or all Bids 32.1 Notwithstanding Clause 31, the Employer reserves the right to accept or reject any Bid, and to cancel the

Bidding process and reject all Bids, at any time prior to the award of Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the Employer's action.

33. Notification of Award and Signing of Agreement

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33.1 The Bidder whose Bid has been accepted will be notified of the award by the Employer prior to expiration of the Bid validity period by fax, e-mail confirmed by registered letter. This letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance") will state the sum that the Employer will pay the Contractor in consideration of the execution, completion, and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the "Contract Price").

33.2 The notification of award will constitute the formation of the Contract, subject only to the furnishing of a

performance security in accordance with the provisions of Clause 34. 33.3 The Agreement will incorporate all agreements between the Employer and the successful Bidder. It will be

signed by the Employer and kept ready for signature of the successful bidder in the office of employer within 28 days following the notification of award along with the Letter of Acceptance. Within 21 days of receipt, the successful Bidder will sign the Agreement and deliver it to the Employer.

33.4 Upon the furnishing by the successful Bidder of the Performance Security, the Employer will promptly notify

the other Bidders that their Bids have been unsuccessful. 34. Performance Security 34.1 Within 21 days of receipt of the Letter of Acceptance, the successful Bidder shall deliver to the Employer a

Performance Security in any of the forms given below for an amount equivalent to 5% of the Contract price plus additional security for unbalanced Bids in accordance with Clause 27.5 of ITB and Clause 52 of Conditions of Contract:

- A Bank guarantee in the form given in Section 8; or - Certified cheque/Bank draft, in favour of Mumbai Railway Vikas Corporation Ltd. payable at Mumbai 34.2 If the performance security is provided by the successful Bidder in the form of a Bank Guarantee, it shall be

issued either (a) at the Bidder's option, by a Nationalized/Scheduled Indian bank or (b) by a foreign bank located in India and acceptable to the Employer.

34.3 Failure of the successful bidder to comply with the requirements of sub-clause 34.1 shall constitute a breach of

contract, cause for annulment of the award, forfeiture of the bid security, and any such other remedy the Employer may take under the contract, and the Employer may resort to awarding the contract to the next ranked bidder.

35 Advance Payment- DELETED.

36. Adjudicator 36.1 The Employer proposes that Shri V.D.Gautam , Retired Chief Signal & Telecom Engineer (Construction)

Central Railway, D-37, Railway Society, Sector-2, Vashi, Mumbai-400703 , Telephone: 022-27826548 be appointed as Adjudicator under the Contract, at fee and reimbursement mentioned in Contract data. If the Bidder disagrees with this proposal, the Bidder should so state in the Bid. If the Employer does not agree to the appointment of the Adjudicator proposed by bidder, the Adjudicator shall be appointed by Director( Project)/MRVC at the request of either party. (Resume at Annexure –2)

37 Corrupt or Fraudulent Practices 37.1 The Employer requires that Bidders/ suppliers/ Contractors observe the highest standard of ethics during the

procurement and execution of such contracts. In pursuance of this policy, the Employer:

(a) defines, for the purposes of this provision, the terms set forth below as follows:

(i) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the action of a public official in the procurement process or in contract execution;

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(ii) “fraudulent practice” means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract;

(iii) “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of the borrower, designed to establish bid prices at artificial, non competitive levels; and

(iv) “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the procurement process or affect the execution of a contract;

(b) will reject a proposal for award if it determines that the Bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for the Contract in question;

(c) will sanction a firm or individual, including declaring them ineligible, either indefinitely or for a stated period of time, to be awarded a Employer’s contract if it at any time determines that they have, directly or through an agent, engaged, in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing contract; and

37.2 Furthermore, Bidders shall be aware of the provision stated in sub-clause 59.2 and 64 of the Conditions of Contract in Section III.

35 Conditions for Bid Document downloaded from Internet/Website (i) These additional conditions are applicable to bid document downloaded from internet/website.

(ii) Bidders may note that permitting of downloading of bid document is an added facility for convenience of

Bidder. MRVC shall not be responsible for any direct/indirect loss of business/profit resulting from inability to use this facility.

(iii) The Bidder shall download & print the Bid document solely for the purpose of bidding for above work and downloaded document shall not be used, copied or reproduced for any other purpose.

(iv) This bid document (in full) downloaded alongwith the various documents required to be submitted as per the bid conditions in a sealed cover duly subscribing with the name of the work, bid notice no. and date, submission of bid downloaded from the internet, etc. and the same should be dropped in the office of Mumbai Railway Vikas Corporation, 2nd Floor, Churchgate Station Building, Churchgate , Mumbai – 400 020 before the date and time stipulated in the bid document.

(v) The bid documents are available on MRVC website i.e. www.mrvc.indianraiways.gov.in and the same can be downloaded and used as bid document for submitting. The cost of the bid document as indicated in the bid document will have to be deposited by the bidder in the form of bank draft payable in favour of Mumbai Railway Vikas Corporation Ltd along with the bid document. This should be enclosed as a separate demand draft and not to be included in the earnest money. Bid not accompanied with the demand draft towards the cost of the bid document will be summarily rejected.

(vi) The Bidder shall maintain the integrity of downloaded bid document and shall not make any

change/addition/deletion/tampering, whatsoever, in the downloaded documents. The Bidder’s offer shall be rejected and full Bid Security shall be forfeited, in case any change / addition/ deletion / tampering is detected in downloaded documents. In case such modification is noticed even after award of contract, award may be cancelled and bid/performance security be forfeited. In addition MRVC reserves the right to take action against the firm as deemed fit, which may include banning of business dealings with the firm. Firm is also liable to be prosecuted as per the law. After award of work an agreement will be prepared based on the master copy of bid document available in the MRVC’s office. In case, any discrepancy is noted in bid document submitted by Bidder, the Master document kept with MRVC shall prevail and decision of MRVC thereon shall be final and binding on Bidder / Contractor.

(vii) Bidder shall print the bid document on good quality A4 size papers of thickness 75 GSM or above and printed

document shall be clearly legible. The document shall be properly bound and page numbers shall be in serial order as mentioned in downloaded documents. The Bidder shall not be reimbursed with the cost of stationery,

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printing and binding, etc. Further, Bidder shall bear expenses of Internet connection and telephone charges, if any for downloading of bid document.

(viii) The earnest money deposited required for this work as stipulated in the bid document also to be submitted

separately. (ix) Bidders are advised to download bid documents well in advance and submit the bid before the stipulated time.

It is the responsibility of the bidder to check any correction or any modification published subsequently in website and the same shall be taken into account while submitting the bid. Bidder shall download corrigendum (if any), print it out, sign and attach it with the main bid document. Bid document not accompanied by published corrigendum/s is liable to be rejected. The Railway will not be responsible for any postal delay / delay in downloading of bid document from the internet.

(x) The bidders may please note that the rate per item should be written in figures and words in black or blue

indelible ink only. Each page of the bid document should be signed by the bidders. (xi) The declaration in format as Section-2 should be given by the bidders while submitting the bid.

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SECTION 2: FORMS OF BID, QUALIFICATION INFORMATION AND LETTER OF ACCEPTANCE

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Table of Forms: Page No. Form 1- Contractor’s bid 21 Form 2- Qualification information 22 Form 3- Evidence of access to or availability of credit facilities 24 Form 4- Letter of acceptance 25 Form 5- Notice to proceed with the work 26 Form 6- Agreement form 27

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Form 1 BID FORM

Name of the Works: “Supply of material, Installation, Testing & Commissioning of GPS based Digital Clock, Train Indicators, Public Address System and modification in yard layout for TMS in connection of platform extension for running 12 coach EMU rake on HB Line at Mahim, Bandra, Khar Road, Santacruz and Vile Parle stations of Western Railway (MM-ADH Section) under MUTP-II ‘C’”. BID NO. MRVC/W/MM-ADH/HBR/TELE/2013/11 To : Chief Signal & Telecommunication Engineer-II

Address : Mumbai Railway Vikas Corporation Ltd., 2nd floor, Churchgate Railway Station, Annexe building, Churchgate, Mumbai-400 020 GENTLEMEN, Having examined the bidding documents including addendum, we offer to execute the Works described above in accordance with the Conditions of Contract, Specifications, Drawings and Bill of Quantities accompanying this Bid for the Contract Price of _________ [in figures] (__________________________________________________) [in letters].1 We accept the appointment of Shri V.D.Gautam as the Adjudicator. (OR) We do not accept the appointment of Shri V.D.Gautam as the Adjudicator and propose instead that _______________________ be appointed as Adjudicator whose daily fees and biographical data are attached. This Bid and your written acceptance of it shall constitute a binding contract between us. We understand that you are not bound to accept the lowest or any Bid you receive. We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will engage in bribery. We also undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act 1988”. We hereby confirm that all the documents attached with the bid including the certificates attached in support of establishing our eligibility for the bid are true and we take entire responsibility for their truthfulness. We also understand that if any document submitted by us is found false or forged the bid will be summarily rejected and if contract has already been awarded the same shall be terminated forthwith by the employer. In addition to this the employer will be at liberty to initiate process of blacklisting and/or initiate criminal proceedings against us besides forfeiting all the securities. We hereby confirm that this Bid complies with the Eligibility, Bid Validity and Bid Security required by the Bidding documents. Yours faithfully, Authorized Signature: Name & Title of Signatory: ___________________________________________________________ Name of Bidder :Address____________________________________

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Form 2

Qualification Information The information to be filled in by the Bidder in the following pages will be used for purposes of post qualification as provided for in Clause 3 of the Instructions to Bidders. This information will not be incorporated in the Contract. 1. For Individual Bidders 1.1 Constitution or legal status of Bidder [Attach copy] Place of registration: _______________________________ Principal place of business: _______________________________ Power of attorney of signatory of Bid [Attach] 1.2 Total value of Signaling works executed and payments received in the last three years (in Rs. lakhs) 2010 - 2011_____________________* (Clause 4.4 A (a) of ITB 2011 - 2012_____________________ 2012 - 2013_____________________ 2013- 2014 _____________________** * Attach certificate from Chartered Accountant. **Up to the date of opening of bid 1.3 Similar nature of signaling works performed as prime contractor (in the same name) over the last three years and

current financial year for S&T works based on which bidder claims to be eligible for the work. ( Clause 4.4 A ( b) of ITB ).. Project Name

Name of the Employer*

Description of work

Contract No.

Value of contract (Rs. Lakhs)

Actual value of work done (Rs. Lakhs)

Date of issue of work order

Stipulated period of completion

Actual date of completion*

Remarks explaining reasons for delay and work completed

1 2 3 4 5 6 7 8 9 10

* Attach certificate(s) from the Engineer(s)-in-Charge Note: In case the bidder proposes subcontractor, necessary undertaking in the proper format (Form no. 7) along

with other documents to establish credentials shall be submitted along with the bid. 1.4 We have attached list of necessary equipment and machinery owned by us and proposed to be deployed for the

work. 1.5 List of key personnel proposed for administration and execution of the Contract, to be deployed by us is attached. 1.6 Deleted.

1.7 Deleted.

1.8 Name, address, and telephone, telex, and fax numbers of the Bidders' bankers who may provide references if

contacted by the Employer. 1.9 Deleted 1.10 Proposed subcontracts and firms involved. [Refer ITB Clause 3.2 (j)]

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Sections of the works Value of Sub-contract Sub-contractor

(name and address) Experience in similar work

1 2 3 4 * * *

* * *

* * *

* * *

1.11 Proposed of construction in the form of Activity Chart. 2. Deleted 3. Additional Requirements 3.1 Bidders should provide any additional information required to fulfill the requirements of Clause 4 of the

Instructions to the Bidders, if applicable. 4. Declaration for Bid Documents Downloaded From Website

(a) I/We have downloaded the bid from the internet site www.mrvc.indianrailways.gov.in and I/We have not tampered/ modified the bid forms in any manner. In case, if the same is found to be tampered / modified full earnest money deposit will be forfeited and I/We am/are are liable to be banned from doing business with MRVC and/or prosecuted.

(b) I/We submitting a demand draft No._______________ dated _________ issued by

___________________________________ for Rs.____________ towards the cost of bid form.

Signature of Bidder(s) Date:-

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Form 3

DELETED

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Form 4

Letter of Acceptance

(letterhead paper of the Employer)

________________________[date] To: _________________________________________________________________________[name and address of

the Contractor] Dear Sirs, This is to notify you that your Bid dated ____________ for execution of the ________________________

___________________________________________________________ [name of the contract and identification number, as given in the Instructions to Bidders] for the Contract Price of Rupees ——————————— ____________________________________ (_____________) [amount in words and figures], as corrected and modified in accordance with the Instructions to Bidders1 is hereby accepted by our Agency.

We also note that you have accepted/ not accepted appointment of Shri V. D. Gautam as the Adjudicator2. You are hereby requested to furnish Performance Security, plus additional security for unbalanced bids in terms of

ITB clause 29.5, in the form detailed in Para 31.1 of ITB for an amount of Rs.————— within 21 days of the receipt of this letter of acceptance valid upto 28 days from the date of expiry of Defects Liability Period i.e. upto ........... and sign the contract, failing which action as stated in Para 34.3 of ITB will be taken.

Yours faithfully,

Authorized Signature

Name and Title of Signatory

Name of Agency

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Form 5

Issue of Notice to proceed with the work (letterhead of the Employer)

————— (date) To —————————————— (name and address of the Contractor) —————————————— —————————————— Dear Sirs:

Pursuant to your furnishing the requisite security as stipulated in ITB clause 31.1 and signing of the contract

agreement for the construction of —————— @ a Bid Price of Rs.——————, you are hereby instructed to

proceed with the execution of the said works in accordance with the contract documents.

Yours faithfully,

(Signature, name and title of signatory authorized to sign on behalf of Employer)

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Form 6

Agreement Form

Agreement

This agreement, made the ___________________ day of ______________19_______,

between__________________________________________________________________________________________

________________________________[name and address of Employer]

(hereinafter called “the Employer)” of the one part and ______________________________________________

_________________________________________________________________________________________________

_______________________________________________[name and address of contractor] (hereinafter called “the

Contractor” ) of the other part.

Whereas the Employer is desirous that the Contractor execute _____________________________

_________________________________________________________________________________________________

_______________________________________________________________________________[name and

identification number of Contract] (hereinafter called “the Works”) and the Employer has accepted the Bid by the

Contractor for the execution and completion of such Works and the remedying of any defects therein, at a contract price

of Rs.................................................................................

NOW THIS AGREEMENT WITNESSETH as follows: 1. In this Agreement, words and expression shall have the same meanings as are respectively assigned to them in the

Conditions of Contract hereinafter referred to, and they shall be deemed to form and be read and construed as part of this Agreement.

2. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned, the

Contractor hereby covenants with the Employer to execute and complete the Works and remedy any defects therein in conformity in all aspects with the provisions of the Contract.

3. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the

Works and the remedying the defects wherein the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

4. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz.: i) Letter of Acceptance; ii) Notice to proceed with the works; iii) Contractor’s Bid; iv) Contract Data; v) Conditions of contract (including Special Conditions of Contract); vi) Specifications; vii) Bill of Quantities; and

ix) Any other document listed in the Contract Data as forming part of the contract.

In witness whereof the parties thereto have caused this Agreement to be executed the day and year first before written.

The Common Seal of ____________________________________________________________

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was hereunto affixed in the presence of:

Signed, Sealed and Delivered by the said _________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

in the presence of:

Binding Signature of Employer _________________________________________________ ___

Binding Signature of Contractor _____________________________________________________

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SECTION 3:

CONDITIONS OF CONTRACT

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General Conditions of Contract

Table of Contents Page No. Page No. A. General 31 C. Quality Control 37 1. Definitions 31 33. Identifying Defects 37 2. Interpretation 32 34. Tests 37 3. Language and Law 32 35. Correction of Defects 37 4. Engineer's Decisions 32 36. Uncorrected Defects 37 5. Delegation 33 6. Communications 33 7. Subcontracting 33 D. Cost Control 37 8. Other Contractors 33 37. Bill of Quantities 37 9. Personnel 33 38. Changes in the Quantities 37 10. Employer’s & Contractor's Risks 33 39. Variations 37 11. Employer's Risks 33 40. Payments for Variations 37 12. Contractor’s Risks 33 41. Cash Flow Forecasts 38 13. Insurance 33 42. Payment Certificates 38 14. Site Investigation Reports 34 43. Payments 38 15. Queries about the Contract 34 44. Compensation Events 39 Data 45. Tax 39 16. Contractor to Construct the 34 46. Currencies 40 Works 47. Price Adjustments 40 17. The Works to Be Completed by 34 48. Retention 40 the Intended Completion Date 49. Liquidated Damages 40 18. Approval by the Engineer 34 50. Deleted 40 19. Safety 34 51. Advance Payment 40 20. Discoveries 35 52. Securities 41 21. Possession of the Site 35 53. Deleted 41 22. Access to the Site 35 54. Cost of Repairs 41 23. Instructions 35 24. Disputes 35 25. Procedure for Disputes 35 E. Finishing the Contract 41 26. Replacement of Adjudicator 35 55. Completion 41 B. Time Control 56. Taking Over 41 27. Program 35 57. Final Account 51 28. Extension of the Intended 36 58. Operating and Maintenance Manuals 51 Completion Date 59. Termination 51 29. Acceleration 36 60. Payment upon Termination 42 30. Delays Ordered by the 36 61. Property 42 Engineer 62. Release from Performance 42 31. Management Meetings 36 63. Deleted 43 32. Early Warning 36 64. Fraud & Corruption 43

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Conditions of Contract A. General 1. Definitions 1.1 Terms which are defined in the Contract Data are not also defined in the Conditions of Contract but keep their

defined meanings. Capital initials are used to identify defined terms. The Adjudicator is the person appointed jointly by the Employer and the Contractor to resolve disputes in the

first instance, as provided for in Clauses 24 and 25. The name of the Adjudicator is defined in the Contract Data. Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid. Compensation Events are those defined in Clause 44 hereunder. The Completion Date is the date of completion of the Works as certified by the Engineer in accordance with

Sub Clause 55.1. The Contract is the contract between the Employer and the Contractor to execute, complete and maintain the

Works. It consists of the documents listed in Clause 2.3 below. The Contract Data defines the documents and other information which comprise the Contract. The Contractor is a person or corporate body whose Bid to carry out the Works has been accepted by the

Employer. The Contractor's Bid is the completed Bidding document submitted by the Contractor to the Employer. The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with

the provisions of the Contract. Days are calendar days; months are calendar months. A Defect is any part of the Works not completed in accordance with the Contract. The Defects Liability Period is the period named in the Contract Data and calculated from the Completion

Date. The Employer is the party who will employ the Contractor to carry out the Works. The Engineer is the person named in the Contract Data (or any other competent person appointed and notified

to the contractor to act in replacement of the Engineer) who is responsible for supervising the execution of the works and administering the Contract.

Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to construct the Works. The Initial Contract Price is the Contract Price listed in the Employer's Letter of Acceptance. The Intended Completion Date is the date on which it is intended that the Contractor shall complete the

Works. The Intended Completion Date is specified in the Contract Data. The Intended Completion Date may be revised only by the Engineer by issuing an extension of time.

Materials are all supplies, including consumables, used by the contractor for incorporation in the Works. Plant is any integral part of the Works which is to have a mechanical, electrical, electronic or chemical or

biological function.

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The Site is the area defined as such in the Contract Data. Site Investigation Reports are those which were included in the Bidding documents and are factual

interpretative reports about the surface and sub-surface conditions at the site. Specification means the Specification of the Works included in the Contract and any modification or addition

made or approved by the Engineer. The Start Date is given in the Contract Data. It is the date when the Contractor shall commence execution of

the works. It does not necessarily coincide with any of the Site Possession Dates. A Subcontractor is a person or corporate body who has a Contract with the Contractor to carry out a part of the

work in the Contract which includes work on the Site. Temporary Works are works designed, constructed, installed, and removed by the Contractor which are

needed for construction or installation of the Works. A Variation is an instruction given by the Engineer which varies the Works. The Works are what the Contract requires the Contractor to construct, install, and turn over to the Employer, as

defined in the Contract Data. 2. Interpretation 2.1 In interpreting these Conditions of Contract, singular also means plural, male also means female or neuter, and

the other way around. Headings have no significance. Words have their normal meaning under the language of the Contract unless specifically defined. The Engineer will provide instructions clarifying queries about the Conditions of Contract.

2.1.1. In case of conflict among various conditions/specifications, following shall be the order of

priority (in descending order) (i) Description of the item in BOQ. (ii) Any foot note below the item in BOQ. (iii) Item wise specifications. (iv) Specification. (v) Special Conditions of Contract. (vi) General Condition of Contract. In such cases decision of the Engineer shall be final and binding.

2.2 If sectional completion is specified in the Contract Data, references in the Conditions of Contract to the Works,

the Completion Date, and the Intended Completion Date apply to any Section of the Works (other than references to the Completion Date and Intended Completion date for the whole of the Works).

2.3 The documents forming the Contract shall be interpreted in the following order of priority: (1) Agreement (2) Letter of Acceptance, notice to proceed with the works (3) Contractor’s Bid (4) Contract Data (5) Conditions of Contract including Special Conditions of Contract (6) Specifications

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(7) Drawings (8) Bill of Quantities and (9) any other document listed in the Contract Data as forming part of the Contract. 3. Language and Law 3.1 The language of the Contract and the law governing the Contract are stated in the Contract Data. 4. Engineer's Decisions 4.1 Except where otherwise specifically stated, the Engineer will decide contractual matters between the Employer

and the Contractor in the role representing the Employer. 5. Delegation 5.1 The Engineer may delegate any of his duties and responsibilities to other people except to the Adjudicator after

notifying the Contractor and may cancel any delegation after notifying the Contractor. 6. Communications 6.1 Communications between parties which are referred to in the conditions are effective only when in writing. A

notice shall be effective only when it is delivered (in terms of Indian Contract Act). 7. Subcontracting 7.1 The Contractor may subcontract with the approval of the Engineer, but may not assign the Contract without the

approval of the Employer in writing. Sub-contracting does not alter the Contractor’s obligations. 8. Other Contractors 8.1 The Contractor shall cooperate and share the Site with other contractors, public authorities, utilities, and the

Employer between the dates given in the Schedule of Other Contractors. The Contractor shall as referred to in the Contract Data, also provide facilities and services for them as described in the Schedule. The employer may modify the schedule of other contractors and shall notify the contractor of any such modification.

9. Personnel 9.1 The Contractor shall employ the key personnel named in the Schedule of Key Personnel as referred to in the

Contract Data to carry out the functions stated in the Schedule or other personnel approved by the Engineer. The Engineer will approve any proposed replacement of key personnel only if their qualifications, abilities, and relevant experience are substantially equal to or better than those of the personnel listed in the Schedule.

9.2 If the Engineer asks the Contractor to remove a person who is a member of the Contractor’s staff or his work

force stating the reasons the Contractor shall ensure that the person leaves the Site within seven days and has no further connection with the work in the Contract.

10. Employer’s and Contractor's Risks 10.1 The Employer carries the risks which this Contract states are Employer’s risks, and the Contractor carries the

risks which this Contract states are Contractor’s risks. 11. Employer's Risks 11.1 The Employer is responsible for the excepted risks which are (a) in so far as they directly affect the execution of the Works in the Employer’s country, the risks of war,

hostilities, invasion, act of foreign enemies, rebellion, revolution, insurrection or military or usurped power, civil war, riot commotion or disorder (unless restricted to the Contractor’s employees), and contamination from any nuclear fuel or nuclear waste or radioactive toxic explosive, or

(b) a cause due solely to the design of the Works, other than the Contractor’s design.

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12. Contractor’s Risks 12.1 All risks of loss of or damage to physical property and of personal injury and death which arise during and in

consequence of the performance of the Contract other than the excepted risks are the responsibility of the Contractor.

13. Insurance 13.1 The Contractor shall provide, in the joint names of the Employer and the Contractor, insurance cover from the

Start Date to the end of the Defects Liability Period, in the amounts and deductibles stated in the Contract Data for the following events which are due to the Contractor’s risks:

(a) loss of or damage to the Works, Plant and Materials; (b) loss of or damage to Equipment; (c) loss of or damage of property (except the Works, Plant, Materials and Equipment) in connection

with the Contract; and (d) personal injury or death. 13.2 Policies and certificates for insurance shall be delivered by the Contractor to the Engineer for the Engineer’s

approval before the Start Date. All such insurance shall provide for compensation to be payable in the types and proportions of currencies required to rectify the loss or damage incurred.

13.3 If the Contractor does not provide any of the policies and certificates required, the Employer may effect the

insurance which the Contractor should have provided and recover the premiums the Employer has paid from payments otherwise due to the Contractor or, if no payment is due, the payment of the premiums shall be a debt due.

13.4 Alterations to the terms of an insurance shall not be made without the approval of the Engineer. 13.5 Both parties shall comply with any conditions of the insurance policies. 14. Site Investigation Reports 14.1 The Contractor, in preparing the Bid, shall rely on any site Investigation Reports referred to in the Contract

Data, supplemented by any information available to the Bidder. 15. Queries about the Contract Data 15.1 The Engineer will clarify queries on the Contract Data. 16. Contractor to Construct the Works 16.1 The Contractor shall construct and install the Works in accordance with the Specification and Drawings, and as

per instructions of Engineer. 17. The Works to Be Completed by the Intended Completion Date 17.1 The Contractor may commence execution of the Works on the Start Date and shall carry out the Works in

accordance with the program submitted by the Contractor, as updated with the approval of the Engineer, and complete them by the Intended Completion Date.

18. Approval by the Engineer 18.1 The Contractor shall submit Specifications and Drawings showing the proposed Temporary Works to the

Engineer, who is to approve them if they comply with the Specifications and Drawings. 18.2 The Contractor shall be responsible for design of Temporary Works.

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18.3 The Engineer's approval shall not alter the Contractor's responsibility for design of the Temporary Works. 18.4 The Contractor shall obtain approval of third parties to the design of the Temporary Works where required. 18.5 All Drawings prepared by the Contractor for the execution of the temporary or permanent Works, are subject to

prior approval by the Engineer before their use. 19. Safety 19.1 The Contractor shall be responsible for the safety of all activities on the Site. 20. Discoveries 20.1 Anything of historical or other interest or of significant value unexpectedly discovered on the Site is the

property of the Employer. The Contractor is to notify the Engineer of such discoveries and carry out the Engineer's instructions for dealing with them.

21. Possession of the Site 21.1 The site possession shall be as given in contract data. The Employer may give possession of the site in stages

and for any delay in handing over the part of the site the Employer will give suitable extension in completion period. However this will not entitle the Contractor to claim any compensation whatsoever .

22. Access to the Site 22.1 The Contractor shall allow the Engineer and any person authorized by the Engineer access to the Site, to any

place where work in connection with the Contract is being carried out or is intended to be carried out and to any place where materials or plant are being manufactured / fabricated / assembled for the works.

23. Instructions 23.1 The Contractor shall carry out all instructions of the Engineer which comply with the applicable laws where the

Site is located. 23.2 The Contractor shall permit the bank to inspect the Contractor’s accounts and records relating to the

performance of the Contractor and to have them audited by auditors appointed by the Bank, if so required by the Bank.

24. Disputes 24.1 If the Contractor believes that a decision taken by the Engineer was either outside the authority given to the

Engineer by the Contract or that the decision was wrongly taken, the decision shall be referred to the Adjudicator within 14 days of the notification of the Engineer's decision.

25. Procedure for Disputes 25.1 The Adjudicator shall give a decision in writing within 28 days of receipt of a notification of a dispute. 25.2 The Adjudicator shall be paid daily at the rate specified in the Contract Data together with reimbursable

expenses of the types specified in the Contract Data and the cost shall be divided equally between the Employer and the Contractor, whatever decision is reached by the Adjudicator. Either party may refer a decision of the Adjudicator to an Arbitrator within 28 days of the Adjudicator's written decision. If neither party refers the dispute to arbitration within the above 28 days, the Adjudicator's decision will be final and binding.

25.3 The arbitration shall be conducted in accordance with the arbitration procedure stated in the Special Conditions

of Contract. 26. Replacement of Adjudicator

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26.1 Should the Adjudicator resign or die, or should the Employer and the Contractor agree that the Adjudicator is not fulfilling his functions in accordance with the provisions of the Contract, a new Adjudicator will be jointly appointed by the Employer and the Contractor. In case of disagreement between the Employer and the Contractor, within 30 days, the Adjudicator shall be designated by the Appointing Authority designated in the Contract Data at the request of either party, within 14 days of receipt of such request.

B. Time Control

27. Program 27.1 Within the time stated in the Contract Data the Contractor shall submit to the Engineer for approval a Program

including Environmental Management Plan showing the general methods, arrangements, order, and timing for all the activities in the Works along with monthly cash flow forecast.

27.2 An update of the Program shall be a program showing the actual progress achieved on each activity and the

effect of the progress achieved on the timing of the remaining work including any changes to the sequence of the activities.

27.3 The Contractor shall submit to the Engineer, for approval, an updated Program at intervals no longer than the

period stated in the Contract Data. If the Contractor does not submit an updated Program within this period, the Engineer may withhold the amount stated in the Contract Data from the next payment certificate and continue to withhold this amount until the next payment after the date on which the overdue Program has been submitted.

27.4 The Engineer's approval of the Program shall not alter the Contractor's obligations. The Contractor may revise

the Program and submit it to the Engineer again at any time. A revised Program is to show the effect of Variations and Compensation Events.

28. Extension of the Intended Completion Date 28.1 The Engineer shall extend the Intended Completion Date if a Compensation Event occurs or a Variation is

issued which makes it impossible for Completion to be achieved by the Intended Completion Date without the Contractor taking steps to accelerate the remaining work and which would cause the Contractor to incur additional cost.

28.2 The Engineer shall decide whether and by how much to extend the Intended Completion Date within 21 days of

the Contractor asking the Engineer for a decision upon the effect of a Compensation Event or Variation and submitting full supporting information. If the Contractor has failed to give early warning of a delay or has failed to cooperate in dealing with a delay, the delay by this failure shall not be considered in assessing the new Intended Completion Date.

29. Deleted 30. Delays Ordered by the Engineer 30.1 The Engineer may instruct the Contractor to delay the start or progress of any activity within the Works. 31. Management Meetings 31.1 Either the Engineer or the Contractor may require the other to attend a management meeting. The business of a

management meeting shall be to review the plans for remaining work and to deal with matters raised in accordance with the early warning procedure.

31.2 The Engineer shall record the business of management meetings and is to provide copies of his record to those

attending the meeting and to the Employer. The responsibility of the parties for actions to be taken is to be decided by the Engineer either at the management meeting or after the management meeting and stated in writing to all who attended the meeting.

32. Early Warning 32.1 The Contractor is to warn the Engineer at the earliest opportunity of specific likely future events or

circumstances that may adversely affect the quality of the work, increase the Contract Price or delay the

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execution of works. The Engineer may require the Contractor to provide an estimate of the expected effect of the future event or circumstance on the Contract Price and Completion Date. The estimate is to be provided by the Contractor as soon as reasonably possible.

32.2 The Contractor shall cooperate with the Engineer in making and considering proposals for how the effect of

such an event or circumstance can be avoided or reduced by anyone involved in the work and in carrying out any resulting instruction of the Engineer.

C. Quality Control 33. Identifying Defects

33.1 The Engineer shall check the Contractor's work and notify the Contractor of any Defects that are found. Such checking shall not affect the Contractor's responsibilities. The Engineer may instruct the Contractor to search for a Defect and to uncover and test any work that the Engineer considers may have a Defect.

33.2 The contractor shall permit the Employer’s Technical auditor to check the contractor’s work and notify the

Engineer and Contractor of any defects that are found. Such a check shall not affect the Contractor’s or the Engineer’s responsibility as defined in the Contract Agreement.

34. Tests

34.1 If the Engineer instructs the Contractor to carry out a test not specified in the Specification to check whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test and any samples. If there is no Defect the test shall be a Compensation Event.

35. Correction of Defects 35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period,

which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected.

35.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time

specified by the Engineer’s notice. 36. Uncorrected Defects 36.1 If the Contractor has not corrected a Defect within the time specified in the Engineer’s notice, the Engineer will

assess the cost of having the Defect corrected, and the Contractor will pay this amount. Note: Where in certain cases, the technical specifications provide for acceptance of works within specified

tolerance limits at reduced rates, Engineer will certify payments to Contractor accordingly.

D. Cost Control 37. Bill of Quantities 37.1 The Bill of Quantities shall contain items for the supply, execution, installation, testing, and commissioning

work to be done by the contractor.

37.2 The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for the quantity of the work done at the rate in the Bill of Quantities for each item.

38. Changes in the Quantities 38.1 If the final quantity of the work done differs from the quantity in the Bill of Quantities for the particular item by

more than 25 percent , the Engineer shall adjust the rate to allow for the change.

38.2 The Engineer shall not adjust rates from changes in quantities if thereby the Initial Contract Price is exceeded by more than 15 percent, except with the Prior approval of the Employer.

38.3 If requested by the Engineer, the Contractor shall provide the Engineer with a detailed cost breakdown of any rate in the Bill of Quantities.

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39. Variations 39.1 All Variations shall be included in updated Programs produced by the Contractor. 40. Payments for Variations 40.1 The Contractor shall provide the Engineer with a quotation (with breakdown of unit rates) for carrying out the

Variation when requested to do so by the Engineer. The Engineer shall assess the quotation, which shall be given within seven days of the request or within any longer period stated by the Engineer and before the Variation is ordered.

40.2 If the work in the Variation corresponds with an item description in the Bill of Quantities and if, in the opinion of the Engineer, the quantity of work above the limit stated in Sub Clause 38.1 or the timing of its execution do not cause the cost per unit of quantity to change, the rate in the bill of Quantities shall be used to calculate the value of the Variation. If the cost per unit of quantity changes, or if the nature or timing of the work in the Variation does not correspond with items in the Bill of Quantities, the quotation by the Contractor shall be in form of new rates for the relevant items of work.

40.3 If the Contractor's quotation is unreasonable (or if the contractor fails to provide the Engineer with a quotation within a reasonable time specified by the engineer in accordance with Clause 40.1), the Engineer may order the Variation and make a change to the Contract Price which shall be based on Engineer’s own forecast of the effects of the Variation on the Contractor's costs.

40.4 If the Engineer decides that the urgency of varying the work would prevent a quotation being given and considered without delaying the work, no quotation shall be given and the Variation shall be treated as a Compensation Event.

40.5 The Contractor shall not be entitled to additional payment for costs that could have been avoided by giving early warning.

41. Cash flow forecasts 41.1 When the Program is updated, the contractor is to provide the Engineer with an updated cash flow forecast. 42. Payment Certificates 42.1 The Contractor shall submit to the Engineer monthly statements of the estimated value of the work completed

less the cumulative amount certified previously alongwith details of measurement of the quantity of works executed in a tabulated form as approved by the Engineer.

42.2 The Engineer shall check the details given in the Contractor's monthly statement and within 14 days certify the

amounts to be paid to the Contractor after taking into account any credit or debit for the month in question in respect of materials for the works in the relevant amounts and under conditions set forth in sub-clause 51(3) of the Contract Data (Secured Advance).

42.3 The value of work executed shall be determined by the Engineer after due check measurement of the quantities

claimed as executed by the contractor. 42.4 The value of work executed shall comprise the value of the quantities of the items in the Bill of Quantities

completed.. 42.5 The value of work executed shall include the valuation of Variations and Compensation Events. 42.6 The Engineer may exclude any item certified in a previous certificate or reduce the proportion of any item

previously certified in any certificate in the light of later information. 43. Payments 43.1 Payments shall be adjusted for deductions for advance payments, retention, other recoveries in terms of the

contract and taxes, at source, as applicable under the law. The Employer shall pay the Contractor the amounts certified by the Engineer within 28 days of the date of each certificate. If the Employer makes a late payment, the Contractor shall be paid interest on the late payment in the next payment. Interest shall be calculated from

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the date by which the payment should have been made upto the date when the late payment is made at 6% per annum.

43.2 If an amount certified is increased in a later certificate or as a result of an award by the Adjudicator or an

Arbitrator, the Contractor shall be paid interest upon the delayed payment as set out in this clause. Interest shall be calculated from the date upon which the increased amount would have been certified in the absence of dispute.

43.3 Items of the Works for which no rate or price has been entered in will not be paid for by the Employer and shall

be deemed covered by other rates and prices in the Contract. 44. Compensation Events 44.1 The following are Compensation Events unless they are caused by the Contractor: (a) The Employer does not give access to the Site affecting sequence of activities as per the program for

respective milestones stated in the Contract Data. (b) The Employer modifies the schedule of other contractors in a way which affects the work of the

contractor under the contract. (c) The Engineer orders a delay or does not issue, specifications or instructions required for execution

of works on time. (d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work which is

then found to have no Defects. (e) Ground conditions are substantially more adverse than could reasonably have been assumed before

issuance of Letter of Acceptance from the information issued to Bidders, from information available publicly and from visual inspection of the site.

(f) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the

Employer. (g) Other contractors, public authorities, utilities or the Employer does not work within the dates and

other constraints stated in the Contract, and they cause delay or extra cost to the Contractor. (i) The advance payment is delayed. (j) The effect on the Contractor of any of the Employer’s Risks. (k) The Engineer unreasonably delays issuing a Certificate of Completion. (l) Other Compensation Events listed in the Contract Data or mentioned in the Contract. 44.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the

Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is extended. The Engineer shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.

44.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor's forecast cost

has been provided by the Contractor, it is to be assessed by the Engineer and the Contract Price shall be adjusted accordingly. If the Contractor's forecast is deemed unreasonable, the Engineer shall adjust the Contract Price based on Engineer’s own forecast. The Engineer will assume that the Contractor will react competently and promptly to the event.

44.4 The Contractor shall not be entitled to compensation to the extent that the Employer's interests are adversely

affected by the Contractor not having given early warning or not having cooperated with the Engineer. 45. Tax

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45.1 The rates quoted by the Contractor shall be deemed to be inclusive of the sales and other taxes that the Contractor will have to pay for the performance of this Contract. The Employer will perform such duties in regard to the deduction of such taxes at source as per applicable law.

46. Currencies 46.1 All payments shall be made in Indian Rupees. 47. Price Adjustment : Not applicable 48. Retention 48.1 The Employer shall retain from each payment due to the Contractor the proportion stated in the Contract Data

until Completion of the whole of the Works. 48.2 On Completion of the whole of the Works half the total amount retained is repaid to the Contractor and half

when the Defects Liability Period has passed and the Engineer has certified that all Defects notified by the Engineer to the Contractor before the end of this period have been corrected.

48.3 On completion of the whole works, the contractor may substitute retention money (balance half) with an “on

demand” Bank guarantee. 49. Liquidated Damages 49.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the Contract Data for

each day that the Completion Date is later than the Intended Completion Date (for the whole of the works or the milestone as stated in the contract data). The total amount of liquidated damages shall not exceed the amount defined in the Contract Data. The Employer may deduct liquidated damages from payments due to the Contractor. Payment of liquidated damages does not affect the Contractor's liabilities.

49.2 If the Intended Completion Date is extended after liquidated damages have been paid, the Engineer shall correct

any overpayment of liquidated damages by the Contractor by adjusting the next payment certificate. The Contractor shall be paid interest on the over payment calculated from the date of payment to the date of repayment at the rates specified in Sub Clause 43.1.

50. Deleted 51. Advance Payment (DELETED)

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52. Securities 52.1 The Performance Security shall be provided to the Employer no later than the date specified in the Letter of

Acceptance and shall be issued in an amount and form and by a bank or surety acceptable to the Employer, and denominated in Indian Rupees. The Performance Security shall be valid until a date 28 days from the date of expiry of Defects Liability Period and the additional security for unbalanced bids shall be valid until a date 28 days from the date of issue of the certificate of completion. The performance security of a joint venture shall be in the name of the joint venture.

53. Deleted 54. Cost of Repairs 54.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date and the end of

the Defects Correction periods shall be remedied by the Contractor at the Contractor's cost if the loss or damage arises from the Contractor's acts or omissions.

E. Finishing the Contract 55. Completion 55.1 The Contractor shall request the Engineer to issue a Certificate of Completion of the Works and the Engineer

will do so upon deciding that the Work is completed. 56. Taking Over 56.1 The Employer shall take over the Site and the Works within seven days of the Engineer issuing a certificate of

Completion. 57. Final Account 57.1 The Contractor shall supply to the Engineer a detailed account of the total amount that the Contractor considers

payable under the Contract before the end of the Defects Liability Period. The Engineer shall issue a Defect Liability Certificate and certify any final payment that is due to the Contractor within 56 days of receiving the Contractor's account if it is correct and complete. If it is not, the Engineer shall issue within 56 days a schedule that states the scope of the corrections or additions that are necessary. If the Final Account is still unsatisfactory after it has been resubmitted, the Engineer shall decide on the amount payable to the Contractor and issue a payment certificate, within 56 days of receiving the Contractor’s revised account.

58. Operating and Maintenance Manuals 58.1 If “as built” Drawings and/or operating and maintenance manuals are required, the Contractor shall supply them

by the dates stated in the Contract Data. 58.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the Contract Data, or they

do not receive the Engineer’s approval, the Engineer shall withhold the amount stated in the Contract Data from payments due to the Contractor.

59. Termination 59.1 The Employer or the Contractor may terminate the Contract if the other party causes a fundamental breach of

the Contract. 59.2 Fundamental breaches of Contract include, but shall not be limited to the following:

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(a) the Contractor stops work for 28 days when no stoppage of work is shown on the current program and the stoppage has not been authorized by the Engineer;

(b) the Engineer instructs the Contractor to delay the progress of the Works and the instruction is not

withdrawn within 28 days; (c) the Employer or the Contractor is made bankrupt or goes into liquidation other than for a

reconstruction or amalgamation; (d) a payment certified by the Engineer is not paid by the Employer to the Contractor within 56 days of

the date of the Engineer's certificate; (e) the Engineer gives Notice that failure to correct a particular Defect is a fundamental breach of

Contract and the Contractor fails to correct it within a reasonable period of time determined by the Engineer;

(f) the Contractor does not maintain a security which is required; (g) the Contractor has delayed the completion of works by the number of days for which the maximum

amount of liquidated damages can be paid as defined in the Contract data; and (h) if the Contractor, in the judgment of the Purchaser has engaged in fraud and corruption, as defined

in GCC Clause 64, in competing for or in executing the Contract. (i) the contractor (in case of joint venture) has modified the composition of the joint venture and/or the

responsibility of each member of the joint venture from what is stated in joint venture agreement without prior approval of the Employer.

59.3 When either party to the Contract gives notice of a breach of contract to the Engineer for a cause other than

those listed under Sub Clause 59.2 above, the Engineer shall decide whether the breach is fundamental or not. 59.4 Notwithstanding the above, the Employer may terminate the Contract for convenience. 59.5 If the Contract is terminated the Contractor shall stop work immediately, make the Site safe and secure and

leave the Site as soon as reasonably possible. 60. Payment upon Termination 60.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Engineer shall

issue a certificate for the value of the work done less advance payments received up to the date of the issue of the certificate, less other recoveries due in terms of the contract, less taxes due to be deducted at source as per applicable law and less the percentage to apply to the work not completed as indicated in the Contract Data. Additional Liquidated Damages shall not apply. If the total amount due to the Employer exceeds any payment due to the Contractor the difference shall be a debt payable to the Employer.

60.2 If the Contract is terminated at the Employer's convenience or because of a fundamental breach of Contract by

the Employer, the Engineer shall issue a certificate for the value of the work done, the reasonable cost of removal of Equipment, repatriation of the Contractor's personnel employed solely on the Works, and the Contractor's costs of protecting and securing the Works and less advance payments received up to the date of the certificate, less other recoveries due in terms of the contract and less taxes due to be deducted at source as per applicable law.

61. Property 61.1 All materials on the Site, Plant, Equipment, Temporary Works and Works are deemed to be the property of the

Employer, if the Contract is terminated because of a Contractor’s default. 62. Release from Performance 62.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the

Employer or the Contractor the Engineer shall certify that the Contract has been frustrated. The Contractor shall

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make the Site safe and stop work as quickly as possible after receiving this certificate and shall be paid for all work carried out before receiving it and for any work carried out afterwards to which commitment was made.

63. Deleted 64. Fraud and Corruption

64.1 The Employer requires that Bidders, Suppliers, Contractors, and Consultants, observe the highest standard of ethics during the procurement and execution of such contracts. In pursuit of this policy, the Employer:

(a) defines, for the purposes of this provision, the terms set forth below as follows:

(i) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the action of a public official in the procurement process or in contract execution;

(ii) “fraudulent practice” means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract;

(iii) “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of the borrower, designed to establish bid prices at artificial, non competitive levels; and

(iv) “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the procurement process or affect the execution of a contract;

(b) will terminate the contract and sanction a firm or individual, including declaring them ineligible, either indefinitely or for a stated period of time, to be awarded an Employer’s contract if it at any time determines that they have, directly or through an agent, engaged, in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing, an Employer’s contract.

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Special Conditions of Contract Table of Contents

Page No.

1. Labour 45 2. Compliance with labour regulations 45 3. Communication 47 4. Sub Contracting 47 5. Other Contractors 47 6. Site investigation report 47 7. Contractor to construct the work 48 8. Approval by Engineer 48 9 Safety 48 10. Possession of the site 49 11. Approach road to site work 49 12. Instructions 49 13. Arbitration 49 14. Bill of quantities 51 15 Changes in Quantities 51 16. Payments for variation 51 17. Payment Certificates 51 18. Payments & Payment Conditions 52 19. Compensation Events 52 20. Taxes 52 21 Defects Liability Period 53 22. Liquidated Damages 53 23. Advance payment 53 24. Release from contract 53

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Special Conditions of Contract

1. LABOUR : 1.1 The Contractor shall, unless otherwise provided in the Contract, make his own arrangements for the engagement of

all staff and labour, local or other, and for their payment, housing, feeding and transport. 1.2 The Contractor shall, if required by the Engineer, deliver to the Engineer a return in detail, in such form and at such

intervals as the Engineer may prescribe, showing the staff and the numbers of the several classes of labour from time to time employed by the Contractor on the Site and such other information as the Engineer may require.

2. COMPLIANCE WITH LABOUR REGULATIONS : 2.1 During continuance of the contract, the Contractor and his sub contractors shall abide at all times by all existing

labour enactments and rules made there under, regulations, notifications and bye laws of the State or Central Government or local authority and any other labour law (including rules), regulations, bye laws that may be passed or notification that may be issued under any labour law in future either by the State or the Central Government or the local authority. Salient features of some of the major labour laws that are applicable to construction industry are given below. The Contractor shall keep the Employer indemnified in case any action is taken against the Employer by the competent authority on account of contravention of any of the provisions of any Act or rules made there under, regulations or notifications including amendments. If the Employer is caused to pay or reimburse, such amounts as may be necessary to cause or observe, or for non-observance of the provisions stipulated in the notifications/bye laws/Acts/Rules/regulations including amendments, if any, on the part of the Contractor, the Engineer/Employer shall have the right to deduct any money due to the Contractor including his amount of performance security. The Employer/Engineer shall also have right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by the Employer.

2.2 The Contractor shall be responsible for the safety of all employees directly or through petty contractors or sub-

contractors employed by him on the works and shall report serious accidents to any of them however and wherever occurring on the works, to the Engineer or the Engineer’s representative and shall make every arrangement to render all possible assistance.

2.3 The employees of the Contractor and the Sub-Contractor in no case shall be treated as the employees of the

Employer at any point of time. 2.4 SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO

ESTABLISHMENTS ENGAGED IN EARTHWORK AND OTHER CONSTRUCTION WORK (The law as current on the date of bid opening will apply)

a) Workmen Compensation Act 1923: The Act provides for compensation in case of injury by accident arising out

of and during the course of employment. b) Payment of Gratuity Act 1972: Gratuity is payable to an employee under the Act on satisfaction of certain

conditions on separation if an employee has completed 5 years service or more or on death the rate of 15 days wages for every completed year of service. The Act is applicable to all establishments employing 10 or more employees.

c) Employees P.F. and Miscellaneous Provision Act 1952 (since amended): The Act Provides for monthly

contributions by the employer plus workers @ 10% or 8.33%. The benefits payable under the Act are : (i) Pension or family pension on retirement or death, as the case may be. (ii) Deposit linked insurance on the death in harness of the worker. (iii) payment of P.F. accumulation on retirement/death etc. d) Maternity Benefit Act 1951: The Act provides for leave and some other benefits to women employees in case of

confinement or miscarriage etc.

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e) Contract Labour (Regulation & Abolition) Act 1970: The Act provides for certain welfare measures to be provided by the Contractor to contract labour and in case the Contractor fails to provide, the same are required to be provided, by the Principal Employer by Law. The Principal Employer is required to take Certificate of Registration and the Contractor is required to take license from the designated Officer. The Act is applicable to the establishments or Contractor of Principal Employer if they employ 20 or more contract labour.

f) Minimum Wages Act 1948: The Employer is supposed to pay not less than the Minimum Wages fixed by

appropriate Government as per provisions of the Act if the employment is a scheduled employment. Construction of Buildings, Roads, Runways are scheduled employments.

g) Payment of Wages Act 1936: It lays down as to by what date the wages are to be paid, when it will be paid and

what deductions can be made from the wages of the workers. h) Equal Remuneration Act 1979: The Act provides for payment of equal wages for work of equal nature to Male

and Female workers and for not making discrimination against Female employees in the matters of transfers, training and promotions etc.

i) Payment of Bonus Act 1965: The Act is applicable to all establishments employing 20 or more employees. The

Act provides for payments of annual bonus subject to a minimum of 8.33% of wages and maximum of 20% of wages to employees drawing Rs.3500/-per month or less. The bonus to be paid to employees getting Rs.2500/- per month or above upto Rs.3500/- per month shall be worked out by taking wages as Rs.2500/-per month only. The Act does not apply to certain establishments. The newly set-up establishments are exempted for five years in certain circumstances. Some of the State Governments have reduced the employment size from 20 to 10 for the purpose of applicability of this Act.

j) Industrial Disputes Act 1947: The Act lays down the machinery and procedure for resolution of Industrial

disputes, in what situations a strike or lock-out becomes illegal and what are the requirements for laying off or retrenching the employees or closing down the establishment.

k) Industrial Employment (Standing Orders) Act 1946: It is applicable to all establishments employing 100 or more

workmen (employment size reduced by some of the States and Central Government to 50). The Act provides for laying down rules governing the conditions of employment by the Employer on matters provided in the Act and get the same certified by the designated Authority.

l) Child Labour (Prohibition & Regulation) Act 1986: The Act prohibits employment of children below 14 years of

age in certain occupations and processes and provides for regulation of employment of children in all other occupations and processes. Employment of Child Labour is prohibited in Building and Construction Industry.

m) Inter-State Migrant workmen’s (Regulation of Employment & Conditions of Service) Act 1979: The Act is

applicable to an establishment which employs 5 or more inter-state migrant workmen through an intermediary (who has recruited workmen in one state for employment in the establishment situated in another state). The Inter-State migrant workmen, in an establishment to which this Act becomes applicable, are required to be provided certain facilities such as housing, medical aid, travelling expenses from home upto the establishment and back, etc.

n) The Building and Other Construction workers (Regulation of Employment and Conditions of Service) Act 1996

and the Cess Act of 1996: All the establishments who carry on any building or other construction work and employs 10 or more workers are covered under this Act. All such establishments are required to pay cess at the rate not exceeding 2% of the cost of construction as may be modified by the Government. The Employer of the establishment is required to provide safety measures at the Building or construction work and other welfare measures, such as Canteens, First-Aid facilities, Ambulance, Housing accommodations for workers near the work place etc. The Employer to whom the Act applies has to obtain a registration certificate from the Registering Officer appointed by the Government.

o) Provisions of Mines Act 1952:- The Act lays down the rules and regulations for carrying out any mining activity. 2.5 The contractor shall indemnify the employer against claims /damages and compensation under the provision of

payment of wages Act 1986, Minimum Wage Act 1948 and other labour laws. Any payment made by the employer for defaults of the contractor under the Labour Laws will be recovered from contractor.

3. Communication: (Add to Clause 6 of GCC)

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6.2 Service of Notice on Contractor : The Contractor shall furnish to the Engineer the name, designation and address of his authorized agent/agents and all complaints, notices, communications and references shall be deemed to have been duly given to the Contractor on the third day from dispatch if dispatched by courier/speed post and on the seventh day if dispatched by registered post.

4. Subcontracting (Add to Clause 7 of GCC ) 7.2 The contractor shall not be required to obtain any consent from the employer for:

a) the sub-contracting of any part of the Works for which the Sub-contractor is named in the contract; b) the provision of labour; and c) the purchase of materials which are in accordance with the standards specified in the Contract.

(However prior approval of engineer shall be taken for sample/brand of material wherever applicable)

Beyond this if the contractor proposes sub-contracting any part of the work during execution of works, because of some unforeseen circumstances to enable him to complete the work as per terms of the contract, the Engineer will consider the following before according approval:

- The contractor shall not sub-contract the whole of the Works. - The contractor shall not sub-contract any part of the Work without prior consent of the Engineer. Any such

consent shall not relieve the contractor from any liability or obligations under the contract and he shall be responsible for the acts, defaults and neglects of any sub-contractor, his agents or workmen as fully as if they were the acts, defaults or neglects of the contractor, his agents or workmen.

- The Engineer should satisfy whether (a) the circumstances warrant such sub-contracting; and (b) the sub-

contractors so proposed for the Work possess the experience, qualifications and equipment necessary for the job proposed to be entrusted to them in proportion to the quantum of work to be sub-contracted.

- If payments are proposed to be made directly to that sub-contractor, this should be subject to specific

authorization by the prime contractor so that this arrangement does not alter the contractor's liability or obligations under the contract.

- The permitted sub-contracting shall not establish any contract between the subcontractor and the Employer. 7.3 The Contractor shall not assign the contract to another agency.

Note: 1. All bidders are expected to indicate clearly in the bid, if they proposed sub-contracting elements of the works amounting to more than 20 percent of the Bid Price. For each such proposal the qualification and the experience of the identified sub-contractor in the relevant field should be furnished alongwith the bid to enable the employer to satisfy himself about their qualifications before agreeing for such sub-contracting and include it in the contract. In view of the above, normally no additional sub-contracting should arise during execution of the contract.

2 However, [a] sub contracting for certain specialized elements of the work is not unusual and acceptable for carrying

out the works more effectively; but vertical splitting of the works for subcontracting is not acceptable. [b] In any case, proposal for sub-contracting in addition to what was specified in bid and stated in contract agreement will not be acceptable if the value of such additional sub-contracting exceeds 25% of value of work which was to be executed by Contractor without sub-contracting.)

3 Assignment of the contract may be acceptable only under exceptional circumstances such as

insolvencies/liquidation or merger of companies etc

4. For replacing any nominated sub-contractor, the prior consent of engineer required. The engineer should satisfy whether the sub-contractor so proposed possess the experience and qualification for the job proposed to be entrusted to them

5. Other Contractors (Add to Clause 8 of GCC)

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8.2 Contractor to share the site with Railways and other contractors.

The Contractor may have to share the site of work with the Railways and agencies appointed by the Railways to carry out the maintenance and operations of the Trains and commercial activities. The contractor shall be required to share the site of work with other agencies deployed by the employer.

6. Site Investigation Report (Add to Clause 14 of GCC)

14.2 Pre-bid Inspection of Site by the Contractor

It is understood that the Contractor by careful examination has satisfied himself as to the nature and location of the work and the ground conditions. Contractor must keep in mind the road traffic regulation in the area, availability of approach roads to the site of works and frequency of trains in the project area before quoting his rates.

7. Contractor to construct the work (Add to Clause 16 of GCC): 16.2 The contractor shall take all reasonable steps to protect the environment on and off the Site and to avoid damage

or nuisance to persons or to property of the public or others resulting from pollution, noise or other causes arising as a consequence of his methods of operation.

16.3 The Contractor shall correctly set out all works in relation to original points, lines and levels of reference at his

cost. The Contractor shall execute the work true to alignment, grade, levels and dimensions as shown in the drawing and as directed by the Engineer. The Contractor shall facilitate Engineer to check all alignments, grades, levels and dimensions and shall rectify any errors noticed at his own cost. The Contractor shall carefully protect and preserve all benchmarks, sight rails, pegs and other things used in setting out the work.

16.4 Considering the limited availability of Railway land, contractor will have to make his own arrangement for

stacking of material, labour camp and site office. However, Railway land in the vicinity will be offered free of cost, subject to availability, on specific requests by contractor. The contractor at his own expense shall engage watchmen for guarding the materials plants and machinery and the work during day and night, against pilferage and theft.

16.5 Contractor shall arrange his own water supply at his cost for the works and other purposes. 16.6 At the end of each spell of work and on completion of the work, the Contractor shall, leave the tracks, work sites,

and their approaches etc. cleared of rubbish and obstruction of all kinds according to the instructions of the Engineer. If within a fortnight of completion of the particular item of site work the refuse is not cleared, the Engineer will arrange to get them removed at the cost of the Contractor. However, before the Engineer actually gets the site cleared he shall send an intimation in writing to the Contractor expressing his intention.

16.7 Contractor shall carry out the work without affecting underground /aerial cables, wires, poles, water supply and

gas transmission lines and Railway track. 16.8 In the event of any accident, failure or emergency requiring immediate attention, the employer/ Railway may

bring its own workmen or other agency to execute or partly execute necessary work or carry out repairs, if the engineer consider that the contractor is not in a position to do so in time and charge the cost thereof to the contractor which will be decided by Employer. The decision of employer regarding need of the emergency work and its cost will be final and binding on the contractor.

8. Approval by Engineer (Add to Clause 18 of GCC)

18.6 Temporary Works

All temporary works, necessary for the proper execution of the work shall be provided and maintained by the Contractor and subject to the consent of the Engineer shall be removed at his expenses when they are no longer required and in such manner as the Engineer shall direct. In the event of failure on the part of the Contractor to remove the temporary works, the Engineer will get them removed and cost as incurred, including supervision and other incidental charges shall be recovered from the Contractor from his dues or performance security.

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9. Safety (Add to Clause 19 of GCC) 19.2 Safety Precaution during progress of works :-

The works under the Contract are to be executed on and in the vicinity of the Railway Tracks. Railways will continue their normal maintenance and operation of their assets during the progress of the works under this Contract.

(a) During the execution of work, unless otherwise specified, the Contractor shall at his own cost provide for all for the stability and safety of all structures, and shall ensure that no damage, injury or loss is caused or likely to be caused to any person or property.

(b) During the course of execution all care should be taken that Railway / road traffic is not hindered by the stacked

materials. (c) The Contractor shall be responsible to take all precaution to ensure the safety of the public whether on public or

Railway area and shall post such look-out men as may in the opinion of the Engineer be required to comply with the regulations pertaining to the work.

(d) If and when, in the course of the work there is likely to be any danger to persons in the employment of the

contractor due to running traffic while working in the Railway premises, the contractor shall provide necessary protection.

(e) The Employer and his representative/s shall remain indemnified by the contractor in the event of any accident

occurring in the normal course of work, arising out of the failure of the contractor or his men to exercise reasonable precaution at all places of work. The employer, if required, may take necessary safety measures at the cost of contractor.

19.3 Use of Explosive: -

Explosive shall not be used on the works or on the site. 19.4 Plying of contractor’s vehicle in the vicinity of Rail way track

While plying vehicles in the vicinity of railway track, the contractor shall ensure the following obligatory conditions:

(i) The road vehicles will ply only between sunrise and sunset. (ii) The vehicles shall ply 6 m clear of track. Any movement/work at less than 6 m and up to minimum 3.5

m clear of track center, shall be done only in the presence of person authorised by the Engineer. No part of the road vehicle will be allowed at less than 3.5 m from track center.

(iii) The Contractor shall remain fully responsible for ensuring safety. (iv) Engineer may impose any other condition necessary for a particular work or site for safety. (v) Any breach of above condition by contractor affecting safety of movement of trains shall constitute a

breach of contract by contractor entailing liability for termination of contract for default. (vi) The contractor should provide warning tapes at his own cost at the prescribed safe distance from the

running track to ply his vehicles.

10. Deleted. 11. Approach road to site of work (Add to Clause 22 of GCC) 22.2 The contractor should study the approachability to the work site. Contractor may have to make temporary

approach roads at his own cost by taking permission from concerned authorities, private persons and maintain it. Employer and other agencies will have access to for inspection and other works without paying any charges.

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12. Instructions (Add to Clause 23 of GCC) 23.3 Any instruction or approval given by the Engineer to the Contractor in connection with the works shall bind the

Contractor, If the Contractor is dissatisfied by reason of any decision of the Engineer he shall be entitled to refer the matter to the Employer who shall there upon confirm, or vary such decision.

13. Arbitration (Add to Clause 25. 3 of GCC)

The procedure for Arbitration will be as follows:

25.3 (a) Procedure for Appointment of Arbitrators:

In case of a dispute or difference arising between the Employer and the Contractor relating to any matter arising out of or connected with this Agreement, such disputes or differences shall be settled in accordance with the Arbitration and Conciliation Act, 1996. The Arbitral Tribunal shall consist of a panel of three members as Arbitrators. For this purpose the Managing Director of the Mumbai Railway Vikas Corporation or his successor will send a panel of more than three names of officers, of appropriate status, of the Employer or of the Indian Railways to the Contractor who will be asked to suggest to the Managing Director up to two names out of the panel for appointment as Contractor’s nominee. The Managing Director shall appoint one of them as the Contractor’s nominee and will also simultaneously appoint the balance number of Arbitrators either from the panel or from outside the panel , duly indicating the Presiding Arbitrator from amongst the three Arbitrators so appointed.

25.3 (b) Replacement of Arbitrator/s

If one or more arbitrator appointed as above refuses to act as arbitrator, withdraws from his office as arbitrator or vacates his/ their office/ offices or is/ are unable or unwilling to perform his function as arbitrator for any reason whatsoever or dies or in the opinion of the Managing Director of the Employer fails to act, then without undue delay the Managing Director of the Employer shall appoint new arbitrator/ arbitrators to act in his/ their place in the same manner in which the earlier arbitrator/ arbitrators had been appointed. Such reconstituted tribunal may at its discretion proceed with the reference from the stage at which the previous arbitrator(s) left it.

25.3 ( c )

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

25.3 (d)

The Arbitral Tribunal shall have power to call such evidence by way of affidavits or otherwise as the arbitral tribunal shall think proper and it shall be the duty of the parties hereto to do or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the award without any delay. 25.3 (e) Arbitration Award :

(i) The arbitral award shall state item wise, the sum and reason upon it is based. (ii) A party may apply for correction of any computational errors, any typographical or clerical errors

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

(iii) A party may apply to tribunal within 30 days of receipt of award to make an additional awards as

to claims presented in the arbitral proceeding but omitted from the arbitral award.

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

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(v) Where the arbitral award is for the payment of money, no interest shall be payable on whole or any

part of money for any period till the date on which the award is made. 25.3 (f) The cost of arbitration shall be borne by the respective parties. The cost shall inter-alia include fee of

the arbitrator(s) as per the rates fixed by the Employer from time to time. 25.3 (g) Subject to the provision of the aforesaid Arbitration and Conciliation Act 1996 and the rules there

under and any statutory notification thereof shall apply to the arbitration proceedings under the clause.

14. Bill of Quantities (Add to Clause 37 of GCC) 37.3 Rates for Items of Work :

The rates entered in the accepted Bill of Quantities of the Contract provide for works duly and properly completed in accordance with General and Special conditions of the Contract and the specifications together with such changes in the quantities as may be ordered in terms of clause 38 of GCC.

15. Changes in Quantities (Alter Clause 38 of GCC) Replace clauses 38.1 of GCC as under

38.1 If the actual quantity of a particular item increases from the quantity of Bill of Quantities for this item by more

than 25%, the accepted rate of the item is liable for adjustment. No rate adjustment will however be permissible on any reduction in the quantity or deletion of the item.

a) In case of earth work, the variation limit specified above 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. b) In case of foundation work, Digging of trenches, laying of cables , no variation limit shall apply and the work

shall be carried out by the contractor on agreed rates irrespective of any variation.

38.2 Deleted.

16. Payment for variations (Alter Clause 40 of GCC)

Replace clause 40 of GCC as under

40.1 In case of variation above the limit specified in clause 38.1 above, or operation of new items not covered in Bill of Quantities, Engineer shall obtain the quotation (with breakdown of unit rates) from market before variation is ordered.

40.2 If the work in the Variation corresponds with an item description in the Bill of Quantities and if, in the opinion of the Engineer, the quantity of work above the limit stated in Clause 38.1 or the timing of its execution do not cause the cost per unit of quantity to change, the rate in the Bill of Quantities shall be used to calculate the value of the Variation. If the cost per unit of quantity changes, or if the nature or timing of the work in the Variation does not correspond with items in the Bill of Quantities, the quotation shall be in the form of new rates for the relevant items of work.

40.3 If in the opinion of contractor, the Engineer’s quotation is not reasonable, contractor may request in writing within 7 days of Engineer’s decision to Employer for review. The decision of employer on rates shall be final and binding on the contractor.

17. Payment Certificates (Add to Clause 42 of GCC) 42.7 Quantities in schedule annexed to contract-

The quantities in the Bill of Quantities are the estimated quantities of the works and variations as per actual requirements shall be executed by the contractors in fulfillment of his obligations under the contract.

18. Payments & Payment condition (Add to clause 43 of GCC)

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43.4 The Contractor shall be entitled to be paid from time to time by way of “On-account” payments, only for such work as in the opinion of the Engineer ,contractor has executed in terms of the Contract. Normally payments shall be made on a monthly basis for the works executed upto the last day of the calendar month.

43.5 Payment shall be made through Electronic Clearance System (ECS). Contractor should give the details of bank

account, as given below.

Name of Bank : Address of Bank : Title of Bank Account :

Bank Account Number : Bank Telephone Number : Bank’s ECS code :

43.6 Payment Conditions: 43.6..1 Supply items:

a) 80% of the accepted cost of the supply items of the Schedule [duly inspected by the nominated Inspection Authority] will be paid on receipt of the equipment by the Consignee. Since the materials will be in the possession of the contractor, he shall arrange irrevocable indemnity bond for the payment.

b) 10% of the accepted cost of supply (in addition to the 80% released above) shall be paid after installation / erection of that particular equipment.

c) Balance 10% cost of the material supplied shall be paid after commissioning of the station. d) 100% will be paid for spares and for items, which are not required to be erected by the contractor on

receipt of the equipment and no loss certificate by the consignee. 43.6.2 Execution items:

a) 90% on account payment will be made on the basis of the measurements recorded. b) The balance 10% will be paid after commissioning of the station.

43.6.3 For mixed items where supply and erection/installation cost is taken together , 90% payment will be made on

installation of the item and balance 10% will be paid on commissioning of the station. 43.7 However the payment shall be released against bank guarantee of equal amount, if commissioning is held up on

Railway's account for period of more than 3 months after the installation is tested and kept ready for commissioning by the contractor to the full satisfaction of the railways.

43.8 If the contractor supplies all the material of supply schedule during the intended completion period but the

material is not installed/commissioned on Railways /Employer’s account, then the contractor’s payment due to him shall be released, against bank guarantee of equal amount, after intended completion period of the contract.

43.9 FORM OF INDEMNITY BOND TO BE EXECUTED BY THE CONTRACTOR FOR THE SUPPLY

ITEMS BROUGHT TO SITE IN INSTALLMENTS (Ref. Clause 43.6.1 above). The format of indemnity bond is given on page no xxx toxxx.

19. Compensation Events (Add to Clause 44 of GCC) 44.5 The contractor shall not be entitled to any compensation or claim after having signed a ‘No Claim Certificate’ in

favour of the Employer, after the works are finally measured up. 44.6 Arising of a compensation event or pending finalization of case will not be the reason for stoppage of work by the

contractor unless same is ordered by Engineer. 20. Tax (Add to Clause 45 of GCC) 45.2 The rate quoted by the contractor shall be deemed to be inclusive of all taxes, duties, cess, royalty, VAT, Service

tax etc., as on date of opening of bids, which is leviable on execution of the said contract under State law. However, if there is any variation in such tax, duties, cess, royalty, VAT, service tax etc, subsequent to date of

- - 53

opening of bids, due to change in State Statute, Ordinance, Decree, Law, Regulation or Bye-law, then the additional cost of work due to all such revisions/introduction shall be reimbursed by the employer in case the contractor provides adequate documentary evidence in support of the same. This will however, apply both ways i.e. while the additional cost shall be reimbursed to the contractor, the benefit of reduction in all such taxes shall be passed on to the employer. Further all statutory deductions of TDS for income tax and Works contract tax etc shall be made from the amount paid or payable to the contractor & shall be deposited to the Government authority by the Employer as per applicable laws. The Employer shall issue the documents/ forms/ certificate as prescribed under the relevant law in respect of the amount so deducted from the amount paid or payable to the contractor. The Employer shall have full rights to with hold the amount payable to the contractor in pursuant to this contract, if contractor does not fulfill the obligation under any state or central law relating to execution of said contract & Employer shall have the right to recover such payments from the contractor.

21. Price Adjustment : NA 22. Retention (Add to clause 48 of GCC) 48.4 The contractor shall have option of submitting a Fixed Deposit Receipt (FDR) issued by a Nationalized bank,

duly pledged in favour of Mumbai Railway Vikas Corporation Ltd for 2% of the contract amount for Retention money in lieu of deduction from running bills. The FDR should be submitted before raising first monthly bill.

23. Liquidated Damages (Alter clause 49.1of GCC) Please substitute the last sentence with the following: The payment or deduction of liquidated damages shall not relieve the contractor from his obligation to complete

the work as per agreed construction program and milestones or from any other of the contractor’s obligations and liabilities under the contract.”

24. Release from contract (Add to clause 62 of GCC) 62.2 If a work is transferred from the jurisdiction of the Employer to another Project Authority while the Contract is

in existence, the Contract shall be binding on the Contractor and the Successor Project Authority in the same manner & take effect in all respects as if the Contractor and the Successor Project Authority were parties thereto from the inception and the corresponding officer or the competent authority in the Successor Project Authority will exercise the same powers and enjoy the same authority as conferred to the Predecessor Employer under the original Contract / agreement entered into.

- - 54

SECTION 4: CONTRACT DATA

- - 55

Contract data The following documents are also part of the Contract: Reference of

GCC Clause Remarks

The Schedule of Operating and Maintenance Manuals

[58] NA

The Schedule of Other Contractors [8] Contractor should coordinate with other contractors employed by the Employer and Railways in the vicinity

The Schedule of Key personnel [9] The bidder should submit list of key personnel proposed for administration and execution of the Contract in accordance with Sub Clause 3.2 (e) of instructions to Bidders and Sub Clause 9.1 of the Conditions of Contract

The Methodology and Program of Execution

[27] The bidder should submit proposed Methodology and Program of Execution.

Site investigation reports [14] Bidders are advised to visit the sites of work to assess the proposed indoor /outdoor signaling works, Cable laying and diversion , foundations, Location box/Signal erection, Electric operated lifting barrier requirements including Multi Section Digital Axle Counters etc. and prevailing site conditions in their own interest before quoting their offer.

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The relevant clause of Contract conditions shall be read with the meanings given hereunder;

Description Remarks Reference Clause

The Borrower is

Mumbai Railway Vikas Corporation Limited, PSU of Ministry of Railways, Government of India

[1.1]

The Employer is

Mumbai Railway Vikas Corporation Limited, 2nd floor, Churchgate station building, Churchgate, Mumbai-400 020 Tel: +91-22-22014623 Fax: + 91-22-22096972 Website: www.mrvc.indianrailways.gov.in Authorised Representatives 1. Director Projects, MRVC Tel: +91 22 2200 0902 E-mail: dirpmrvc@gmail.com 2. Chief Project Manger, MRVC Tel. 022-2209 2620 E-mail: cpmmrvc@gmail.com

[1.1]

The Engineer is

Chief Signal & Telecommunication Engineer-II Mumbai Railway Vikas Corporation Limited, 2nd floor, Churchgate station building, Churchgate, Mumbai-400 020 Tel. No. 022-2201 4624 email- csteII@mrvc.gov.in FAX 91-22- 22096972 Authorised Representatives : I) Assistant Signal & telecommunication Engineer (Project)/MRVC ii) Senior Section Engineer/S&T, MRVC

[1.1]

The Adjudicator appointed jointly by the Employer and Contractor is

*Name :_Shri V.D.Gautam, Retired Chief Signal & Telecom Engineer (Construction) Central Railway *Address : D-37, Railway Society, Sector-2, Vashi, Mumbai-400703 Telephone: 022-27826548

[1.1]

Identification No.of contract is

BID NO: MRVC/W/MM-ADH/HBR/TELE/2013/11

[1.1]

The Site is located at

The sites are located at Mahim, Bandra, Khar Road, Santacruz & Vile Parle Stations on Churchgate –Virar suburban sections of Western Railway.

[1.1]

The Work consists of:

Supply of material, Installation, Testing & Commissioning of GPS based Digital Clock, Train Indicators, Public Address System and modification in yard layout for TMS in connection of platform extension for running 12 coach EMU rake on Harbour Line at Mahim, Bandra, Khar Road, Santacruz and Vile Parle stations of Western Railway (MM-ADH Section) under MUTP-II ‘C’.

[1.1]

The Start date shall be

The date of issue of Notice to proceed with the work.

[1.1]

Intended Completion Date is

12 months (including monsoon) after the date of start.

[1.1], [17], [28]

Defect liability period

Defect liability period is Twelve months from the date of certification of completion of the full work.

[1.1],[ 35.1]

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Description Remarks Reference Clause

Specification As stated in Bill of Quantity, Special Conditions of Contract & technical specification in Bid documents.

[1.1]

Sectional completion

Not applicable. [2.2]

Any other document forming part of contract

Nil [2.3 (9)]

The Language of contract document is

English. [3.1]

The Law which applies to the contract is

Laws of Union of India. [3.1]

Insurance requirements are

Insurance requirement for each Lot is as under :

Minimum cover for insurance

Maximum deductible for insurance

(i) Works and Plants and Materials

2 Lacs 10,000/-

(ii) Loss or damage to Equipment

2 Lacs 10,000/-

(iii) Other Property 2 Lacs 10,000/- (iv) Personal injury or death

insurance

(a) for other people 10 Lacs Nil (b)for Contractor’s employees

In accordance with the statutory requirements applicable in India.

Nil

[13.1]

The Site Possession dates shall be

Site to start the work shall be made available in phases as and when required after issue of notice to proceed with the work. Site for alteration/interfacing with existing gears requiring block will be made available depending upon its availability from Western Railway .

[21.1]

Fees and type of reimbursable expenses to be paid to the Adjudicator.

Fees – Per hearing/site visit – Rs.2500/- per day subject to minimum Rs.5,000/- for each adjudication. Reimbursable .- Secretarial assistance-Rs.500/- per day.

[25.2]

Appointing authority for the Replacement of adjudicator

Director (Project)/MRVC. [26.1]

The Contractor shall submit a Program for the Works (in

The contractor shall submit Program for the Works within 15 days of delivery of the Letter of Acceptance. [This program should be in adequate detail and generally conform to the program

[27.1]

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Description Remarks Reference Clause

such form and detail as the Engineer shall reasonably prescribe)

submitted along with bid in response to ITB clause 4.2(k) .Deviations if any from that should be clearly explained and should be satisfactory to the Engineer. ]

The period between Programme Update shall be -

30 days. [27.3]

The amount to be withheld for late submission of an updated programme shall be -

Rs.1,000/- [27.3]

The following events shall also be compensation events.

Nil [44.1 (l)]

Price adjustment

Not applicable [47.1]

The proportion of payments retained (retention money) shall be

3% from each bill subject to a maximum of 2% of final contract price. [48.1]

The Liquidated damages for the whole of the works and that for the milestone are-

Liquidated damages for the whole of the works shall be Rs.1,000/- per day

[49.1]

The maximum amount of liquidated damages for the whole of the works is

10% of the final contract price. [49.1]

The amount of Advance payment is

DELETED

[51.1], [51.4]

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Description Remarks Reference Clause

Performance Security

The securities shall be for the following minimum amounts equivalent as a percentage of the Contract Price: Performance security for 5 percent of contract price plus Rs ---* as additional security in terms of ITB Clause 31.1 The standard form of Performance Security acceptable to the Employer shall be an unconditional Bank Guarantee of the types as presented in Section 8 of the Bidding Documents. *Additional Performance security to be paid by the selected bidder towards unbalanced bid shall be calculated by following method; (a)No additional Performance Security towards unbalanced bid will be due for the bids if the quoted percentage is upto and inclusive of 10% below the cost put to tender. (b) If the bid offer is anything more than 10% below compared to the cost put to tender, the unbalanced cost for performance security will be worked out by taking 100% difference between the 90% cost put to tender and that of offer of the bidder.

[52.1]

Operating and maintenance manual, as Built drawings.

N.A. [58.1]

The amount to be withheld for failing to supply “As built” drawings by the date required is

N.A. [58.2]

Additional fundamental breaches of contract

The following events shall also be fundamental breach of contract: 1. The Contractor has contravened Sub-clause 7 of GCC read with SCC and Clause 9.0 of GCC 2. The contractor does not adhered to the agreed program and also fails to take

satisfactory remedial action as per agreements reached in the management meetings (Clause 31 of GCC) for a period of 15 days.

3. The contractor fails to carry out of the instructions of Engineer within a reasonable time determined by the Engineer in accordance with GCC Clause 16.1 and 23.1.

[59.2]

The percentage to apply to the value of the work not completed representing the Employer’s additional cost for completing the Works shall be

20 percent subject to a minimum amount equal to performance security and security deposit deducted till date of termination.

[60.1]

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Description Remarks Reference Clause

Recovery Cess Charges

The tenderer for carrying out any construction work in Maharashtra state must get themselves registered from registering officer under section-7 of the building and other construction workers Act,1996 and rules made there to by the Maharashtra state govt. and submit certificate of registration issued from the registering officer of the Maharashtra state govt.(labour dept.)The tenderer shall be required to pay cess @1% of cost of construction work to be deducted from each bill. Cost of material shall be outside the perview of cess, when supplied under the separate schedule item.

New Clause

61

SECTION 5: SPECIFICATIONS

62

Part-I

EMPLOYER’S REQUIREMENTS – GENERAL SPECIFICATIONS

63

PART I - GENERAL SPECIFICATIONS

TABLE OF CONTENTS

Sr. No.

Description Page No.

1 General

64

2 Planning, Programme and Progress Monitoring

65

3 Management Plans

66

4 Records

66

5 Quality Management

66

6 Materials and Equipment

66

7 Packaging, Storage, Shipping and Delivery

68

8 Site Establishment and Attendance

68

9 Liaison & approvals with Others

69

10 Prevention of Mosquito Breeding

69

11 Health and Safety

69

12 Environmental Protection requirements 72

13 Photographs and Videos 72

14 Safety while working near the running lines 72

64

1. General

1.1 Application of the General Specification (GS)

1.1.1 The provisions contained in the Particular Specification (PS) and the Employer’s Drawings shall prevail over the provisions contained in this GS.

1.1.2 This GS shall be read in conjunction with the other documents constituting the Contract.

1.2 Definitions

(1) “Commissioning” means the process of setting to work the complete works through a series of

integrated test that demonstrate the installation and performance of Works in accordance with the specified criteria.

(2) “Installation Tests” means the tests to be performed to verify the conformity of completion of an

installation/assembly to the design documents approved by the Engineer.

(3) “Quality Control Point” means a point in time when a notice or other document is to be submitted to the Engineer in accordance with the Contract before the Contractor can commence, proceed with or terminate an activity.

(4) “Quality Hold Point” means a point in time when a notice of no objection by the Engineer is

required.

(5) “Integrated Testing and Commissioning” means those tests that demonstrate the integration of the complete Works, meeting the requirements of the Specification in an operating environment. Integrated Testing and Commissioning form part of the tests on Completion to be performed by the Contractor in order to achieve Employer’s taking over of the Works or any Section.

(6) “Validation” means the process of confirming by examination and provision of objective evidence,

that the specified requirements have been incorporated within design.

1.3 Submission for Approval

1.3.1 Documents, drawings, specifications, calculations, technical papers, material samples, methods of construction and any other matters which have been approved by the Engineer shall not be changed. If any changes are required to be made the Contractor shall once again seek the approval of the Engineer for any such changes.

1.3.2 Submissions for approval of the Engineer shall be made as stated in the GS and/or the PS. For items not

specially given a submission date in the Specification, submission shall be strictly in accordance with the agreed Submission Programme or as directed by the Engineer.

1.4 Standards Codes of Practice 1.4.1 Unless otherwise stated in the Contract, reference in the GS to Indian Railway Standards, Indian

Railway Manuals, Indian Railway Codes of Practice, BIS Codes & specification shall be to that edition of the document stated in the PS, including all latest amendments issued by the relevant authority. In the event that no specific edition reference is given, the current edition as at the date of opening of Bid shall apply.

1.4.2 Deleted 1.5 Employer’s Drawings 1.5.1 The Contractor shall carefully check all Employer’s Drawings and advise the Engineer of discrepancies,

omissions, errors or ambiguities should any be found.

65

1.5.2 Dimensions shall not be obtained by scaling from the Employer’s Drawings. Dimensions that are not shown or are not calculated from dimensions shown on Employer’s Drawings shall be obtained from the Engineer.

1.6 Safety Management

Safety of staff and general public is paramount for Railway work. Prime consideration shall be given to

all the issues that can have an effect on safety. The Contractor shall evolve & implement the Safety Management Requirements, in consultation with the Engineer.

. 1.7 Survey and Site Investigations

1.7.1 The Contractor shall carry out all further site investigations necessary for the Signalling Works and to

enable the determination of the methods of execution , interfacing with the existing installations and the nature, extent and design of Temporary Works.

2. Planning, programme and progress monitoring

2.1 Planning 2.1.1 The Contractor shall develop in detail, a logical method of executing the Works taking into account their

complex nature and different phase and shall provide programmes which reflect the detailed planning undertaken.

2.1.2 Within 21 days of the Commencement Date of the Works, the Contractor shall submit for review by the

Engineer, his proposed version of the Works Programme which shall provide full programme details for the complete period of the Contract. The Works Programme shall be divided into Major activities and minor activities. A master Gantt chart for major activities shall be prepared and separate Gantt charts indicating minor activities for every major activity shall also be prepared. Separate resource planning shall also be submitted to achieve identified tasks/activities.

2.2 Works Programme Revisions

2.2.1 The Contractor shall immediately notify the Engineer in writing of the need for any change in the Works

Programme, whether due to a change of intention or circumstances or for any other reason, where such a proposed change affects the timely completion of the Works or any Section or Stage; the Contractor shall also submit for the Engineer’s approval proposed revised Works Programme.

2.2.2 If at any time the Engineer considers the actual or anticipated progress of the work reflects a significant

deviation from the Works Programme, he may request the Contractor to submit a revised works Programme. Upon receipt of such a request the Contractor shall submit a revised works Programme that shall demonstrate the means by which the Contractor intends to eliminate the deviation. Based on the Contractor’s revisions the Engineer shall revise the Bar Charts and PERT charts and the Contractor shall follow these revised time schedules.

2.3 Monthly Progress Report

2.3.1 The Contractor shall prepare Monthly Progress Reports covering all aspects of the execution of the

works. Such Monthly Progress Report shall be in writing and shall be delivered to the Engineer by the 5th day of the month following the month of the Monthly Progress Report. The monthly Progress Report shall take account of work performed up to and including the last day of the month to which the Monthly Progress Report relates.

2.3.2 The reports, documents and data provided shall be an accurate representation of the current status of the

works and of the works to be accomplished and shall provide the Engineer with a sound basis for identifying problems and deviations from planned works and for making decisions.

2.4 Progress meetings .

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2.4.1 The Engineer shall convene a Monthly Progress meeting with the Contractor. These meetings will be held at dates and times to be advised by the Engineer.

2.4.2 The Engineer may convene at his discretion, at any times upon reasonable notice to the Contractor, any

meeting, either on or off the site, to discuss and address any aspect of the works or the Contract. The Contractor shall attend any such meetings convened by the Engineer.

3.0 Project Management

The overall project management of the works shall be the Contractor’s responsibility. Work shall be executed with proper project management plan.

4.0 Document submission All submission shall be made to the Engineer in a mutually acceptable Computerised format. The

drawings shall be in AutoCAD and submitted along with hard copies of appropriate size and a CD. For the Project Management , M.S. Project needs to be implemented. The hard copy of all documents shall be the Contractual copy.

5. Quality Management 5.1 The Contractor shall implement the provisions of the Quality Assurance Manual as specified by the

Engineer.

5.2 Inspection and test plans shall be produced for every activity requiring test and/or inspection. Each inspection and test plan shall identify the quality objectives and include the personnel responsible for undertaking and certifying the inspection and/or test;

5.3 Quality Control Documentation

5.3.1 The Contractor shall provide and maintain at all stages of the works a proper quality control

documentation, in the formats specified by the Engineer, to identify the status of inspections, sampling and testing of the work and all certificates. Such register shall be updated by the Contractor to show all activities in previous months. Each register shall:

(i) list the certificates received for each batch of goods and materials incorporated in the works and

compare this against the certification required by the Contract. (ii) list the inspection and testing activities undertaken by the Contractor on each element of the works

and compare these activities against the amount of inspection and testing required by the contract. (iii) show the result of each report of inspection and/or test and any required analysis of these results and

compare these results against the pass/fail criteria; and (iv) summaries any actions proposed by the Contractor to overcome any non-conformity identified.

6. Materials and equipment

6.1 Material shall be procured / supplied, commensurate with the planned progress of work. 6.1.1 Material and Equipment provided by the Employer if any shall be collected by the Contractor from the

location as per Contract conditions. The Contractor shall inspect the materials and equipment before taking receipt and shall immediately inform the Engineer of any shortage or damage.

6.1.2 Materials or Equipment provided by the Employer or supplied by the Contractor for which part payment has

been made but which are in Contractor’s custody which are damaged/lost after collection shall be replaced by the Contractor and offered to the Engineer for approval.

6.1.3 The Contractor shall dispose of crates and containers for materials or equipment provided by the Employer.

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6.1.4 Equipments/materials provided by the Employer if any & surplus to the requirements of the works shall be

returned at the earliest as directed by the Engineer. 6.1.5 Inspection of works and materials

All materials, fittings, appliances etc. used shall conform to Indian Standard Specifications / Indian Railways specifications, as the case may be, and shall be of approved quality. Providing and operating necessary measuring and testing devices including all consumables are included in the scope of work and there are no separate measurements or payment for testing the work.

All materials to be used in the work shall be of standard quality, manufactured by reputed concerns, confirming to Indian Standards and shall have I.S. mark as far as possible unless otherwise approved the by the Engineer-in-charge. The Contractor shall get all materials approved after submitting samples by the Engineer in charge prior to procurement and use. All materials procured and brought to site without conforming to specifications and satisfaction of the Engineer shall be removed by the contactor immediately from site at his own expenses and without any claim or compensation due to such rejection and shall provide proper replacement without any delay.

All materials and each part of details of the work shall be subject to all times, to inspection by the

Employer/ Engineer or their representative or other authorized subordinates who shall be furnished with reasonable facilities and assistance by the contractor for ascertaining whether or not the work as performed or the materials used are in accordance with the requirements and intent of the plans and specifications.

The contractor shall also inform the Engineer in writing, when any portion is ready for inspection giving

him at least 24 hours advance intimation to enable him to inspect the same, without retarding progress of the work.

Any work done or materials used without supervision or inspection by the clients, Engineer or his

representative, is liable to be ordered to be removed and replaced at the contractors expense. If so directed, the contractor shall at any time before the acceptance of the work, remove or uncover such

portion of the finished works as may be directed. After examination, the contractor shall restore the said portion of the work as per the standard required by specifications. Should the work so examined or exposed prove unacceptable, the expenditure shall be borne by the contractor.

The work shall not be considered to have been completed in accordance with the terms of the contract

until the Engineer have certified in writing that it has been completed to his satisfaction. No approval of materials or workmanship or approval of part of the work during the progress of execution shall bind the Engineer or in any way effect his powers to reject the work.

The inspection of the work or materials shall not relieve the contractor from any of his obligations to

fulfill the terms and conditions of the contract as herein prescribed under plans and specifications in the accepted bid document.

Failure to remove any defective work or material will not in any way prevent client later, from rejection

such works defects having discovered or obligate the client to make final acceptance. 7. Packaging, storage, shipping and delivery 7.1 Storage

7.1.1 The Contractor shall provide and maintain acceptable storage facilities for the S&T works, equipment

and materials of all kinds intended for use in carrying out the proposed works or for incorporation into the works.

7.2 Transportation

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7.2.1 Without prejudice to any other provisions of the Contract, the Contractor shall be responsible for all legal

requirements, duties, due taxes and other such requirements and expenditures required for the equipment, spare parts and other items to be supplied under the Contract by the Contractor for execution of the Works.

7.3 Delivery

7.3.1 The Contractor shall deliver all items to be supplied or required in the Works under the Contract to the

site.

7.3.2 The Contractor shall unload all items to be supplied under the contract / material supplied by the Employer under the Contract/ required in the Works at the designated delivery point and make requisite arrangements for positioning or storing them.

7.3.3 Any part of or any item to be supplied under the Contract that is damaged in transit shall not be

considered as delivered. 8. Site establishment and attendance 8.1 Use of the Site

8.1.1 The site shall not be used by the Contractor for any purpose other than for executing the works or

carrying out other work which is associated with the Works. 8.1.2 Entry to and exit from the site shall be obtained only at the locations approved by the Engineer.

8.1.3 All materials and equipment stored on site shall be adequately protected against loss or damage due to

any cause such as climatic effects, vandalism, shock and vibration, etc. according to the nature of the articles stored and the local site condition.

8.2 The Contractor’s Site Accommodation 8.2.1 The contractor may erect temporary labour accommodation and ancillary facilities on the Railway land,

subject to availability, with the approval of Employer/Engineer away from nearest habitation to avoid conflict and stress over existing infrastructure facilities. The labour camp structure should be made of proper material and should have clear marking/ boards to indicate that it pertains to this project and shall be maintained in a clean and hygienic condition. The site should be cleaned of all temporary accommodation after the work at the location is over and the Engineer notified accordingly.

8.2.2 The Contractor shall not erect or operate canteen and kitchen facilities on the site except with the

Consent of the Engineer and, where appropriate, the Relevant Authorities.

8.3 Site Utilities and Access 8.3.1 The contractor shall, at his own cost, provide one fully furnished office at site. Toilet, water, electricity,

telephone, sewerage and drainage facilities shall be provided at site office. The Contractor shall make all arrangements with and obtain the necessary approvals from the Relevant Authorities for the facilities. Employer shall have access to site office of contractor.

8.4 Equipment for use of the Engineer 8.4.1 The Contractor should provide the measuring tools, instruments/equipment and other accessories as per

the instructions of Engineer as and when required. He should also provide all necessary help and manpower as required by the Engineer for checking the works, whenever required.

8.5 Assistance 8.5.1 Assistance during Inspections by Employer, Engineer and Railway authorities.

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8.5.1.1 The Contractor shall extend all necessary assistance during the inspections by the Employer, Engineer,

Railway authorities and other state Govt. authorities. 8.5.1.2 The Contractor shall provide all documents necessary for inspection as are requested by the above authorities. 9. Liaison and approvals with others 9.1 Work by Other Agencies 9.1.1 The Contractor shall facilitate the progress of works, on various adjacent areas by other agencies

engaged by Employer, Railways and State Govt. Authorities/Undertaking and provide facilities to them, if so desired as directed by Engineer.

10 Prevention of mosquito Breeding

10.1 Measures shall be taken at site/s to prevent mosquito breeding. The measures to be taken shall include the following:

(i) empty cans, oil drums, packing and other receptacles which may retain water shall be stacked at a central depot and those not required for future use shall be removed from the site regularly;

(ii) standing water shall be treated at least once every week with an environmental acceptable oil which

will prevent mosquito breeding; and

(iii) Contractor’s equipment and other items on the site that may retain water. These shall be stored, covered or treated in such a manner that water will not be retained.

11 Health and Safety 11.1 Preamble

11.1.1 The health, safety and welfare of all personnel working on the project, the general public and the

avoidance of damage to property are of paramount importance to the Employer. Prime consideration shall be paid to construction activities to ensure that all operations shall be conducted in such a manner as to eliminate the risks to persons and property. The Contractor shall treat safety measures as the first priority in all his activities with respect to executing the Works.

11.2 Safety inspections and audits

11.2.1 The Contractor shall conduct formal, documented Safety Inspections, at least once a two month. A report of

each safety inspection, shall include the actions taken to resolve any problems or shortcoming discovered during the inspection. The report shall be made available for audit purposes and be discussed at the relevant meetings.

11.2.2 Comprehensive health and safety inspection check-list for the use of the Contractor’s Site staff when

inspecting the site is to be formulated and submitted for review by the Engineer.

11.3 Safety training 11.3.1 The Contractor shall ensure that induction training courses shall be provided for construction site workers

or equivalent. 11.3.1 All workers must receive induction training before they are allowed to commence work on the site involving

preventing with running lines.

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of safety aspects before they are allowed to commence work on the site. 11.4 Alcohol and drugs

11.4.1 The Contractor shall ensure that alcoholic drinks, drugs and other substances, which may impair

judgment, are not sold, introduced or consumed at the Site. 11.4.1 The Contractor shall ensure that his personnel and those of his sub-contractors of any tier are not under

the influence of alcohol or any substance which may impair judgment whilst on the site or otherwise engaged in the execution of the works.

11.4.2 The Contractor shall immediately remove or cause to be removed from the site any person employed by

the contractor or his sub-contractors of any tier who is found to be under the influence of alcohol, drugs or any other substance which may impair judgment. Such person shall not be employed again in connection with the works on the Project without the prior consent of the Engineer.

11.5 First aid facilities

11.5.1 The Contractor shall maintain fully equipped portable first aid box at local site office, and any work

locations where 20 or more persons work a time.

11.5.2 In each site office and work location at least one of the Contractor’s employees shall be trained in first aid and should be available at all working hours for purpose of attending to emergencies.

11.5.3 The Contractor shall maintain record of all persons receiving first aid treatment.

11.5.4 Fist Aid kits, up to the standards required by the approximate authority shall be carried in

supervisor’s vehicles and made available where work is in remote areas. 11.6 Lifting appliances and lifting gear

11.6.1 The Contractor shall provide and maintain mechanical cranes, hydraulic/mechanical jacks, hoists safely.

It is desirable that, all cranes, hoists and the like, shall be fitted with audible overload warning devices. All such equipments shall be regularly maintained in accordance with manufactures recommendations and standards having regard to local legislation and recommendations from the appropriate statutory authority.

11.6.2 Prior to use on site, all lifting appliances and gear shall be tested in accordance with the requirements of

the current legislation. The test certificates shall be submitted to the Engineer for review prior to the use of such equipment on site.

11.6.3 The safe working load shall be clearly and indelibly marked on all lifting appliances and lifting gear

either by stamping or by the addition of permanently secured tag labels. 11.6.4 Competent operators with certificates certifying that the proposed operator has received training in the

general principles of crane operation and specific training in the type of lifting of hoisting equipment he is required to operate shall be provided for the control of all lifting and hoisting equipment.

11.6.5 A trained banks man shall be in attendance at each lifting appliance or hoisting operation. 11.7 Fire precautions

11.7.1 The Contractor shall thoroughly assess the risk of fire throughout the Site and shall develop a

comprehensive fire control strategy as a part of the Site Safety Plan, which will extend to all aspects of the Works. The fire control strategy shall be discussed regularly and reviewed with the Engineer.

11.7.2 Adequate and suitable fire extinguishers are to be positioned at the Site, with particular attention paid to

offices, flammable storage areas, workshops, etc.

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11.7.3 The Contractor shall ensure that all persons on the Site are trained in and undergo regularly refresher courses in the use of fire extinguishers.

11.8 Dangerous goods, hazardous substances

11.8.1 The Contractor shall obtain the requisite licenses for the manufacture, storage, handling and use of all

dangerous goods. 11.8.2 The contractor shall ensure that all explosives, compressed gases, petrol and other dangerous

substances, shall be stored and handled in accordance with the relevant legislation. 11.8.3 The Contractor shall make adequate provision for the storage and disposal of waste oils, de-greasing

agents, etc. 11.8.4 Flash back arrestors and pressure gauges shall be fitted to all oxygen and acetylene cylinders. 11.8.5 Oxygen and acetylene cylinders shall be stored and used in a vertical position and be transported upon a

trolley or in cage. 11.9 Excavations and floor openings

11.9.1 The Contractor shall ensure that all temporary covers/decking to the trenches and barriers at the edges of

excavations are safe and securely installed at all times. Flashing warning lights, signs and adequate lighting is to be installed where required.

11.9.2 Where there is a danger to the public and Railway users extra care must be taken to properly cover all temporary openings and adequately barrier and sign the excavation. Flashing warning lights, signs and adequate lighting is to be installed where required.

11.10 Site transport. 11.10.1 The Contractor shall ensure that all site vehicles are regularly maintained and kept in a safe condition with

fully working brakes, lights, exhaust, windscreen windows and doors, etc. All vehicles should have valid PUC.

11.10.2 Each vehicle, piece of plant or machinery shall be uniquely and clearly identified and registered for maintenance purposes.

11.10.3 When instructed by the Employer or the Engineer, the Contractor will remove any vehicle from the site that is not up to the required standards. The Contractor will remove from the Site immediately any vehicle that is beyond repair. The Site shall not be used as a scrap yard.

11.10.4 The Contractor will remove from the Site immediately any vehicle that is beyond repair. The Site shall not be used as a scrap yard.

11.11 Driving/operator’s licenses

11.11.1 Drivers of vehicles and operators of the Contractor’s equipment shall hold the necessary license group for the vehicle or plant they are driving/operating. Where no such license group exists, drivers/operators shall have an equivalent group and undertake training in the vehicle/plant given by the contractor’s plant department. Records of the training given are to be retained.

11.12 Personal protective equipment (PPE)

11.12.1 The Contractor shall make available on site at all times adequate provision of safety equipments e.g. safety helmets, goggles, safety belts, respiratory protection, fire extinguishers, first aid equipment and other necessary safety equipment.

11.12.2 The Contractor shall ensure that safety footwear and safety helmets are worn at all times by all persons

on site. 11.12.3 High visibility vests shall be worn at all times when working in the vicinity of Railway Tracks

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11.13 Temporary electricity

11.13.1 Switchbox/ distribution box construction shall be robust, corrosion proof, waterproof and to be of coated metal and shall be mounted on an integral frame at least 1000mm off the ground. Incoming cables shall be secured by a waterproof gland. Temporary electrical Site installation and distribution system shall be in accordance with: (i) Indian Electrical Regulations; (ii) The Power Companies Supply Rules; (iii) Electricity and its subsidiary Regulations; (iv) IEE Wiring Regulations (16th Edition); (v) BS 7375 Distribution of Electricity on Construction and Building Sites; (vi) BS 4363 Distribution Assemblies for Electricity Suppliers for Construction and Building Site; and

(vii) Any other applicable national standards.

11.14 Housekeeping

11.14.1 The Contractor shall clean the site area on daily basis and maintain it in a safe, tidy and sanitary

condition.

11.14.2 Sufficient waste bins are to be provided at the area of work and a daily disposal regime is to be established and implemented.

11.14.3 The Contractor should ensure that decanting of petroleum products is carried out by adopting

appropriate methods so as to avoid their spillages on the ground. 12 Environmental Protection requirements 12.1 The Contractor shall comply with the EMP as per Appendix-2 . In case contractor does not take suitable

measures for implementation of EMP, same shall be done by employer at the cost chargeable to contractor.

13. Photographs and Videos 13.1 Colour progress photographs showing the progress of the works shall be taken by the Contractor,

Photographs shall be taken by the contractor once every month and at other times instructed by the Employer or the Engineer. Apart from hard copies, digital photographs on CD shall also be provided.

13.2 Cost of all the above activities shall be borne by the contractor and shall be deemed to have been included

in the overall cost quoted by him.

14 Safety while working near the running lines

14.1 Contractor will follow all the safety instructions detailed in the appendix 3 at the end of this section.

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Appendix- I

Mumbai Railway Vikas Corporation Ltd.

Monthly Progress Report

For the month-----------

Name of Work:-

Contract Agreement No. ------------------ Agency -----------------

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Contents

1 Contract snapshot 2 Schematic Diagram

3 Monthly Highlights 4 Bar charts and Cash flow curve 5 Work done details 6 Payment details 7 Extra items details 8 Quality tests 9 Stores 10 Organizational set up 11 Staff/Labour 12 Machinery & Equipment 13 Correspondence details 14 Photographs

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Contract Snapshot Name of work -

CA no. -

CA value -

Date of issue of Acceptance letter -

Date of issue of Notice to Proceed -

Completion Period -

Stipulated date of completion -

Activities A 1 Brief scope- - A 2 ------ -

---- ------ - Extensions, if any -

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

Schematic Diagram

Provide schematic sketches of location, scope of work & progress in different colour legends. ------------------------------------------------------------------------------------------------------------

Monthly Highlights

Indicate main activities such as special achievements / events during the month, assistance required etc in a tabular form.

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

Bar Charts & Cash flow curve 1) Provide programme of work in the form of a Gantt chart indicating planning & progress. 2) Provide additional micro charts wherever required.

3) Provide a cash flow curve indicating planned vis-à-vis targeted cash flow. Cash flow should be in accordance with the expenditure on work planned as per Bar chart.

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

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Work done details

Sr. No./

Bar chart activity no.

Item Scope of work

Progress Date of completion Remarks Upto

last month

(-‘07)

During the month

(-‘07)

Cumulative Upto date

As per Bar chart

Likely as per current progress

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

Payments Details

Bill No. Bill raised by contractor Payment recorded Remarks Date Amt Date Amt

Mobilisation/secured Advance details Sr No. Advance

withdrawn BG no. and

validity Date of

payment Amt recovered

during the month.

Cum Amt recovered

Remarks

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

Extra Items Details S. No.

Description Approx rate

Qty Approx. cost

Date advised/ Pending since

Status of sanction

Remarks

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

Quality Tests Sr. No.

Type of test Nos. of Tests during the month

Total upto date

Nos. of Tests failed

Remarks

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

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Stores

Sr. No.

Item Total Rqmt

Qty received upto last month

Qty received during

Upto date Qty Received

Qty consumed during the months

Qty balance

Remarks

1. Cement 2. HYSD --- -----------------------------------------------------------------------------------------------------------

Organisation Setup Provide an organisation chart of the management upto supervisor level working on Project -----------------------------------------------------------------------------------------------------------

Staff/Labour S No. Type of staff/labour Mandays during the month Cum mandays Remark ----------------------------------------------------------------------------------------------------------

Machineries & Equipment

S No.

Type of machinery/ equipment

Owned or hired Hours/days during the month

Cum Hours/days

Remarks

Provide only for major machinery/equipment. -----------------------------------------------------------------------------------------------------------

Correspondence Details

Sr. No.

From/to Letter No. & Date

Subject Contents in Brief

Action taken Remark

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

Photographs Provide recent dated photographs. Also submit a CD of photographs and video with progress report. -----------------------------------------------------------------------------------------------------------

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Environmental Management Plan

Appendix 2

Environmental Issue Mitigation Measure Location / Chainage

Responsibility Supervision Frequency

Performance Indicator Implementa

tion Supervision

Construction Phase Air Quality

All equipments/vehicles should be kept in good state of repairs

At all project sites. Contractor Employer / Engineer

Quarterly Equipment maintenance records

Enclosing construction areas by warning tapes, barricades.

At construction sites wherever practicable.

Contractor Employer / Engineer

Monthly Visual inspection

All vehicles should have valid PUC, a copy of which should be available for inspection

At all project sites wherever applicable

Contractor Employer / Engineer

Quarterly Record book

Vehicles carrying loose earth/ sand etc through habited area and filling to create dust/ spill should be removed. Dusty approach road causing nuisance & unhygienic condition in station area will be sprinkled with water

At all project sites wherever applicable

Contractor Employer / Engineer

Weekly Visual inspection

Noise

Damaged silencers to be promptly replaced by the contractor.

At all construction sites

Contractor Employer / Engineer

Quarterly Record book

It should be ensured by the contractor that work generating high noise is done preferably during day hours (especially during dismantling work near habited areas.

At all construction sites.

Contractor Employer / Engineer

During the progress of dismantling work.

--

Soil/Land Earth, sand and stones shall be sourced from only pre – approved and licensed quarries

At all construction sites.

Contractor Employer / Engineer

For Every quarry

Record of licence

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Environmental Issue Mitigation Measure Location /

Chainage

Responsibility Supervision Frequency

Performance Indicator

Implementation

Supervision

Health and hygiene

Temporary living accommodation if provided by the contractor should have ancillary facilities such as toilet blocks, potable water supply, canteen, etc. for labour as per the standards set by various acts (Labor Act 1951, Contract labour Act 1970, Railway Guidelines )

Wherever the labour camps are to be sited

Contractor Employer / Engineer

Quarterly Labour records

On completion of the works, all temporary structures shall be cleared away along with all wastes. All excreta and other disposal pits should be filled in and effectively sealed. The site should be left clean & tidy

At all the construction sites throughout the project corridor

Contractor Employer / Engineer

Once after completion of the work

Visual inspection.

Safety and Traffic control

The contractor should make all his staff aware about the safety regulations while working in open line, railway tracks/ Line OHE’s, etc.

At all the project activity sites

Contractor Employer / Engineer

Once at the beginning of the project work/change of manpower

Certificate by Engineer.

The contractor shall take all necessary measures for the safety of the existing train traffic during construction and provide, erect and maintain such barricades, including signs, tapes, markings, flags, lights and flagmen, as may be required/suggested by the engineer for the information and protection of users & passengers.

At all the project activity sites

Contractor Employer / Engineer

Daily Record of accidents

The accident-hazard area should be properly demarcated

At all the construction sites

Contractor Employer / Engineer

Weekly Visual inspection.

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Environmental Issue

Mitigation Measure Location / Chainage

Responsibility Supervision Frequency

Performance Indicator

Implementation

Supervision

Safety and Traffic control

Safety and hazard posters and signs should be clearly displayed at locations such as platform works, and at stations, etc.

At all the project activity sites

Contractor Employer / Engineer

Quarterly Visual inspection.

The contractor shall supply all necessary safety appliances such as safety goggles, helmets, safety belts, earplugs (wherever applicable), masks etc. to the worker and staff

At all construction sites

Contractor Employer / Engineer

Quarterly Inspection

Adequate precautions shall be taken to prevent danger from electrical equipment. All machines /equipment used should be regularly inspected by the engineer for compliance with relevant Indian Standards (IS) codes and a record for the same should be maintained

At all the project activity sites

Contractor Employer / Engineer

Quarterly Equipment inspection records

A readily available First Aid Kit including an adequate supply of sterilized dressing material and appliances should be made always available as per the requirements under the various acts (such as Factory Act 1948, labour Act 1951, Railway Guidelines )

At all the project activity sites

Contractor Employer / Engineer

Quarterly Inspection

Safety gloves and helmets to be used by the worker handling the steel materials

At steel unloading and erection sites

Contractor Engineer/ Employer

At the time of unloading of steel materials

Inspection

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Appendix III (Safety aspects) Employer’s requirement regarding Safety aspects are stipulated in these bid Documents. As some of the

activities in connection with the work will have to be carried out close to running lines, safety is paramount. This appendix details extra precautions required to be taken when working in the vicinity of running lines.

1.1 The works included in this contract are to be carried out close to the running tracks and public utilities, therefore, safety of running trains and the public is paramount. Therefore, all activities undertaken by the Contractor/his Sub-contractors shall ensure safety at all times. The contractor shall comply with the instructions issued by the Railway/ Engineer/Employer from time to time to ensure safe running of trains while carrying out works. The rates quoted by the Contractor shall be deemed to include all expenditure incurred in compliance with the same.

1.2 Protection of electrical and S&T cables: The work may involve locating and shifting/protection of Electrical and S&T cables. Due care is required to be taken in protecting these as they may be live and any damage may disrupt suburban services. The consultant will take special care in this regard to ensure that the contractor works carefully. Before starting any excavation work, the Contractor shall comply with the instructions issued in the joint procedure order issued by Railway which is reproduced below: “JOINT PROCEDURE ORDER FOR UNDERTAKING DIGGING WORK IN THE VICINITY OF UNDERGROUND SIGNALING, ELECTRICAL AND TELECOMMUNICATION CABLES”.

A A number of Engineering works in connection with gauge conversion/doubling/third line are in progress on various railways, which require extensive digging work near the running track, in close vicinity of the working S&T cables carrying vital safety circuits as well as electrical cables feeding the power supply to Cabins. ASM room, RRI Cabin, Intermediate Block Huts (IBH) etc. Similarly, S&T organization under open line or construction units under CAO/C are executing various Signalling and telecommunication works requiring digging of earth for laying of cables or casting of foundations for the erection of signal posts etc. Rail Tel are also executing the work of laying of quad cable and OFC on various Railways as a part of sanctioned works for exclusive use of Railways for carrying voice and data i.e. administrative and control communication, PRS, FOIS etc. or shared by RailTel Corporation of India Ltd. On certain sections digging is also required for laying of electrical cable and casting of foundation for the erection of OHE masts by Electrical Deptt. Generally, these works are executed by contractors employed by these organizations.

B However, while carrying out these works in the vicinity of working signalling, telecommunication and electrical cables, at times, cable cuts take place due to JCB machines working along the track or during the digging work being done by Contractors carrying out the Civil Engineering Works. Similarly, such cable cuts are also resulting due to works undertaken by S&T or Electrical deptts. Such Cable faults results in the failure of vital signalling and telecommunication circuits.

C. Henceforth, the following joint procedure shall be followed by Engineering, Electrical and S&T (and RailTel organization, wherever such works are being done by them). Officers of the respective divisions and by the Construction Organization, while carrying out any digging work near to existing signalling& telecommunication and electrical cables, so that the instances of cable cut due to execution of works can be controlled and minimized.

1. S&T Department (and RailTel, where they have laid the cables) & Electrical Deptts shall provide a detailed cable route plan showing exact location of cable at an interval of 200m or wherever there is change in alignment so that the same is located easily by the Engineering official/contractor. This cable route plans shall be made available to the DSE/DEN or Dy.CE/C as the case may be by Sr. DSTE/DSTE or Sr. DEE/DEE of the divisions or Dy.CSTE/C or Dy. CEE/C within a reasonable time in duplicate. DSE/DEN or Dy.CE/C will send copies to their field unit i.e. AEN/SE/P.Way& works.

2. Before taking up any digging activity on a particular work by any agency, Sr. DSTE/DSTE or Sr.DEE/DEE of the section shall be approached in writing by the concerned Engg. or S&T or Electrical officer for permitting to undertake the work. After ensuring that the concerned executing agencies, including the contractor have fully understood the S&T and Electrical cable route plan shall permit the work in writing.

3. After getting the permission from S&T or Electrical Deptt. as the case may be, the relevant portion of the cable route plan shall be attached to the letter through which permission is issued to the contractor by concerned Engg. Official for commencement or work and ensuring that the contractors have fully understood the cable route plan and precautions to be taken to prevent damage to the underground cables. The contractor shall be asked to study the cable plan and follow it meticulously to ensure that the Safety of the cable is not endangered. Such a provision, including any penalty for default, should form part of agreement also. It is advisable that a suitable post of SE (Sig) or SE (Tele) or SE (Elect.) shall be created chargeable to the estimates of doubling / Gauge conversion, who can help engg. agencies in the execution of the work. However basic responsibility will be of the Department executing the work and the Contractor.

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4. The SE (P.Way) or SE (Works) shall pass on the information to the concerned SE (Sig) SE (Tele) or SE (Elect.) about the works being taken up by the contractors in their sections at least 3 days in advance of the day of the work. In addition Engineering control shall also be informed by SE (P.Way) or SE (Works), which in turn shall pass on the information to the Test Room/Network Operation Centre of RailTel/TPC/Electrical Control.

5. On receiving the above information, SE (Sig) or SE (Tele) or SE (Elect.) shall visit the site on or before the date of taking up the work and issue permission to the contractor to commence the work after checking that adequate precautions have been taken to avoid the damage to the cables. The permission shall be granted within 3 days of submission of such requests.

6. The name of the contractor, his contact telephone number, the nature of the work shall be notified in the Engineering Control as soon as the concerned Engg. official issued the letter authorizing commencement of work to the contractor. Test Room be given a copy and Test Room shall collect any further details from the Engineering Control and shall pass it on to S&T/RailTel& Elect. Officials regularly.

7. In case of works being taken up by the State Government, National Highway Authority etc., the details of the permission given i.e. the nature the work, kilometre etc. be given to the Engineering Control including the contact person’s number so that the work can be done in a planned manner. The permission letter shall indicate the contact numbers of Test Room/Network Operations Centre of RailTel/TPC/Elect. Control.

8. Where the nature of the work taken by the Engineering department is such that the OFC or other S&T cables or Electrical cables is to be shifted and relocated, notice of minimum one week shall be given so that the Division/RailTel/Construction can plan the works properly for shifting. Such shifting works shall, in addition, for security and integrity of the cables, be supervised by S&T supervisors/RailTel supervisors/Electrical Supervisors.

9. The concerned SE (P. Way) / SE (Works)/SE (Sig.)/SE (Tele)/SE (Elect.) or RailTel supervisors, supervising the work of the contractor shall ensure that the existing emergency sockets are not damaged in view of their importance in providing communication during accident/ emergency.

10. In case of minor nature of works where shifting of cable is not required in order to prevent damage to the cable, the Engineering Contractor shall take out the S&T or optical fibre cable or Electrical cable carefully from the trench and place it properly alongside at a safe location before starting the earthwork under the supervision of SE (Sig) or SE (Tele) or SE (Electrical) The cable shall be reburied soon after completion of excavation with proper care including placement of the brick over the cable by the concerned S&T supervisors or Electrical Supervisors. However, the work will be charged to the concerned engineering works.

11. In all the sections where major project are to be taken up/going on RailTel/S&T Deptt. shall deploy their official to take preventive/ corrective action at site of work.

12. No new OFC/Quad cable shall be laid close to existing track. It shall be laid close to Railway boundary as per extant instructions i.e. 1.0m from the Railway boundary to the extent possible to avoid any interference with future works (doubling etc.). It shall be ensured in the new works of cable laying that the cable route is properly identified with electronic or Concrete markers. Henceforth, wherever cable laying is planned and before undertaking the laying work, the cable route plan of the same shall be got approved from the concerned Sr. DEN or Dy. CE/Constn. to avoid possible damages in future. Such approvals shall be granted within 7 days of submission of the requests.

13. The works of excavating the trench and laying of the cable should proceed in quick succession, leaving a minimum time between the two activities.

14. Any damage caused to OFC/Quad cable or Electrical cable during execution of the work, necessary debit shall be raised on Engineering Department who shall bear the cost of the corrective action.

15. All types of bonds i.e. rail bond, cross bond and structure bond shall be restored by the Contractor with a view to keep the rail voltage low to ensure safety of personnel.

16. Above joint circular shall be applicable for construction as well as open line organization of Engineering, S&T & Electrical.

17. The S&T cable and Electrical cable route plan should be got approved from the concerned Sr. DSTE / DSTE & Sr. DEE / DEE respectively, before undertaking the work and completion cable route plan should be finalized Block section by Block section as soon as the work is completed.

Sd/- Sd/- Sd/- Sd/- (R.S. Grover) (N.K. Goel) (R.C. Sharma) Sundarajan) AM (Elect.) Adv. (Sig) AM (Tele) AM (Works)” 1.3 Working near running line

1.3.1 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. earth work for parallel railway line and supply of ballast for new or existing rail line, gauge conversion etc, road vehicles are necessary to be used in railway land next to the railway line, the contractor shall apply to the Engineer for permission giving the type & no. of

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individual vehicles, names & license particulars of the drivers, location, duration & timings for such work/movement. The Railways/Employer/Engineer or his authorized representative will personally counsel, examine & certify, the road vehicle drivers, contractor’s flag men & supervisor and will give written permission giving names of road vehicle drivers, contractor’s flag men 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:

1.3.2 Road vehicles can ply along the track after suitable cordoning of track with minimum distance of 6 metres from the centre of the nearest track. For working of machinery close to the running tracks or plying of road vehicles during night hours, the contractor shall apply to the Engineer in writing for permission, duly indicating the site details in a neat sketch and safety measures proposed to be taken. Subject to the approval of concerned Railway authorities, the Engineer or his authorised representative will communicate permission to the contractor/contractor’s representative. The contractor and his men shall strictly adhere to the instructions given along with such permissions.

1.3.3 Nominated vehicles and drivers shall be utilized for work in the presence of at least one flag man and one supervisor certified for such work. In order to monitor the activities during night hours, additional staff may have to be posted based on the need of the individual site.

1.3.4 The Contractor’ machinery, equipment and vehicles shall normally operate 6 m clear of track. Any movement/work at less than 6m and up to a minimum of 3.5m clear of track centre, shall be carried out only in the presence of a person (including any railway employee) authorized by the Engineer. No part of the road vehicle shall be allowed at less than 3.5m from track centre. Cost of such railway employee shall be borne by the Employer.

1.3.5 The Contractor’s machinery and equipment like Cranes, Welding machines, concrete mixers, pavement breakers, track Laying Systems etc., are required to operate close to the existing line carrying traffic. Contractor is fully responsible for operating these machinery without endangering the safety of the running line and traffic.

1.3.6 Safety Fencing: A. Before commencing any work close to the running track, the Contractor may need to provide safety fencing and

obtain the specific permission of Engineer to commence the work in that stretch. B. The fencing shall be as per the specifications provided in the contract. C. The Contractor shall maintain the safety fencing in good working condition throughout the period till the work

in a given stretch is completed. He can remove the fencing after getting the approval of Engineer. The fencing material will be the property of the Contractor. Serviceable materials obtained from the released fencing can be re-used for providing fencing in subsequent stretches.

D. The Contractor will be paid for providing safety fencing along the track as per the relevant item in the BOQ. E. The payment under the relevant item in BOQ will be made only once for work in any stretch, irrespective of the

number times such safety fencing is erected and dismantled in that stretch”. 1.4 Any traffic/traction blocks, temporary speed restrictions and caution orders required in connection with the

work(s) shall be got sanctioned from the Railway authorities well in advance, through the Engineer. The Railways may sanction the same for specific sites within the overall recovery time available in the Railway’s time table. The contractor shall have to schedule his programme according to the convenience of the Railways. No claim from the contractor for any delay/inconvenience/loss on this account shall be entertained by the Employer.

1.5 The contractor shall provide at site at his own cost, all protection measures including exhibition and lighting of all Temporary Engineering Signals as per Railway rules, instructions and norms. All lights provided by the contractor shall be screened so as not to interfere with any signal light on the Railways or with any traffic or signal lights of any local or other authority.

1.6 Ancillary and Temporary works a) The Contractor’s proposals for erection of all ancillary and temporary works shall be in conformity

with the proposals submitted along with the tender and modifications thereto as approved by the Engineer.

b) The Contractor shall submit drawings, supporting design calculations where called for by the Engineer and other relevant details of all such works to the Engineer for approval at least one month before he desires to commence such works. Approval by the Engineer of any such proposal shall not relieve the contractor of his responsibility for the sufficiency of such works.

c) The contractor shall, at his own cost, design and provide any temporary arrangements including relieving/service girders required in connection with the above said works and remove the same, when no longer required. These arrangements shall conform to Railway norms. The contractor shall obtain all necessary approvals and sanctions of the concerned Railway authorities including Commissioner of Railway Safety through the Engineer in advance and well in time

d) The contractor shall ensure and be entirely responsible for proper design, fabrication, provision and upkeep of all temporary arrangements and all associated activities so as not to endanger safety of any assets, running track, traffic and travelling public and for following all extent instructions, norms,

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practice and procedures laid down by Railway authorities in this respect, which may be ascertained from the Railways through the Engineer.

e) If required, Railways may, in order to ensure the safety of the running track, post at site Regular Railway staff to watch the efficacy and safety of temporary arrangements and protection measures round the clock for the period the same exist in the running line and till the running line is restored back to normal. Railways may also supervise the insertion, maintenance and removal of the temporary arrangements. The cost of such staff shall be borne by the Employer.

f) Notwithstanding the above, the contractor shall not, however, be relieved of his responsibility and obligation as aforesaid.

g) Save as provided in para (e) above, the contractor shall bear the cost of complying with all safety requirements. No extra payment will be made for complying with the safety provisions under this chapter and the cost of all such elements to meet the safety requirements shall be deemed to be included in the Bill of Quantities.

1.7 The contractor remains fully responsible for ensuring safety. In case of any accident, the Contractor shall bear cost of all damages to his equipment and men and also damages to Railway and its passengers.

1.8 Suitable barricading to forewarn road vehicle driver shall be provided by the contractor. The luminous tape, strung on bamboo or steel poles can be considered for such barricading. Barricading arrangement should be got approved by the Engineer.

1.9 Indemnity by Contractor The Contractor shall indemnify and save harmless the Railway/ Employer/Engineer from and against all actions, suit proceedings, losses, costs, damages, claims, and demands of every nature and description brought or recovered against the Railways/Employer/ Engineer by reason of any act or omission of the contractor, his agents or employees, in the execution of the works or in his guarding the same. All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation to be applied to the actual loss or damage sustained, and whether or not any damage shall have been sustained.

1.10 Damage to Railway Property or Life or Private Property The contractor shall be responsible for all risks to the works and for the trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of the Railway or the lives of persons or property of others from whatsoever cause in connection with the works until they are taken over by the Employer and this although all reasonable and proper precautions may have been taken by the Contractor, and in case the Railway/Employer/Engineer shall be called upon to make good any costs, loss or damages, or to pay any compensation, including that payable under the provisions of Workmen’s compensation act or any statutory amendments thereof to any person or persons sustaining damages as aforesaid, by reason of any act, or any negligence or any omissions on the part of the contractor, the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Railway/Employer/Engineer may incur in reference thereto, shall be charged to the contractor. The Railway/Employer/Engineer shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the contractor, to take such steps as may be considered necessary or desirable to ward off or mitigate the effect of such proceedings, charging to Contractor, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, defence or compromise, and the incurring of any such expense shall not be called in question by the Contractor.

1.11 Safety of Public a) The Contractor shall be responsible to take all precautions to ensure the safety of the Public whether on

Public or Railway property and shall post such look out men as may in the opinion of the Engineer be required to comply with regulations pertaining to the work.

b) The Contractor shall provide effective barricading using G.I. corrugated sheets around foundation pits, trenches, erection sites, demolition sites etc., to prevent accidents and injuries to the public. He shall erect barricading duly leaving safe passage for the movement of the public as per the directions of Engineer.

c) No payment will be made for providing such barricading and the rates quoted by the Contractor shall be inclusive of such safety measures.

1.12 Reporting of Accidents The Contractor shall report to the Engineer details of any accidents as soon as possible after its occurrence.

In the case of any fatality or serious accident, the Contractor shall, in addition, notify the Engineer and the Employer immediately by the quickest available means.

1.13 Life-saving Appliances and First-aid Equipment: The Contractor shall provide and maintain upon the Works sufficient, proper and efficient life-saving

appliances and first-aid equipment to the approval of the Engineer and in accordance with the requirements of ILO. The appliances and equipment shall be available for use at all time.

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1.14 Security Measures a) Security arrangements for the work shall be in accordance with general requirements and the contractor shall

conform to such requirements and shall be held responsible for the action or inaction on the part of his staff, employees and the staff and employees of his subcontractors.

b) Contractor’s as well as Sub Contractor’s employees and representatives shall wear identification Badges (cards), uniforms, helmets, gum boots and other safety/protection gadgets/ accessories provided by the Contractor. Badges shall identify the Contractor and show the employee’s name and number and shall be worn at all times while at site.

c) All vehicles used by the contractor shall be clearly marked with the Contractor’s name or identification mark. d) However, at work sites where public and/or traffic movement is there and they are likely to come close to the

work area, suitable barricading as proposed by the Contractor and approved by the Engineer shall be provided and no additional payments will be made for such barricading.

e) The contractor shall be responsible for security of works for the duration of the contract and shall provide and maintain continuously adequate security personnel to fulfil these obligations. The requirements of security measures shall include, but not be limited to, maintenance of Law and Order at site, provision of all lighting, guard, flagmen, and all other measures necessary for protection of works within the colonies, camps and elsewhere at site, all materials delivered to the site and all persons employed in connection with the works continuously throughout working and non-working periods including nights, Sundays and holidays, for the duration of the contract. However, at work sites in close proximity of traffic corridors where public and traffic are likely to come close to the work area, suitable barricading as proposed by contractor and approved by Engineer shall be provided.

f) No separate payment will be made for providing security measures and will be deemed to be included in the rates quoted by the contractor.

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SECTION 5: SPECIFICATIONS

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PART II - EMPLOYER’S REQUIREMENTS

PARTICULAR SPECIFICATIONS

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PART II – TECHNICAL SPECIFICATIONS TABLE OF CONTENTS Chapter Description Page No. No.

1. GENERAL DESCRIPTION & SCOPE OF WORK 76

2. TRAIN INDICATORS, PUBLIC ADDRESS SYSTEM, 79 MODIFICATION IN TMS YARD LAYOUT,

GPS BASED DIGITAL CLOCK.

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CHAPTER 1

1. DESCRIPTION & SCOPE OF WORK GENERAL

1.1 SCOPE OF WORK

Name of work : Supply of material, Installation, Testing & Commissioning of GPS based Digital Clock, Train Indicators, Public Address System and modification in yard layout for TMS in connection of platform extension for running 12 coach EMU rake on Harbour Line at Mahim, Bandra, Khar Road, Santacruz and Vile Parle stations of Western Railway (MM-ADH Section) under MUTP-II ‘C’.

The specification covers the provision of additional Telecommunication Facilities on extended platforms on harbor line being carried out by Mumbai Railway Vikas Corporation Ltd. at Mahim, Bandra, Khar Road, Santacruz and Vile Parle stations of Western Railway (MM-ADH Section) . The scope of work includes supply, installation, testing and commissioning of but not limited to the following items:

1.1.1 The work includes supply, installation, testing and commissioning of the Train Indicators to the existing train indicators.

1.1.2 Wiring of the data cable from existing train indicator to the additional train indicator.

1.1.3 Testing of the train indicators after installation for proper functioning of the additional and existing train indicators.

1.1.4 Fixing of additional speakers and connecting to the existing speakers on the platform with proper laying of

cable through PVC pipe and testing for the proper functioning of the additional speakers and existing speakers.

1.1.5 Carrying out necessary modification in the TMS yard layout as per the requirement at site and Mumbai

Central Control office.

1.1.6 For Mahim station major changes in the yard layout & for other stations i.e. Bandra, Khar Road, Santacruz & Ville Parle minor changes in the yard layout.

1.1.7 Installation of GPS based digital clock at suitable location at the respective stations. 1.2 DELETED

1.3 Inspection

1.3.1 All the telecommunication equipment / materials shall be supplied by the contractor after getting it

inspected by nominated agency vis. RDSO/ RITES/Consignee.

1.3.2 Items with RDSO inspection shall only be procured from RDSO approved firms.

1.3.3 For all the other materials (Non RDSO items) to be inspected by consignee, the contractor shall submit Manufacturer’s Guarantee Certificate stating that the concerned material is in accordance with the specification in the contract.

1.3.4 Items, if any included in the list of the items to be inspected by RDSO & RITES are not inspected by

RDSO/ RITES for any reason whatsoever, they will be inspected by Authorized Representative of Railways, provided following conditions are satisfied: I) Material is procured from RDSO approved source. II) The contractor shall submit manufacturer’s guarantee certificate and test certificate for the material. III) All such cases where change in agency of inspection is required will be processed for specific

approval of competent authority.

1.3.5 The employer shall have full power to reject any material that it may consider to be defective or inferior in quality, workmanship, design or otherwise not in accordance with the specification and the employer

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decision shall be final, even though they might have been inspected by RDSO/RITES. The contractor shall remove forthwith any such material and replace them at his own cost.

1.3.6 Necessary Inspection charges of RDSO and RITES will be initially paid by the contractor at the time of

inspection of the material. Subsequently the bill with documentary evidence like copy of DD and inspection certificate will be submitted to MRVC for re-imbursement of the same.

1.3.7 The tenderer shall submit a certificate confirming that the system being offered is suitable to 25 KV AC

traction.

2 General Requirement:

2.1 All materials to be supplied by contractor as per BOQ referred in this chapter will be strictly as per specifications or Drg. Nos.

2.1.1 The work is required to be carried out in accordance with the RE manual for stations falling under 25KVA electrified traction.

2.2 The tenderer shall submit the list of the supplier/ subcontractor along with the offer for approval as per the

Proforma given below. The tenderer shall also submit the credentials of sub-contractor proposed by him. If any supplier/sub-contractor is not acceptable to the employer, tenderer/contractor shall propose alternate supplier/sub-contractor.

Proforma- Supplier / Sub- Contractor

Form S&T /MAT/SUP (Ref. Contract No.______________________) Date:

Sr. No. Item of Facilities Schedule No. Supplier/Sub-

Contractor Proposed Remarks

Sd/-

2.3 After the award of contract if contractor desires any change in supplier/sub-contractor he shall submit the proposal to the employer for approval.

2.4 All released materials will be deposited in the nominated store, for which an advance list will be submitted

by the contractor to the engineer in triplicate and get approved. One copy for engineer, second copy for store and third copy for contractor’s record.

2.5 Releasing of Indoor equipments (viz. relays, control panel, etc.), Outdoor material like point machines, track

lead junction boxes, location boxes etc. shall be done by the contractor as per the instructions of the Engineer in charge.

2.6 Transportation of released material to nominated depot of MRVC shall be done by the contractor.

2.7 All excess material shall be returned to nominated depot including loading, unloading and accounted.

2.8 The contractor will submit list I month in advance for the materials in pipeline and probable date of supply

and take written consent from Engineer, so that compliance of inspection of material can be ensured without any ambiguity. Note : Mere submission of such list to Engineer shall not be deemed by the contractor as consent and it will be a binding on the contractor’s to seek consent from the Engineer before any material is supplied to the store.

2.9 As mutually agreed format will be made for submission of the list and issue of consent. Sample format

enclosed.

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FORM – S&T / MAT / SUP (Ref Contract No. _________________)

Form No.

To The Engineer _____________________ We are in readiness to supply following material by Date_____________ as per following details. To be filled up in three copies (Minimum)

Sr. No.

Schedule No. Quantity

supplied so far Quantity now

offered Inspecting authority

Engineer consent

I hereby consent to proceed further and supply the above materials as per consent remark. Copy 1 – For Engineer Copy 2 – For Contractor Sd/- Copy 3 – For store (Through the contractor) Engineer

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CHAPTER II

TECHNICAL SPECIFICATIONS OF TRAIN INDICATOR

1. SPECIFICATION AND FEATURES OF WORK STATION FOR OPERATION OF TRAIN

INDICATOR SYSTEM 1.1 The Workstation PC shall be of Industrial grade and shall consist of.

i) Industrial computer chassis of reputed make like Advantech / Lanner / Portwell –Laxsons / AAEON ii) Industrial Single Board Computer, Backplane of reputed make like Advantech or Lanner or Portwell –

Laxsons or AAEON iii) Hard Disk of 80 GB or more(Samsung / Seagate make). iv) Floppy Drive of 1.44 MB (Sony make). v) 2 GB Pen Drive

vi) Multimedia kit complete (Creative make) Containing 52 X CD (R/W) ROM drive, 128 Bit Sound blaster card, Set of speakers with volume control and good quality condenser microphone.

vii) Microsoft Keyboard (Electro mechanical type) viii) Microsoft Optical Mouse. ix) 4 USB Ports on the front side x) 15” LCD TFT Color Monitor (Samsung / Philips / LG/AOC)

xi) One extra VGA card for Video connectivity.

xii) 300 W mini redundant power supply with two AC input. 1.2 SPECIFICATION OF INDUSTRIAL COMPUTER CHASSIS:

i) Back plane - 14 slot supporting 7PCI, 4 ISA and 2 PCIMG slot ii) Disk Drive Bay - 3 x 5.25”, 1 x 3.5” (Removable type HDD, FDD and CDROM). iii) Cooling Fan - two Cooling fans.

iv) Controls - Power on/off switches with reset button.

v) Keyboard Connectors - One 5-pin header for external keyboard connection.

vi) Indicators - LED’s for Power on/off, HDD activity and keyboard lock.

vii) Operating Temperature - 0° - 40°C (ambient temperature) viii) Relative Humidity - 10 to 85%, non-condensing ix) Air filter - One replaceable air filter x) Power Supply - 1) SMPS

2) Input Voltage: 100V~240V, AC Auto-range 3) Input Current: 6A –3A, 4) Output Voltage & Current: +5V@ 25A, 12V @ 16A, -5V @0.5A, -12V @ 0.5A 5) Watt: 300W

6) UL, TUV, CB, CCC Approved. 7) MTBF: 1,00,000 hrs

8) 300 W mini redundant power supply with dual AC input xi) Hold-down clamp - Shock-resistant cushion for the drive bracket, two adjustable positions for hold-

down card retainers.

1.3 SPECIFICATIONS OF INDUSTRIAL SINGLE BOARD COMPUTER (ISBC) ISBC shall be Industrial grade with following features and specifications as given below.

A) FEATURES: I) 1 GB DDR-ECC- RAM upgradeable up to 2 GB II) Full size socket 478 P-IV SBC with VGA/Single Gigabit LAN III) INTEL 865 G chipset with 533/800 MHz FSB

IV) Intel 3 GHz CPU (800 MHz FSB) V) Display: Intel 865 integrated Extreme Graphics 2.0

VI) One Intel Gigabit Ethernet controller card. VII) Compact Flash Disk support VIII) Support four EIDE devices with Ultra DMA/100/66/33 IX) 64mA high driving ISA bus interface to back plane

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X) Serial Port-2 COM ports, 2 x RS232 & PCI base two COM Port card extra. XI) Parallel port 1 Multimode parallel port (SEP/EPP/ECP) XII) Keyboard & PS/2Mouse: A 5 Pin mini-DIN connector located Connector on the mounting bracket

for connection of a PS/2 - type connector keyboard and PS/2 Type connector for Mouse.

XIII) 4 USB Ports, XIV) Watchdog Timer: Programmable via software from 0.5sec to 254.6 min

Note: i) Industrial PC should be of Advantech or Lanner or Portwell –Laxsons or AAEON make. ii) If the supplier is not direct manufacturer of Industrial PC, in such case the tenderer shall provide authority

letter from original manufacturing company, certifying that they are authorized dealers of the original firm and manufacturer will support the authorised dealer for technical maintenance and supply of spare parts as and when required.

iii) The system should be compatible with Window 98 and latest Operating system.

iv) Software: Licensed copy of WINDOW 98/2000/WINDOW NT/XP & Norton Antivirus of latest version valid for one year on CD.

1.4 SPECIFICATION OF 15" MONITOR: The 15” LCD TFT Color Monitor to be supplied shall be of branded make like (Samsung / HP / LG/AOC)

2. SPECIFICATION OF UPS: The UPS to be supplied shall be of branded & repute make like Tata Libert Model No. PSA 700-230 or APC

make shall comply the following specifications. Sno. Specifications Rating

A Capacity 650VA (Minimum) B Input 166-275v AC, 47-53 Hz. C Output Voltage (Battery Mode) 230V AC + 5%, D Output Frequency (Battery Mode) 50 Hz. E Normal mode noise suppression Full time EMI-RFI filtering F Battery type Sealed maintenance free battery (Auto

rechargeable) G Ambient Operating Temperature 0 to 45 degree C. H Protection for low battery condition Auto shut-off after warning.

I

Indicator (LEDs) a) On-Line

b) On-battery

c) Over Load

d) Replace Battery

J Protection Over load/short circuit protection 3. SPECIFICATION OF SINGLE FACE & DOUBLE FACE LED BASED TRAIN INDICATORS

(DISPLAY AREA 24 x192 AND 16 X 128 LED MATRIX). 3.1 The double face single line train indicator display board having display area 24 x 192 LED matrix shall

conform the drawing No. DRM/BCT/TELE/2/298 for Mahim, Bandra, Khar Road, Ville Parle & Santacruz. The display unit shall be made up of 12 LED modules of 24 x 16 LED module. The LED module of 24 x 16 LEDs shall be as per specifications detailed at Sr. No. 5.

3.2 The single face/double face single line advance train indicator display board having display area 16 x 128 LED matrix shall conform the drawing No. DRM/BCT/TELE/2/290. The display unit shall be made up of 8 LED modules OF 16 x 16 LED matrix. The LED module of 16 x 16 LEDs shall be as per specifications detailed at Sr. No. 5.

3.3 The overall display matrix of 16 x 128, 24 x 160 & 24x192 shall be programmed for displaying destination, time, mode, Expected in minutes & Coach as detailed below:

Sr.no. Name of the field to be 16 x 128 display board 24 x 192 display board

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display 1 Coach - 24 x 32 2 Destination 16 x 24 24 x 32 3 Time 16 x 48 24 x 64 4 Mode 16 x 12 24 x 16 5 Expected in minutes 16 x 24 24 x 32 i) The Coach shall display number of coaches i.e. 9 car or 12 car or 15 car.

ii) The Destination shall display the abbreviated code of destination station in one or two characters as per existing practice.

iii) The Time will display the scheduled arrival time of the suburban trains in HH:MM in 12 Hrs. mode.

iv) The Mode will display the status of the train as ‘S’ for Slow and ‘F’ for Fast trains.

v) The Expected in minutes shall display time in minutes in two digits.

vi) There will be indications for service trains & train going to yard, abbreviated as Service, Yard which shall be display in the destination area of the display board.

3.4 Switch mode power supply (SMPS) with PWM feature working on 230V / 50Hz AC mains having minimum isolation of 2.5 KV. Full/Half bridge type shall be provided along with each face of the display board. The capacity of the power supply shall be designed by the contractor and approved by the railways. However the SMPS should be designed for minimum twice the capacity of the working load of the display boards. The power supply shall have short circuit, overload and over & under voltage protection, housed in a suitable metallic box.

3.5 There shall be provision for blanking the complete display board to ensure that no stray dots lights up and shall offer total contrast when there is no data signal from the operating console.

3.6 A yellow stencil on black background indicating the name of the fields to be displayed in Hindi at one face and in English on other face shall be pasted on a good quality acrylic sheet of yellow colour at the top of the display board. Florescent yellow paint or high quality self-adhesive sticker shall be used for this purpose.

3.7 The information’s displayed on the display boards shall be clearly visible from 40 to 50 meters. under normal ambient conditions. Proper weather protection and sun shed (hood) as per site requirement shall be provided to achieve the optimum visibility of the display boards.

3.8 Individual processor-CPU and SMPS shall be used to drive both faces of Single line double face display board. In case there is failure on one side of the display the other side should not be affected.

3.9 The CPU for LED display board shall be universal in design i.e. it shall be possible to use any CPU module for any type of display boards just by providing appropriate “Microcontroller”. CPU should be equipped with Microcontroller or higher version. EPROM based controller will not be acceptable.

3.10 The metallic housing of the display board shall be as per the specifications given in Para 6. Mounting of display boards & wiring of data and power cable shall be as per specifications given in Para 6.

3.11 A transparent acrylic sheet of suitable thickness & size should be provided to each face of the display boards to prevent the accumulation of dust between the LEDs. The 3mm acrylic sheet should be placed inside the indicator face and flushed from the front side.

3.12 A metallic shed of non corrosive material should be suspended through the down rods, over the display board to prevent the accumulation of the droppings of the birds on the display board.

4 SPECIFICATION OF EIGHT / FIVE LINE DOUBLE FACE STACKABLE TYPE TRAIN DESTINATION DISPLAY BOARD.

4.1 The Five line double face stackable type train destination display board having display area 12 x 416. It shall be made up of LED matrix of 12 X16 LEDs of 5mm in yellow Green colour fixed at a pitch of 6 mm. It shall

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be stackable type & shall conform the drawing No. DRM/BCT/TELE/2/299. The display unit shall be made up of 26 LED modules of 12 x 16 LED matrix. The LED matrix module of 12 x 16 LEDs shall be as per specifications detailed at Sr. No. 5.

4.2 The Eight Line double face LED based display board shall be made up of LED matrix of 12 X16 LEDs of 5mm in yellow Green colour fixed at a pitch of 6 mm. Each line of the display board shall have 12 rows and 256 columns of LEDs. Conforming to Drg. No. DRM/BCT/TELE/2/291. The LED matrix module of 12 x 16 LEDs shall be as per specifications detailed at Sr. No. 5.

4.3 The display board shall be capable of displaying Destination station, name of stations for WNHA (will not halt at), Slow-will halt at all station, Fast-will halt at, twelve/Nine coach Train, Ladies Special etc. and any other information sent from operating console.

4.4 Individual processor-CPU and SMPS shall be used to drive both faces of double face display board. In case there is failure on one side of the display the other side should not be effected

4.4 The CPU for LED display board shall be universal in design i.e. it shall be possible to use any CPU module for any type of display boards just by providing appropriate Microcontroller or higher version. EPROM based controller will not be acceptable.

4.5 It shall be possible to display all alphanumeric & special characters on LED display boards in multiple fonts in English and Hindi (Devnagri).

4.6 The character size for displaying numeric characters shall be of 12x8 dots and for Alpha characters 12 x 10 dots, with 2 column inter characters gap.

4.7 Switch mode power supply (SMPS) with PWM feature working on 230V / 50Hz AC mains having minimum isolation of 2.5 KV. Full/Half bridge type shall be provided. The capacity of the power supply shall be designed by the contractor and approved by the railways. However the SMPS should be designed for minimum twice the capacity of the working load of the display boards. The power supply shall have short circuit, overload and over & under voltage protection, housed in a suitable metallic box.

4.8 The information to be displayed at individual platforms shall be provided to the successful tenderer.

4.9 Whenever there is no specific message from PC for displaying any specific information, the display board will remain blank without any stray glowing dots.

4.10 The information’s displayed on the display boards shall be clearly visible from 45 to 50 meters. Under normal ambient conditions. Proper weather protection and sun shed (hood) as per site requirement shall be provided to achieve the optimum visibility of the display boards.

4.11 The metallic housing of the display board shall be as per the specifications given in Para 6. Mounting of display boards & wiring of data and power cable shall be as per specifications given in Para 7.

4.12 Yellow stencil on black background indicating the name of the fields to be displayed in Hindi at one face and in English on other face shall be pasted on a good quality acrylic sheet of yellow colour at the top of the display board. Florescent yellow paint or high quality self-adhesive sticker shall be used for this purpose.

4.13 A transparent acrylic sheet of

DELETED

DELETED

4.14 minimum 3mm thickness & size should be provided on a each face of the display boards to prevent the accumulation of dust between the LEDs . The 3mm acrylic sheet should be placed inside the indicator face and flushed from the front side.

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4.15 Suitable metallic shed of non corrosive material should be provided on top of the display board to prevent the accumulation of dropping of the birds on the display board.

4.16 The prototype shall be got approved from Railway before supply of the bulk material.

5.0 SPECIFICATION OF THE LED & LED MATRIX MODULES:

5.1 The 16 x 16 LED matrix module shall be made up of colorless/clear LEDs of 5mm (circular or elliptical) in yellow Green colour of 1000 mCd (approximately), fixed at a pitch of 10 mm, viewing angle Horizontal: minimum 60o ,vertical :25° minimum (Required for single line single face/double face advance train indicators and five-line single-face advance train destination display board).The wave length shall be approximate 570 to 575 nm.

5.2 The 24 x 16 LED matrix module shall be made up of colorless LEDs of 5mm (circular or elliptical) in yellow Green colour of 1000 mCd (approximately), fixed at a pitch of 10 mm, viewing angle Horizontal: minimum 60o .vertical :25° minimum. The wavelength shall be approximate 570 to 575 nm. (Required for single line double face platform train indicators).

5.3 The 12 x 16 LED matrix module shall be made up of colorless LEDs of 5mm (circular or elliptical) in yellow Green colour of 1000 mCd approx fixed at a pitch of 6 mm viewing angle Horizontal: minimum 60o ,vertical :25° minimum. The wavelength shall be approximate 570 to 575 nm. (Required for eight / four line double face destination display board).

5.4 The LED card should not have any components like register, transistor, IC etc. It should contain only LED’s and EURO connector to connect the driver circuit. All component should be mounted or placed on Driver card only. All LED cards and driver card should be attached/connected using EURO connector only and no other types of connector will be acceptable.

5.5 The Driver card should have separate drivers for rows and columns of each section of 16 x 16 LED matrix of 5mm LEDs in duty cycle of 1/16 and separate drivers for rows and columns of 24 x 16 LED matrix of 5mm LEDs in duty cycle of 1/12, similarly for 12 x 16 LED matrix of 5mm LEDs separate drivers for rows and columns in duty cycle of 1/12 shall be provided. The driver devices should have safety rating of 300% or higher driving capacity suitable for continuous round the clock operation. The driver card should also contain buffered latching devices.

5.6 The Driver Card Should have jumper setting and interchangeable. In case any one of the driver card goes faulty the operation of the other driver card in series should not get effected.

5.7 All ICs of driver cards & LED matrix module should be fitted with base unit i.e no ICs should be directly soldered on the PCBs. Industrial grade component ICs should be used for driving circuit.

5.8 There shall be a provision of blanking circuit on the driver card to prevent glowing of unwanted dots/ghost image. Thereby providing maximum contract to the display.

5.9 All the driver cards shall be cascaded in rows using flat cable of suitable size. All power connectors, data and address connectors shall be mounted on the driver cards. Power connector shall be of four-pin locking type, while Data and address bus shall be terminated through Suitable size FRC type connector of good quality.

5.10 The PCB used for fabrication of LED matrix card and driver cards shall be made up of glass epoxy with green masking and shall be coated with epoxy paste and antifungal varnish to provide protection against dust, humidity and mechanical abuse. The conducting pattern of PCBs shall comply with international standard prefixed.

5.11 The LEDs used for manufacturing the display board shall be of branded reputed make having both i.e. UL certification & ISO certification. A “Proof of purchase” and “manufacturer test report” or “test report from a government approved laboratory” as a documentary proof of luminosity of the LEDs shall be submitted along with the display boards.

6. GENERAL REQUIREMENT OF INSTALLATION / MOUNTING AND WIRING OF THE DISPLAY BOARDS:

6.1 The display board shall generally be hanged from the metallic structure of the roof of the platform & FOBs.

97

6.2 The metallic hanging arrangement shall be capable enough to bear the full mechanical load of the display boards and shall be able to prevent any accidental dislocation of the display board which may be hazardous for the safety of the passengers and shall be designed to prevent swinging of the display boards due to strong wind or movement of the trains or vibration.

6.2 In general the display boards shall be hanged from the platform/FOBs roof by using G.I. pipes of 25mm dia. One end of this G.I. pipe should be fixed with the metallic structure of the platform by using suitable metallic clamps, other end of the G.I. pipes shall be rigidly fixed with the inner sidewalls of the display boards. The length of the down rod (G.I. pipe of 25mm dia) for individual display boards shall vary as per site requirement.

6.3 In five line stackable type double face train indicator display board the metallic box should be of suitable strength to take required weight of the stackable lines above or below. The hanging arrangement can be modified to suit the stackability of lines. It should be also possible to add extra lines as and when required.

6.4 Wiring of the data cable and power cable shall be done through the PVC pipe separately. PVC pipes will be supplied by the Railways. The PVC pipe shall be properly fitted with the wall / roof / floor of the platform. Standard fixing material like clamps, elbows, T. joints, Straight joints, four way & three way junction boxes shall be provided by the contractor.

6.5 Provision shall be made to open the display boards from front side for maintenance by providing rust free hinges.

6.6 All display boards shall have air filter for proper ventilation arrangement and to avoid dust.

6.7 The approximate size of the display boards are indicated in the respective drawings however any minor increase or decrease in the size of the display board, if required, same shall be carried out by the contractor with the approval of the Engineer in charge without any extra cost.

6.8 The prototype of the cabinet along with the display unit and LEDs, SMPS, Driver shall be got approved by the railways before bulk manufacturing of the display board.

6.9 The down rod of the metallic hinges arrangement shall be fixed on the inner side of the wall of the cabinet of the display board.

6.10 A metallic shed / cover should be provided on top of the display board, suspended through the down rod of the display board or rigidly fixed with the walls to prevent the accumulation of dropping of birds on the display board.

6.11 Termination of the data cable shall be done by using proper terminal strips or by using proper connector of standard size of branded/reputed make.

6.12 The data cable & power cable from roof to the display unit shall be taken inside the hanging GI pipe to improve the aesthetics. No loose wire/exposed terminations, wires etc. shall be visible outside of the display board.

7.0 SPECIFICATION OF THREE CORE PVC INSULATED FLEXIBLE POWER CABLE.

7.1 The three-core PVC insulated flexible power cable shall confirm IS specification No. IS 694: 1990 (Reaffirmed – 1995) or latest and shall comply, the following specifications.

a) Nominal cross section area of conductor : 2.5 Sq. mm copper conductor.

b) Nominal thickness of insulation : 0.7mm

c) Nominal thickness of sheath : 1mm

d) Overall dimensions : 11.0mm

7.2 Shall be of reputed make.

8.0 SPECIFICATION OF FOUR PAIR PVC INSULATED TWIN TWISTED SCREENED COPPER

CABLE. 8.1 Four pair PVC insulated multistrand-screened data cable shall confirm the following specification.

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a) Core structure : Each core shall be made up of seven strands of tinned copper conductor of 0.2mm diameter each.

b) Nominal thickness of insulation : 0.6mm

c) Nominal thickness of sheath : 0.9mm

d) Screening %age : 90% of the inner surface area of the sheath by using copper wire mesh.

8.2 4 pair PVC insulated twin tested screened copper cable to be supplied shall be of reputed make like Finolex, Delton, USHA or superior.

9.0 SPECIFICATION OF POWER AMPLIFIER

Sr.no. Specification Zone – A Zone – B

1. Power Requirement AC: 200 – 240 Volts 50/60 Hz DC: 24 – 28 Volts.

2. AC Power Consumption 700 VA

3. Battery Consumption 24 Volt/ 4.5 Amps (Average) 24 Volt/ 4.5 Amps

(Average)

4.

R.M.S. Power Output Maximum

At 10% THD

At 5% THD (Rated)

At 2% THD

290 Watts

200 Watts

180 Watts

160 Watts

290 Watts

200 Watts

180 Watts

160 Watts

5. Output Regulation 2dB (No Load to Full Load at 1 K Hz)

6.

Inputs

Microphone

1, 2, 3, 4, 5, 6.

Axu. 1 & 2.

SENSITIVITY

0.5 mV

100 mV

IMPEDANCE

4.7 K Ohms

470 K Ohms

7.

Frequency Response

Pre-Amplifier

Amplifier

Overall

200-20000 Hz + 1dB

70 – 12000 Hz + 2dB

50 – 15000 Hz

200-20000 Hz + 1dB

70 – 12000 Hz + 2dB

50 – 15000 Hz

8. Signal to Noise Ratio 60 dB 60 Db

9. Tone Controls (Active) Bass + 10 dB at 100 Hz

Treble + 10 dB at 10 KHz

Bass + 10 dB at 100 Hz

Treble + 10 dB at 10 KHz

10. Pre-Amplifier Output 200mV / 600 Ohms 200mV / 600 Ohms

11. Line Output 1 Volt/ 1 K Ohms 1 Volt/1 K Ohms.

12. utput Taps for Speaker matching 4-8 Ohms (for direct

connections) 70-100 Volts Line (for use with LMTs)

4-8 Ohms (for direct connections) 70-100 Volts Line (for use with LMTs)

13. Output Level Indication 5 LED Array 5 LED Array

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14.

ions 12 Amps Circuit Protector for output circuit

12 Amps Circuit Protector for output circuit

AC Fuse – 5 Amps 250 Volts.

Protected against wrong battery polarity

9.1 Acceptable make & module Ahuja TZA – 4000 or Phillips. It shall be supplied along with battery & power connection cord of suitable capacity.

10.0 SPECIFICATION OF ALL ALLUMINIUM WEATHER RESISTANCE COLUMN SPEAKER OF AHUJA MAKE ASC-40T.

Sno. Specifications ASC-40T

1 Power handling 30W (Max) 45 W (RMS)

2 Speakers 2 (Two) 3 Impedance With 100 volt LMT Taps: 15 W,10 W,5 W,2.5 W 4. Frequency Response 150-10000 Hz

5 Housing Material Extruded Aluminum Case

11. SPECIFICATION FOR PLATFORM INTERFACING UNIT (RS232 to RS 485 / RS 422 INTERFACE):

11.1 It should be self powered, working on 230V AC. 11.2 Input of the interface shall be compatible with PC COM ports. The serial data to indicator boards will be sent

on RS232 COM ports. 11.3 08 Nos. optically isolated separate RS485 / RS 422 channels shall be provided. The cables from indicator

boards will be connected on these outputs. 11.4 MOVs shall protect the output of interface unit against high voltages.

12 SPECIFICATION OF MS BRACKET: 12.1 MS Bracket shall be made up of approximately 6mm thick metallic flat/angle of 1.5”width for fixing the

speakers of different type. The size and design of the brackets shall be as per site requirement. 13.0 LAYING OF DATA AND POWER CABLE OVER STEEL BRIDGES / PLATFORM ROOFS:

13.1 The laying of cable with metallic structure of the roofs of platform and FOBs shall be carried data out in presence of Railway representative.

13.2 Separate PVC conduit pipe shall be used for laying of data cable and power cable PVC pipes will be supplied by the Railways. However Standard fixing material like clamps, elbows, T. joints, straight joints, four way & three way junction boxes shall be provided by the contractor.

13.3 The data cable should be laid along with the metallic structure of the roof of the platforms and FOBs. Suitable metallic clamps shall be fixed at regular intervals to hold the PVC pipes along with the metallic structures/ girders to avoid any sagging of the PVC pipes.

13.4 The metallic clamp shall be made up of Aluminium strips of suitable size as per site requirement. 14.0 MODIFICATION IN SOFTWARE FOR TMS LAYOUT: 14.1 The required changes in yard layout

i) Major changes for for Mahim Station of Mumbai Division of Western Railway. ii)Minor changes for Bandra, Khar Road, Santacruz & Ville Parle stations of Mumbai Division of Western Railway.

14.2 The changes done at site to be reflected at Mumbai central TMS Barco. 14.3 This also includes necessary wiring required to be done for the proper functioning of the system.

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SECTION 7: BILL OF QUANTITIES

101

SUMMARY OF COST Name of Work: Design of circuits, Supply, Testing Commissioning of Indoor & Outdoor signaling equipments, trenching & cable laying at Mahim, Bandra, Khar Road, Santacruz & Vileparle stations in connection with Platform extension for running of 12 coach EMU rake on Harbour Line of Western Railway (MM-ADH Section) under MUTP-II ‘C’. BID NO : MRVC/W/MM-ADH/HBR/SIGG/2012/11

Offer sheet

Sr. No.

Schedule Description of Schedule Estimated Cost

Contractors % above/ at per /below to be quoted

Total Amount in Rs.

Rs. In figures In words (Rs.) (1) (2) (3) (4) (5) (6) (7) 1

Schedule-A SUPPLY & EXECUTION 7177919.00

Total amount of financial proposal 7177919.00

Note : 1. The bidder/s shall quote his/their uniform percentage above/at par/below in figures and in words under column 5 and 6 under each schedule. 2. Where there is a discrepancy between the rate in figures and words, the rates in words will govern. 3. Where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by quantity, the unit rate quoted shall govern.

MM BA KHR STC VLP

Train Indicator, PA System, Clock & TMS

1Supply of Integrated Work station for operation of trainindicator system and PC based announcement system asper Technical Specifications.

Nos. 1 1 1 1 1 5 64403.00 322015.00

2 Supply of UPS APC make or similar of 650VA as perTechnical Specifications. Nos. 1 1 1 1 1 5 10599.00 52995.00

3Supply of Single line Double face train indicator displayboard (Display area 24 X 192 LED matrix) as perTechnical Specifications.

Nos. 4 2 2 2 2 12 56022.00 672264.00

4Supply of Single line double face train destination displayBoard (display area 16 x 128 ) for FOBs as per TechnicalSpecifications.

Nos. 2 1 1 1 1 6 24537.00 147222.00

5Supply of Five line double face train destination displayBoard (display area 12 x 416 ) as per TechnicalSpecifications.

Nos. 4 2 2 2 2 12 319234.00 3830808.00

6 Supply of Mounting arrangement for fixing of Item No. 3,4 & 5 Above , as per Technical Specifications. Nos. 12 6 6 6 6 36 889.00 32004.00

7Supply of Platform interfacing unit (RS 232/Rs 485interface) complete with eight channel data destributionbox as per Technical Specifications.

Nos. 2 1 1 1 1 6 14319.00 85914.00

8Supply of Four pair PVC insulated, twin twisted, screenedcopper cable in overall PVC jacket as per TechnicalSpecifications.

meter 400 200 200 200 200 1200 26.00 31200.00

9 Supply of Three core, PVC insulated, flexible power cablein overall PVC jacket as per Technical Specifications. meter 400 200 200 200 200 1200 16.00 19200.00

10

Supply of shielededd cable of size 3/0.77 mm twin core onannealed copper conductor pvc taped pvc sheated of 400volts grade having a screen factor 50v/km at 50Hzconfirmring to ITD specification no -S/WS/117/B for PA

t

Mtrs. 400 200 200 200 200 1200 25.00 30000.00

11Supply of Two Zone Amplifier 400 Watts Ahuja MakeModel no TZA - 4000 or Similar as per Technicalspecification enclosed

Nos. 2 1 1 1 1 6 28788.00 172728.00

12 Supply of all aluminiumn weather resisitance columnspeaker (40 Watt) as per specification Nos. 12 6 6 6 6 36 3134.00 112824.00

13 Supply of PVC rigid pipe 25mm dia confirming to ISIspecification No. ISI / 9573 & of reputed make Mtrs 1200 600 600 600 600 3600 16.00 57600.00

14 Laying of cable through conduit pipe on the wall/floor/roofof the platform as per technical specifications. Mtrs 1200 600 600 600 600 3600 11.00 39600.00

15Installation, Testing & commissioning charges. Thisincludes interfacing with existing PC based indicatorssystem with necessary alteration if required.

L/S 12 6 6 6 6 36 6245.00 224820.00

16 Installation of speakers & Testing with existing PA system. L/S 12 6 6 6 6 36 91.00 3276.00

17Supply of MS bracket / clamps / Wooden base fixtures forfixing loudspeaker suitable for above speakers as pertechnical specification

Nos. 12 6 6 6 6 36 281.00 10116.00

18Supply & installation of GPS based double faced DigitalPlatform clock as per RDSO specification No:RDSO/SPN/TC/62/2008 Rev. 3 amendement - 1.

Nos. 2 1 1 1 1 6 50000.00 300000.00

19

Carrying out Mocification in softwares asrequired,Generating revised picture for Mahim, Bandra,Khar road, Santacruz & Ville parle station. Modificationin site data base

LS - - - - - 1 1033333.00 1033333.00

Total 7177919.00

RATE in Rs.Total Qty. AMOUNT (INR)

Name of work: Supply of materials, Installation , Testing & Commissioning of GPS base Digital Platform clock, Indicators and Public Address system, modification in yard layout for TMS in connection of Platform extension for Running 12 Coach EMU Rake on HB Line on WESTERN RAILWAY

BILL OF QUANTITIES SCHEDULE -A

Sl. No. Description Unit

Station Wise Quantity

102

103

ANNEXURE -2

RESUME OF Shri VISHNU DATT GAUTAM

NAME VISHNU DATT GAUTAM DATE OF BIRTH 10TH JULY 1939

ADDRESS D/37, RAILWAYMENS SOCIETY, SECTOR 2 VASHI, NAVI MUMBAI 400703 TELE NO 7826548

QUALIFICATION I. BSC II. BE (ELECT) FROM ROORKEE UNIVERSITY III. FELLOW/IETE IV. IRSSE (RETD)

PROFESSIONAL CAREER SPAN JULY 1963 TO JULY 1997 (34 YEARS) WORK EXPERIENCE PERIOD POST HELD EXPERIENCE SINCE RETIREMENT (1997)

PRINCIPAL CONSULTANT (S&T) Giving consultancy to PPPL for Railway Projects

01/12/96 – 31/07/97 CSTE/CENTRAL RAILWAY Planning & execution of Projects on Central Railway

01/06/95 – 01/12/96 CSTE/MTP MUMBAI Planning & execution of MTP Projects in Mumbai

01/01/91 – 31/05/95 CSTE/PLANNING & CSTE/C WESTERN RAILWAY

Planning & execution of S&T Projects including gauge conversion works on Delhi Ahmedabad route

01/06/87 – 31/12/90 CCE/CSTE/PLANNING/CSTE/C CENTRAL RAILWAY

Planning & execution of Projects on Central Railway

DETAILS OF SIGNALLING & TELECOM PROJECT FORMULATED AND EXECUTED 1 Track Circuiting on Concrete sleepers – 1970

2 Axle counter in Railway Yards – 1980

3 Automatic signaling with Axle Counter on Mathura-Palwal section of Central railway – 1984

4 Automatic Signalling with AFTC on Ahmedabad – Anand section of Western railway – 1995

5 Optical fiber Cable on CST-Kalyan section of Central railway – 1982

6 Train Management system on western Railway – 1994-95

7 Formulating the detailed estimate of DC/AC conversion on Central/Western railway 1995-96

8 Formulating & executing Passenger Reservation System on Central/western Railway

9 Worked as a Telecom Expert Member of a team constituted by Railway Board to find a viable

Telecom Scheme for Konkan Railway – 1994 (The report was accepted in TOTO & Project executed accordingly)

10 Joined Indian Railways as IRSSE Officer on July 1963 and served for 34 year holding various posts & retired as Chief signal & telecom Engineer from Central railway

104

SECTION 8: FORMS OF SECURITIES

105

Forms of Securities Acceptable forms of securities are annexed. Bidders should not complete the Performance and Advance Payment Security forms at this time. Only the successful Bidder will be required to provide Performance and Advance Payment Securities in accordance with one of the forms, or in a similar form acceptable to the Employer. Annex A: Bid Security (Bank Guarantee) Annex B: Performance Bank Guarantee Annex B1: Performance Bank Guarantee for Unbalanced Items Annex C: Deleted Annex D: Deleted.

106

Annex A BID SECURITY (BANK GUARANTEE) WHEREAS, _______________________ [name of Bidder] (hereinafter called "the Bidder") has submitted his Bid dated _______________________ [date] for the construction of _____________________________________ [name of Contract] (hereinafter called "the Bid"). KNOW ALL PEOPLE by these presents that We ______________________________ [name of bank] of ____________________________ [name of country] having our registered office at ___________________________________ (hereinafter called "the Bank") are bound unto ______________________________[name of Employer] (hereinafter called "the Employer") in the sum of ___________________1 for which payment well and truly to be made to the said Employer the Bank binds itself, his successors and assigns by these presents. SEALED with the Common Seal of the said Bank this _________ day of __________ 200____. THE CONDITIONS of this obligation are: (1) If after Bid opening the Bidder withdraws his bid during the period of Bid validity specified in

the Form of Bid; or (2) If the Bidder having been notified of the acceptance of his bid by the Employer during the

period of Bid validity: (a) fails or refuses to execute the Form of Agreement in accordance with the

Instructions to Bidders, if required; or (b) fails or refuses to furnish the Performance Security, in accordance with the

Instruction to Bidders; or (c) does not accept the correction of the Bid Price pursuant to Clause 26 of IFB; we undertake to pay to the Employer up to the above amount upon receipt of his first written demand, without the Employer having to substantiate his demand, provided that in his demand the Employer will note that the amount claimed by him is due to him owing to the occurrence of one or any of the three conditions, specifying the occurred condition or conditions. This Guarantee will remain in force up to and including the date ____________________2 days after the deadline for submission of Bids as such deadline is stated in the Instructions to Bidders or as it may be extended by the Employer, notice of which extension(s) to the Bank is hereby waived. Any demand in respect of this guarantee should reach the Bank not later than the above date. DATE _______________ SIGNATURE OF THE BANK _________________________ WITNESS ____________ SEAL _______________________________________ _________________________________________________________________ [signature, name, and address] ____________________________ 1 The Bidder should insert the amount of the guarantee in words and figures denominated in Indian Rupees.

This figure should be the same as shown in Clause 15.1 of the Instructions to Bidders. 2 45 days after the end of the validity period of the Bid.

107

Annex B PERFORMANCE BANK GUARANTEE

To: ______________________________________________ [name of Employer] _________________________________________ [address of Employer] WHEREAS _________________________ [name and address of Contractor] (hereinafter called "the Contractor") has undertaken, in pursuance of Contract No. _____ dated ________________ to execute __________________________ [name of Contract and brief description of Works] (hereinafter called "the Contract"); AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract; AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee; NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Contractor, up to a total of ____________________ [amount of guarantee] 1___________________________ [in words], such sum being payable in the types and proportions of currencies in which the Contract Price is payable, and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of ____________________ [amount of guarantee]1 as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein. We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with the demand. We further agree that no change or addition to or other modification of the terms of the Contract or of the Works to be performed thereunder or of any of the Contract documents which may be made between you and the Contractor shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. This guarantee shall be valid until ……… (i.e.) 28 days from the date of expiry of the Defects Liability Period. Signature and seal of the guarantor _____________________________ Name of Bank ____________________________________________ Address ____________________________________________ Date ____________________________________________ __________________

1 An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price specified in the Contract and denominated in Indian Rupees.

108

Annex B1

PERFORMANCE BANK GUARANTEE (for unbalanced items)

To: ______________________________________________ [name of Employer] _________________________________________ [address of Employer] WHEREAS _________________________ [name and address of Contractor] (hereinafter called "the Contractor") has undertaken, in pursuance of Contract No. _____ dated ________________ to execute __________________________ [name of Contract and brief description of Works] (hereinafter called "the Contract"); AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract; AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee; NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Contractor, up to a total of ____________________ [amount of guarantee] 1___________________________ [in words], such sum being payable in the types and proportions of currencies in which the Contract Price is payable, and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of ____________________ [amount of guarantee]1 as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein. We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with the demand. We further agree that no change or addition to or other modification of the terms of the Contract or of the Works to be performed there under or of any of the Contract documents which may be made between you and the Contractor shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. This guarantee shall be valid until …….. (i.e.) 28 days from the date of issue of the certificate of completion of works. Signature and seal of the guarantor _____________________________ Name of Bank ____________________________________________ Address ____________________________________________ Date ____________________________________________ __________________

1 An amount shall be inserted by the Guarantor, representing additional security for unbalanced Bids, if any and denominated in Indian Rupees.