tender no. 02 -south 2017 · 2018. 5. 1. · tender no. 02 -south 2017 contractor sr.den/south/bza...

Tender No. 02-South-2017

Contractor Sr.DEN/South/BZA of 34

BZA Divn., SCR, T.No. Tender No 02-South-2017 invited vide Open Tender Notice No. DRM/Works/BZA/25/2016 dated 21.12.2016 opened on 24.01.2017 for the work of Vijayawada Division: GDR - BZA section - Updating, reconciling, construction and certification of land boundary plans & Fixing land boundary stones in ADEN/NLR & ADEN/OGL sub-division in Sr.DEN/South/BZA Jurisdiction jurisdiction.//

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By Regd. Post with AD

भारत सरकार / Government of India

रेऱ मतं्राऱय / Ministry of Railways

दक्षिण मध्य रेऱवे / South Central Railway

ववजयवाडा मडंऱ / Vijayawada Division

मडंऱ रेऱ प्रबन्धक का कायााऱय

Office of the Divisional Railway Manager

काया शाखा / Works Branch

ववजयवाडा / Vijayawada.

No. B/W.496/I/4/T No.02/South/2017/T-I Dt. 03.03.2017

Shri. Challa Sesha Reddy,

C-89/26,

SINGARABOTLAPALEM,

Ponalluru Mandal, Prakasam Dist.

PIN 523 109.

Sir,

Sub: Tender No 02-South-2017 for the work “Vijayawada Division: GDR - BZA section - Updating,

reconciling, construction and certification of land boundary plans & Fixing land boundary

stones in ADEN/NLR & ADEN/OGL sub-division in Sr.DEN/South/BZA Jurisdiction

jurisdiction.” -Issue of Letter of Acceptance - Reg”

Ref: Your offer submitted through ireps website and opened on 24.01.2017 valid upto 23.04.2017.

***

1. The competent authority has accepted your offer in the above said tender at the following rates

quoted by you:

Schedule’A’

N.S items (+)28%

Plus twenty-eight percent.

With rate restriction.

Schedule’B’

N.S items (+)28%

Plus twenty-eight percent.

With rate restriction.

For a total value of Rs.30,97,784/- (Rupees thirty lakhs ninety-seven thousand seven hundred

and eighty-four) only, with restriction of rate of (+)28% on schedule ‘A’ and ‘B’ for comparison

in future estimates/tenders for dissimilar works

2. The work should be completed within 06 Months from the date of issue of letter of acceptance of

tender. Maintenance period of NIL Months.

3. The sum of Rs.48,410/- remitted vide IREPS Ref. Id/ PE147274/117012270846296 dt 22.01.2017,

towards EMD has been adjusted as part amount of the security deposit. The balance security deposit of

Rs.1,06,479/- shall be recovered at 10% of the bill amount till the full security deposit of Rs.1,54,889/-

is recovered.

4. In terms of special conditions of the contract, you shall furnish a performance guarantee either in the

form of irrevocable Bank guarantee (Proforma enclosed) amounting to 5% of the contract value i.e.,

Rs.1,54,889/- or in any form as mentioned in special conditions of contract provided in the tender




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document vide clause 9 (b) before signing of the agreement. The performance guarantee should be

valid up to the period of physical completion of the work plus 60 days beyond that. You shall have to

submit a Performance Guarantee (PG) within 30 (thirty) days from the date of issue of Letter of

Acceptance (excluding date of issue of Letter of Acceptance). Extension of time for submission of PG

beyond 30(thirty) days and up to 60 days from the date of issue of LOA (excluding date of issue of

Letter of Acceptance) may be given by the Authority who is competent to sign the contract agreement.

However, a penal interest of 15% per annum shall be charged for the delay beyond 30 (thirty) days, i.e.,

from 31st day after the date of issue of LOA. In case the contractor fails to submit the requisite PG even

after 60 days from the date of issue of LOA, the contract shall be terminated duly forfeiting EMD and

other dues, if any payable against that contract. You shall be debarred from participating in re-tender

for that work. Performance guarantee shall be released after satisfactory completion of the work based

on “completion certificate” issued by competent authority. For failure to submit performance guarantee

as above and sign the agreement within the stipulated time, action will be taken under relevant clauses

of tender conditions/General conditions of the contract.

5. Until a formal agreement is executed, acceptance of the Tender shall constitute a binding contract

between you and the administration.

6. You have to abide by the contract labour regulations and Abolition Act 1970) and rules, regulations

and amendments thereto that may be followed from time to time are binding on you in respect of this

contract. You have to submit the application in the prescribed form (Form-V) in triplicate for license

under contract labour (Regulation and abolition) Act for 20 or more workers and under BOCW Act for

less than 20 workers together with the demand draft towards security deposit and license fee to the

undersigned to forward the same to the concerned Licensing Officer for issue of the license

irrespective of the number of labour employed for the work. The work should not be executed

without a valid labour license.

7. Failure to start the work within ten days, the contractor is liable for penal action as per clause

62 of the General conditions of contract.

Encl: Schedule with conditions and the bank guarantee Pro-forma

Yours faithfully

(B. Venkata Rao)

Sr.Divisional Engineer/South

S.C.Railway/Vijayawada.

For and on behalf of the President of India

Copy to: 1) Sr DFM/BZA (2) ADEN/NLR & OGL (3) SSE/P.Way/ NLR,BTTR, OGL & KVZ(4) Ch.OS/WA-

South (5) SSE/track/drg. (6) OS/Budget (7)Asst Labour Commissioner (Central), 5th

Floor, Central Govt. Office

Complex, Plot No.G.2, Industrial Estate, Autonagar, Vijayawada – 520 0007 for kind information.




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South Central Railway Vijayawada Division

Tender No.02-South-2017

Vijayawada Division: GDR - BZA section - Updating, reconciling, construction and

certification of land boundary plans & Fixing land boundary stones in ADEN/NLR &

ADEN/OGL sub-division in Sr.DEN/South/BZA Jurisdiction jurisdiction

Similar Nature of work:- NIL

Est. Sanctioned No&date Allocation Amount Rs.

B/W. 201/I/148/Plg, dt. 18-03-2015 04-532-32 Rs.24,20,144/-

Aggregate awarded value: Rs.30,97,784/-

06 Months

Period of Maintenance NIL

Name of the Tenderer/

Contractor

Shri. Challa Sesha Reddy,C-89/26,

SINGARABOTLAPALEM, Ponalluru Mandal

Prakasam Dist.




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Schedule-A List of items of works that are not covered in Indian Railways Unified SSR 2010/South Central Railway P.Way SSR-2004

Sl. No

N.S No

Description of work Approx.

Qty Rate Rs.

Unit Amount

Rs.

1 NS

Updating, reconciling, construction and certification of Railway land boundaries in Railway land plans with revenue records available with 'state survey and land records department.' in a manner acceptable to the state revenue authorities, incorporating adjacent properties, fixing start and end chainages, conducting field survey for locating the Rly boundary on ground by referencing the location with respect to the 'through main line track', identifying and recording track bridges, ROBs, RUBs and level crossings also recording a few important permanent land marks/ structures (at least 1 per Km) which can serve as reference points for future cadastral/ engineering survey; preparing separate engineering survey drawing on 'linen cloth,' showing the Railway boundaries, Railway land survey numbers, Railway Land schedule, Railway land area, adjacent properties, through mainline track and important permanent land marks / structures (at least 1 per Km) in engineering drawing scale 1:1000. Deliverables will include all authentic documents pertaining to the authenticity of the raillway boundaries, engineering scale drawings in scale 1:1000 with details as mentioned above. The land plans must be signed by competent Revenue department officials such as Tahasildar, Revenue Divisional Officer as well as competent railway officials and the land plans must show 'Land Schedule' indicating district, mandal, village, survey numbers, corresponding area of Rly. land (acres-cents) etc.

76 16760 Per Km

1273760

Note : Contractor has to carry-out survey on rough terrain containing un-even ground with thorney bushes,water-logged areas. These aspects may be kept in mind before quoting rates.

(Item one only) Total of schedule – A 1273760

PERCENTAGE RATE QUOTED

IN FIGURES (+)28%


IN WORDS Plus twenty-eight percent.




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Schedule-B List of items of works that are not covered in Indian Railways Unified SSR 2010/South Central Railway P.Way SSR-2004

Sl.No N.S No

Description of work Approx

. Qty Rate Rs.

Unit Amount

Rs.

1 NS

Casting, transporting and fixing precast RCC land boundary pillars along the railway track alignment with M 15 grade concrete of size 350mm (bottom) x 230mm (top) x 1550mm (height) as per similar drg No. Dy/CE/C/V/SC/SK/1-2002 including engraving letter "SCR", km, TP No/Hecto metre post No. and Sl.No. of the pillar and applying one coat of primer paint and two coats of red enamel paint including excavation of pits and fixing into the ground to 900mm depth with contractors OP cement, steel , sand, aggregate, paint, curing, labour, materials, form work all lead, lift, transportation to the site of work etc., complete as per specifications and as directed by the Engineer - in - charge.

3040 377.10 Each 1146384

Note : 1) There is no through road path available along the alignment and these pillars/stones may required to be carried from the casting place to the location of fixing by manually, as such the tenderer should take note of this. The rate quoted is inclusive of such incidental charges.2) Letters "SCR" followed by km/post No. and distance from the through main line track alignment should be engraved and painted conspicuously visible on the boundary stone by the contractor at his own cost. 3) Maximum permissible distance between RCC land boundary pillars is 50m.

(Item one only) Total of schedule - B 1146384


IN FIGURES (+)28%


IN WORDS Plus twenty-eight percent.




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Locations of Un-certified Land plans in Sr.DEN/South/BZA Jurisdiction

S.No KM(in TPs) KM (in meters)

Length (kms) From To From To

1 134/5 136/11 134.16 136.36 2.200

2 176/28 190/25 176.91 190.81 13.900

3 200/22 202/36 200.72 203.17 2.450

4 205/2 209/21 205.07 209.68 4.610

5 215/16 218/12 215.52 218.39 2.870

6 223/4 227/12 223.13 227.39 4.260

7 237/32 240/2 238.04 240.07 2.030

8 249/6 254/1 249.2 254.03 4.830

9 261/12 263/28 261.39 263.91 2.520

10 271/14 273/18 271.46 273.59 2.130

11 278/28 292/0 278.91 292 13.090

12 297/24 300/1 297.78 300.03 2.250

13 0 18.59

18.590

Grand Total

75.730




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GENERAL CONDITIONS

1. The Tenderers are required to quote a uniform percentage rate above/below/at par on the

items on the Schedule- A & B separately both in figures and words. If there is any variation

in between the uniform percentage rate quoted in words and figures, the uniform percentage

rate quoted in words will be taken as correct and final.

2. The quantities shown in the tender schedule are approximate and shall be operated in full or

part at the discretion of the Engineer in charge.

3. Payment will be made based on the actual quantities operated/executed.

4. The Railway administration will not be responsible for the safety of contractor‟s labor

engaged in this work.

5. The contractor shall make his own arrangements for men, materials, tools, consumables etc.,

required for the work at his own cost and shall be responsible for safe working of trains at a

restricted speed of 20 Kmph on work spot.

6. The Railway reserves the right to reject or alter any part of the work executed by the

contractor, which in the judgment of Railway does not comply with the requirements of the

specifications. The decision of the Railway shall be final and conclusive for all purposes.

7. All the works executed by the tenderer/contractor covered in USSR-2010 should comply

with Indian Railways Unified Specifications for Works & Materials-2010 (Vol-I & II).

8. All the works executed by the tenderer/contractor shall, in accordance with Indian Railways

Works Manual-2000 and Code for the Engineering Department-1999.

9. All the works executed by the tenderer/contractor shall be followed / complied in accordance

with Railway Board/RDSO/HQ guidelines/circulars/correction slips for works & materials

and Engineering standing orders issued by the Principal Chief Engineer, S.C.Railway from

time to time.

10. Vehicles and equipment of contractors can be drafted by the Railway administration in case

of accidents/natural calamities involving human lives. However, the number of hours, the

equipment put to use is to be compensated as per prevailing rates inclusive of fuel charges on

actual basis.

11. Conservancy charges as applicable and as modified from time to time will be recovered from

Contractor‟s running bills.

12. In the event of any accident at the work site and it is established during the departmental

enquiry by the Railways that the accident occurred wholly or partly due to any act of

tentamounting to negligence on the part of the Contractor or his labour in not adhering to the

instructions of the Engineer-in-charge. The Contractor shall himself be liable for damage and

also legal prosecution if loss of life is involved.

13. The contractor is primarily responsible for safety of traffic and also that of his staff working

on the track. No compensation what so ever towards damage to men, material of the

contractor will be paid by railways it is essential that adequate safety measures are taken for

the safety of the trains as well as the work force.

14. The look out and whistle caution orders shall be issued to the trains and speed restrictions

imposed where considered necessary. Suitable flagmen/detonators shall be provided where

necessary for the protection of trains.

15. Supplementary site-specific instructions, wherever considered necessary, shall be issued by

the Engineer in Charge.




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16. If any other items of works covered by Unified SSR 2010 are required to be carried out for

the same percentage shown there in enhanced/ diminished/ at par as the case may be at the

same percentage as tendered/accepted for this work.

17. The items included in the tender schedule should be carried out in accordance with the S. C.

Railway standard specifications for materials and works 2010 with the up to date correction

slip there to of S.C.Railway

18. The contractor is responsible for safe passage of trains. All trains will be allowed with the

specific approval of SSE/SE/P.Way-in-charge in the portion of track under repairs by the

Contractor. Any variation in this regard, the Contractor will be held responsible for all

damages caused out of negligence manipulated by his staff.

19. The work to be carried out under traffic conditions. It is the responsibility of the Contractor to

see that there is no detention or interruption to the movement of trains and „No Claim‟ will be

admissible towards loss of time/wastage of labour employed etc., that may be incurred by the

contractor due to the movement of trains. The rate quoted should cover all such

contingencies.

20. The contractor should engage qualified engineer/retired P.Way Inspector conversant with

P.Way work to supervise at his cost. Work should be taken up only in the presence of the

Engineer nominated for this work.

21. It is the responsibility of the contractor to arrange for a watchman to guard against theft, etc.,

till that times the released materials is handed over to Engineer - in - charge.

22. This work shall be completed within 06 months from the date of issue of the acceptance

letter.




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SAFETY PRECAUTIONS TO BE TAKEN AT WORK SITE. 1.1. The Contractor shall not allow any road vehicle belonging to his or his suppliers etc. to ply in

railway land next to the running line. If for execution of certain works, viz., earthwork for parallel

railway line, supply of ballast for new or existing railway line etc. road vehicles are necessarily to

be used in railway land next to the railway line, the contractor shall apply to the Engineer-in-

charge for granting permission giving the type and number of individual vehicles, names and

license particulars and permanent addresses of drivers, location, duration and timings for such

work/movement. The Engineer-in-charge or his authorized representative will personally counsel,

examine and certify the road vehicle drivers, contractor‟s flagmen and his supervisors to be

deployed on the work, location, period and timing of the work.

This permission will be subject to the following obligatory conditions:-

i) The Road vehicle will ply only between sunrise and sunset.

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

flagmen and one supervisor or his representative certified for such work.

iii) The vehicles shall ply 6 Meters (from Centre of Track) away from track. Any movement

/work at less than 6 Meters and up to minimum 3.5 Meters clear of track center shall only

be done in presence of railway employees authorized by the Engineer-in-charge . No part of

road vehicle will be allowed at less than 3.5 Meters from track center.

iv) The Contractor shall remain fully responsible for ensuring safety and in case of accident,

shall bear the cost of all damages to the equipments and men and also damages to railway

and its passengers.

v) Engineer-in-charge may impose any other condition necessary for a particular work or site.

1.2.1. The Contractor at all times shall adopt safe working methods to ensure safety of

structures, equipments and labour at site of works.

1.2.2. The contractor shall not start any work without the presence of Railway supervisor or

his representative authorized by ADEN-in-charge and Contractor‟s supervisor at site.

1.2.3. The methodology proposed to be adopted by the Contractor is to be approved by

Engineer-in-charge with a view to ensure of safety of trains, passengers and workers

and he shall also ensure that the methods and arrangements are actually available at

site before start of the work and the contractor‟s supervisors and the workers have

clearly understood the safety aspects and requirements to be adopted / followed while

executing the work.

1.2.4. There shall be an assurance Register kept at each site, which will have to be signed by

both, ie., Railway Supervisor or his representative as well as the contractor‟s

supervisor as a token of their having understood the safety precautions to be observed

at site.

1.2.5. Survey of site by Supervisor of contractor and Railway‟s Supervisor is to be done to

assess precautions to be taken at site for working of trains and materials required for

protection.

1.2.6. The list of permissible / sanctioned infringements to moving dimensions for the section

shall be made available where work is to be done to execute the works without

infringing the moving dimensions.

1.2.7. Competency certificate issued by ADEN-in-charge with the Contractor‟s supervisor at

site should be available in the format given in Annexure-I.




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1.2.8. The detailed plans for safe execution of works, duly approved by the Division should

be available for undertaking execution of such works which have bearing on moving

dimensions, especially those works close to the running lines and fixed structures on

brides, inside tunnels etc.,

1.2.9 Look-out caution, speed restrictions as well as traffic block shall be ensured where

necessary for execution of works affecting running lines.

1.2.10 Mobile phones or Walky-Talkie sets where necessary should be provided at work

sites.

1.3. Precautionary measures to be taken at work site away from the track:-

1.3.1. Trenches and foundation pits should be adequately and securely fenced, provided with

proper caution signs and marked with red lights at suitable intervals during night to

avoid accidents. Adequate protective measures should be taken to see that the

excavation operations do not affect or damage adjoining existing buildings.

1.3.2. Proper precautions should be taken for safety of persons and adjoining property

before undertaking any blasting operation. Red flags should be prominently displayed

around the area to be blasted. All the people on the work except those, who actually

light the fuses, should be withdrawn to a safe distance of not less than 300 meters

from the blasting site. Recommendations given in I.S. 4081:1986 should be followed

for safety during various operations involved in the process of blasting.

1.3.3. Suitable scaffold should be provided for workman for all works that cannot be safely

done from the ground or from solid constructions except such works which can be

done safely from ladders for a short period. When a ladder is used, extra labour

should be engaged for holding the ladder and if the ladder is used for carrying

materials as well, suitable foot holds and handholds should be provided on the ladder

and ladder should be given an inclination not steeper than 4 to 1 ( Four vertical to one

Horizontal).

1.3.4. Workers employed on mixing asphalt materials, cement and lime mortars should be

provided with protective hand and footwear and protective goggles.

1.3.5. Workers employed in white washing and stacking of cement bags or any materials

which are injurious to the eyes should be provided with protective goggles.

1.3.6. Workers engaged in welding works should be provided with welder protective eye-

shields, single piece cotton cloth and shoes.

1.3.7. Stone breakers should be provided with protective goggles, leg-guards and protective

clothing and they should be seated at sufficiently safe distance from each other.

1.3.8. A fully equipped First-Aid Box should be maintained at site by the Agency with at

least one person fully trained to give First-Aid.

1.3.9. Inflammable articles such as Petrol, oil etc., should be stored separately from other

materials and all prescribed precautions as per the Indian Explosive Act should be

taken.

1.3.10. In the Bridge work, Track works, repairs to tunnel and demolition of structures

through contractual Agency, the safe working and ensuring safety of workman

employed should be specifically laid down in the contract itself.

1.4. Precautionary measures to be taken at work site in vicinity of track:- 1.4.1. Drivers of trains must be served with caution order to look out for any obstruction at the place

of work.

1.4.2. Arrangements should be made to protect the track in case of emergency at work site.




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1.4.3. Before the start of the work, the land strip adjacent to the running track where road vehicle /

machinery is to ply for the work shall be demarcated by lime in advance at the appropriate

distance from the centre of existing track in consultation with the Railway

Supervisor[Annexure-IV(A)]. Sketch showing the location of marking and barricading along

the full length of the work area should be done as per the sketch given in [Annexure-IV (B)].

This will enable the workmen posted at the site and also the lorry drivers to have clear

guidelines on the movement of vehicles.

1.4.4. Movement of Lorries near the track should be prohibited during night. In case it is

unavoidable adequate protective measures including lighting must be ensured in the complete

work area for the safety of the Public and Passengers. Also additional staff shall be posted as

necessary for night working.

1.4.5. Work should not be allowed to progress without the prior approval of the Engineer-in- charge

in case movement of vehicles close to the track is involved.

1.4.6. Machines and vehicles should ply 6 meters (from Track centre) in case movement at less than

6 meters away from the track is inescapable, it should be permitted in the presence of Railway

employee authorized by the Engineer-in-charge.

1.4.7. Contractor‟s representative should be issued a certificate by ADEN to the effect that they

have acquired sufficient knowledge about the safety precautions that are needed to be

followed while working near the track.

1.4.8. The worksite shall be suitably demarcated to keep public and passengers away from work

area. Necessary sign boards such as Work in progress etc. shall be provided at appropriate

locations to warn the Public / passengers.

1.4.9. Check lists given in Annexure-II and III shall be used to ensure that all the requisite

measures have been taken before start of work and work in progress.

1.4.10. All temporary arrangements required to be made during execution of work shall be made in

such a manner that moving dimensions do not infringe. Necessary checks shall be exercised

by Site in-charge from time to time.




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WORKING OF CONTRACTOR’S VEHICLES AT SITE

a. When the contractor’s vehicles are to be worked closer to 6m but not less than 3.5m from center line of the running track (Annexure-VA)

i) Drivers of vehicle shall be briefed about safety and precautions to be taken while moving/working close to traffic.

ii) Demarcation of the land shall be done by bright coloured red ribbon/nylon rope of 12mm thick suspended on 75cm high wooden/bamboo posts at a distance of 3.5m from center line of nearest running track as shown in (Annexure-IVC)

iii) Contractor shall ensure the road vehicle/Machinery ply in a way so that these do not infringe the line of demarcation.

iv) Presence of an authorized Railways representative shall be ensured before plying of vehicles or working machinery.

v) Railway supervisor shall issue suitable caution order to drivers of approaching train about road vehicles plying or machinery working close to running tracks. The train drivers shall be advised to whistle freely to warn about the approaching train. Whistle boards shall be provided wherever considered necessary.

vi) Lookout men shall be posted along the track at a distance of 800m from such locations, which will carry red flag and whistles to warn to the road vehicles/machinery users about the approaching trains.

vii) On curves where visibility is poor, additional lookout men shall be posted. viii) In unusual circumstances, where operator apprehends infringement to track while working

truck/machinery near running track, following action shall be taken:

a) The contractor /supervisor/vehicle operator immediately advise the situation to Railway official and assist him in protecting the track.

b) Protection shall be done for other emergencies.

2. When the contractor’s vehicles are to be worked close to 3.5m from center line of running track:

i) Plying of vehicle or working of machinery closer to 3.5m of running track shall be done under protection of track. Traffic block shall be imposed wherever considered necessary. The site shall be protected as per the sketch given in (Annexure-VB) and the provisions of Para No. 806 & 807 of P-way Manual as the case may be.

ii) Presence of a Railway supervisor shall be ensured at work site. iii) Railway supervisor shall issue suitable caution order to drivers of approaching train about road vehicles

plying or machinery working close to running tracks. The train drivers shall whistle freely to warn about the approaching train.

3. Parking of vehicles or construction machinery:

i) No vehicle or construction machinery shall be parked in unmanned condition on a gradient sloping towards running track.

ii) Even on level ground or gradients sloping away from the track, vehicles or construction machinery shall be parked in unmanned conditions at a minimum distance of 6m from nearest track center in fully braked condition. In addition to brakes, suitable wedges shall also be applied on all the wheels.

4. TRAINING Training in safe working methods for both along and on the track should be imparted to supervisors /operators of the work executing agencies. Such training may be imparted at zonal/divisional training schools for required duration as deemed fit, with a view to ensure that the field staff engaged in such works get acquainted with the safety precautions that are needed to be taken while executing the works.




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ANNEXURE - I

COMPETENCY CERTIFICATE

Certified that Shri………………………………………………….

P.Way supervisor of M/s. …………………………… has been

Examined regarding P.Way working on ………………………….

Work. His knowledge has been found satisfactory and he is capable of

Supervising the work safely.

ASSISTANT ENGINEER




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ANNEXURE – II

CHECK LIST (BEFORE STARTING THE WORK)

Name of the work : ………………………………………………………………………………

Location …………………………………………………………………………………………

Duration of the work : From …………………………… To …………………………………

Sl. No

Details Yes No

1 Contractor’s supervisor identified / Selected. Who is going to be site in-charge?

2 Training imparted to contractors supervisor & Certificate issued?

3 Work site inspected by Constructions supervisor / other department’s supervisors along with contractor’s supervisor?

4 Precautions to be taken identified and listed?

5 Plan of work, drawn out by contractor’s supervisor in consultation with Railway’s supervisor?

6 Plan of work, brought to the knowledge of open line AEN/IOW & PWI?

7 Before start of the work, proper lime marking / barricading had done at site of work?

8 Men deputed for protection of track along with safety equipments?

9 Caution order issued for the train drivers in case work is being done within 6mts of centre of running track?

10 Drivers of vehicles/machinery being used have been identified?

11 Drivers of vehicles/machinery briefed about the safe working?

12 Sufficient lighting provided at site of work for night working?

13 Infringements checked?

14 Sectional (Open line) AEN/PWI/IOW have satisfied themselves regarding safety arrangements?

15 Availability of Walkie –Talkie sets for communication?

Signature of construction/ Other departments Supervisor Date: Signature of Open line’s Supervisor.




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ANNEXURE – III CHECK LIST

( WHILE WORK IN PROGRESS )

Name of the work : ………………………………………………………………………………

Location …………………………………………………………………………………………

Duration of the work: From …………………………… To …………………………………

Date of inspection ……………………………………………………

Sl.No

Details Yes No

1 Does the contractor’s supervisor have the certificate?

2 Does the knowledge of contractor’s supervisor on safety of track & work site is up to the mark?

3 Is the Railway’s supervisor of Construction Organization/other departments available at site?

4 Is knowledge of Railway’s supervisor O.K.?

5 Is lime marking/barricading done?

6 Are adequate safety precaution taken?

7 Are communication facility (Walkie – Talkie sets) available at site?

8 Are only identified drivers driving the vehicles/machinery?

9 Is whole work site safe for working of men/vehicles & trains?

10 Are adequate lighting arrangements done at site?

11 Are adequate protection equipment available at site?

12 Is caution order to trains being issued?

13 Are train drivers following the enforced temporary speed restriction?

14 Has work permit been taken for working in Electrified territory/Station yards (P &C areas)

Signature of inspecting officer Designation




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ANNEXURE – IV

(A)Marking of Line with Lime

3500mm

150 mm wide white line with lime

Vehicle / trucks can ply in this` area

(B) Provision of Barricading

3500mm

Barricading

Luminous tape/Red Colour Nylon Rope 12 mm thick

Post (Bamboo / Steel / Concrete)

1200mm

3500mm 3500mm 3500 mm

C) Elevation of Barricading




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ANNEXURE –V

A) Plying of Vehicles/Machinery between 3.5 mts.

to 6.0 mts from centre of track

3500mm

Contractor‟s supervisor Railway‟s supervisor

150 mm wide white line with lime

6000mm

B) Plying of Vehicles / Machinery within 3.5 mts from center of track

DN LINE

Banner flag in day time / HS lamps in night

detonators

UP LINE

1200 metres

3500mm detonators

Contractor‟s supervisor Railway‟s supervisor




18

ANNEXURE-I.

Draft proceeding order to be followed by TRD and Engineering supervisors/

Tenderer/Contractor with regard to maintenance works for the Bridges:

1. “ No Work” shall be done above or with in 2 meters from the live OHE with out a ”permit-to-

work”.

2. Use of steel measuring tapes or long metalising wires is prohibited in electrified sections.

3. Painting work should be done under the supervision of competent Bridge engineering staff

only.

4. To carry out the painting/maintenance works on the girder bridges i.e., with in the vicinity of

OHE (less than 2 Meters distance) a memo has to be sent to TRD supervisor of the

jurisdiction by the BRI duly mentioning the time period required to arrange the „permit to

work‟.

5. No Engineering (SSE/Works) supervisor should allow the contractor staff or bridge staff to

carryout the works on bridges (Less than 2 meters from OHE) with out obtaining “permit-to-

work” from the authorized person of TRD Official.

6. After obtaining power-block on OHE, the TRD supervisor will then arrange two discharge

rods to OHE on either side of the Bridge work spot, and then issue permit –to-work to

engineering supervisor.

7. After completion of the work, the Engineering supervisor should give a clearance memo to

TRD supervisor and then only the two discharge rods will be removed from OHE and the

OHE will be charged.

8. Care should be taken when labour were engaged by contractor to do the painting on the girder

bridges i.e., they should be allowed to work after obtaining permit to work only.

9. While doing he painting/maintenance works beyond 2 meters distance to OHE the staff must

be counseled/watched not to come into the danger zone (i.e. below 2 meters distance to OHE)

during the course of working by SSE/Works.

10. Responsible person from the BRI side should be available at the work spot of the Bridge

maintenance/painting works) during the “power block” (permit to work) period to avoid any

untoward incidents.




19

SPECIAL CONDITIONS OF CONTRACT

1 The rates include all lead and if the materials obtained by rail all freight charges including

loading charges.

2 Sales tax, Royalties and Octroi duties, if any, that may be payable under Provincial

Government Sales Tax Act or Local Bodies Act or rules on any of the material that may

be used or supplied by the contractor will be payable by the contractor. The Railway will

neither pay the taxes or duties nor be bound to compensate the contractor for any amounts

paid by him by way of these taxes or duties.

Sales Tax at 4% on the materials portion of the contract will be deducted from each on

account bill where identifiable. Where the labour and material portion is not clearly

identifiable, the labour element shall be taken as 30%. On the balance 70% of the value of

the work, 4% shall be deducted pro-rata from each “on account bill” towards Sales tax.

Seigniorage charges recoverable from bills:-

Seigniorage charges for supply of earth, mooram, sand and other minerals as fixed by the

State Government and payable to them as revised from time to time during the currency

of contract will be recovered by Railway from the contractors “on account” and “final

bills” and remitted to the state government. The rates quoted by the Tenderer shall be

inclusive of these charges. Claims regarding revision of seigniorage charges and

consequent enhancement of the accepted rate will not be entertained. However, no

seigniorage charges / fee shall be recovered from the bills of the contractor, if the

contractor produces documentary evidence e.g. “Transit Passes” issued by State Govt.

Officials in token of having paid seigniorage fee. In such cases, the genuineness of such

documentary evidence produced along with proof of payment of seigniorage charges,

shall be got verified by the Railway from the concerned Mining and Geology Dept

3 WATER:- A charge of One percent will be made by the Railway for the supply by the

Railway of piped water from existing pipe lines and calculated on the amount of all items

of work (SSR/NS items) appearing in the bills payable to the contractor in respect of

which work such water has been issued to the Contractor and such charges should be

deducted from sums due or payable by the Railway to the Contractor from time to time.

4 In the event of water having to be brought by the Railway to the site of the work in

traveling tanks, the actual freight at Public Tariff rate and all other charges incurred

therein including any demurrage that may be levied shall be payable by the Contractor

and deducted from sums due or payable by the Railways to the Contractor from time to

time.

In addition to the charges of one percent referred to above, if additional pipe lines to those

already existing are called for by the contractor, the cost of the same and all charges

incurred by the Railway in their laying including supervision charges will be paid by the

contractor or the contractor provides and lay his own piping at the discretion of Divisional

Engineer.

5 The Railway does not guarantee work under each items of the Master Schedule. For

example if a gate-lodge or gang huts are to be built between stations and the work order

issued to the sectional contractors additional payment on account of lead or freight

charges for the materials that may have to be brought by rail or by road, will not be

admissible.




20

6 If there arises any discrepancy between the printed Unified Standard schedule of Rates

2010 as amended by addendum and corrigendum slips issued from time to time upto date

and the schedule attached to the Tender pertaining to this work, the former shall be

treated as authentative and binding in all purposes shall prevail.

7 Rubble masonry shall be first sum of Railways Specification No 503 according to South

Central Railway Specification for materials and works. contractors attention is

particularly invited to dressing of stone as laid down in the Railway‟s specification.

8 The Special conditions supplemented to the conditions of Tender and contracts the

General conditions of contract and the notes appearing under the relevant chapter and sub

chapters of the Unified Standard schedule of Rates 2010 should be considered as part of

the contract papers where the provisions of these conditions are at variance with General

Conditions of Contract these special conditions shall prevail.

9 Performance Guarantee (P.G.):- a. The successful bidder shall have to submit a Performance Guarantee (PG) within 30

(thirty) days from the date of issue of Letter of Acceptance (Excluding the date of issue of

LOA;Ref-CE/Works/SC letter No.W.148/P/GCC/Vol.II dt.30-05-2014). Extension of

time for submission of PG beyond 30(thirty) days and upto 60 days from the date of issue

of LOA may be given by the Authority who is competent to sign the contract agreement.

However, a penal interest of 15% per annum shall be charged for the delay beyond 30

(thirty) days, ie., from 31st day after the date of issue of LOA(Excluding the date of issue

of LOA;Ref-CE/Works/SC letter No.W.148/P/GCC/Vol.II dt.30-05-2014). In case the

contractor fails to submit the requisite PG even after 60 days from the date of issue of

LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any payable

against that contract. The failed contractor shall be debarred from participating in re-

tender for that work.

b. The successful bidder shall submit a Performance Guarantee (PG) in any of the following

forms, amounting to 5% of the contract value:-

(i) A deposit of Cash,

(ii) Irrevocable Bank Guarantee,

(iii) Government Securities including State Loan Bonds at 5 percent below the

market value,

(iv) Deposit receipts, Pay orders, Demand Drafts and Guarantee Bonds. These

forms of Performance Guarantee could be either of the State Bank of India

or of any of the Nationalized Banks;

(v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled

Banks;

(vi) A Deposit in the Post Office Saving Bank;

(vii) A Deposit in the National Savings Certificates;

(viii) Twelve years National Defence Certificates;

(ix) Ten years Defence Deposits;

(x) National Defence Bonds; and

(xi) Unit Trust Certificates at 5 percent below market value or at the face value

whichever is less.

Also FDR in favour of Senior Divisional Finance Manager, S.C.Railway,

Vijayawada (free from any encumbrance) may be accepted.




21

1.0 The Performance Guarantee shall be submitted by the successful bidder after the Letter

Of Acceptance (LOA) has been issued, but before signing of the contract agreement. This

P.G. shall be initially valid up to the stipulated date of completion plus 60 days beyond

that. In case, the time for completion of work gets extended, the contractor shall get the

validity of P.G. extended to cover such extended time for completion of work plus 60

days.

1.1 The value of PG to be submitted by the contractor will not change for variation upto

25%(either increase or decrease). In case during the course of execution, value of the

contract increases by more than 25% of the original contract value, an additional

Performance Guarantee amounting to 5%(five percent) for the excess value over the

original contract value should be deposited by the Contractor.

1.2 On the other hand, if the value of Contract decreases by more than 25% of the original

contract value, Performance Guarantee amounting to 5% (five percent) of the decrease

in the contract value shall be returned to the contractor. The PG amount in excess of

required PG for decreased contract value , available with Railways, shall be returned to

contractor as per their request duly safeguarding the interest of railways.(Ref: Railway

Board Letter No.2016/CE-I/CT/1/PG dt.27-06-2016 communicated vide PCE /SC Letter

No.W.148/P/G.C.C./Vol.II dt.11-07-2016)

The procedure to release “Excess PG available with Railways with respect to required

PG for decreased contract value” will be as under:

Contractor shall submit his request to release current PG, along with submission of a

revised PG of requisite amount as notified/communicated by Railways, in any of the

forms as per clause 16(4)except in cases where earlier PG has been submitted either

in Cash or Demand draft.

Railways shall duly verify and confirm the genuinity of revised PG as per

concurrent guidelines.

After Confirmation regarding genuinity of revised PG of requisite value, earlier PG

can be released.

In cases where current PG is either in Cash or Demand draft, the „Excess PG

available with Railways with respect to required PG for decreased contract value‟

shall be released duly considering the request of contractor.

1.3 The Performance Guarantee (PG) shall be released after physical completion of the

work based on the „Completion Certificate‟ issued by the competent authority stating

that the contractor has completed the work in all respects satisfactorily. The security

deposit, however, shall be released only after the expiry of the maintenance period and

after passing the final bill based on „No Claim Certificate’ from the contractor.

1.4 Whenever the contract is rescinded, the security deposit shall be forfeited and the

Performance Guarantee shall be encashed. The balance work shall be got done

independently without risk and cost of the failed contractor. The failed contractor shall

be debarred from participating in the tender for executing the balance work. If the

failed contractor is a JV or a partnership firm, then every member/ partner of such a

firm shall be debarred from participating in the tender for the balance work either in

his / her individual capacity or as a partner of any other JV / partnership firm.




22

1.5 The Engineer shall not make a claim under the Performance Guarantee except for

amounts to which the President of India is entitled under the contract (not withstanding

and / or without prejudice to any other provisions in the contract agreement) and this

shall be in the event of:

i) Failure of the contractor to extend the validity of the Performance Guarantee as

described herein above, in which event the Engineer may claim the full amount of the

Performance Guarantee.

ii) Failure of the contractor to pay President of India any amount due, either as agreed by

the contractor or determined under any of the Clauses / Conditions of the agreement,

within 30 days of the service of notice to this effect by Engineer.

iii) The contract being determined or rescinded under provision of the GCC the

Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal

of the President of India.

10 Security Deposit:-

The scale of Security Deposit that is to be recovered from the contractor shall be as

follows.

a. Security Deposit should be 5% of the contract value.

b. The rate of recovery will be at the rate of 10% of the bill amount till the full

Security Deposit is recovered.

c. Security Deposit will be recovered only from the running bills of the contract

and no other mode of collecting SD such as SD in the form of instruments like

Bank Guarantee, Fixed Deposit Receipt etc., shall be accepted towards Security

deposit.

d. Conversion of Security Deposit into FDR after recovery of full stipulated

SD (FA& CAO/SC letter No.AFX/EMD/Policy/ Vol.I dt.26.8.2010 circulated

vide PCE/SC lr. No.W.148/ SCRCA dt.30.9..2010):- If the contractor so

desires, the cash deposits in the form of security deposit may be allowed to be

converted into FDRs(in favour of respective Accounts Officers and on account

of contractor), after full recovery, at the discretion of the Railway, duly

collecting necessary charges of conversion by the Railway Administration.

The security deposit shall be released only after the expiry of the

maintenance period and after passing the final bill based on „No Claim

Certificate‟.

After the work is physically completed, security deposit recovered from

the running bills of a contractor can be returned to him if he so desires, in lieu of

FDR/irrevocable bank guarantee for equivalent amount to be submitted by him.

In case of contracts of value Rs.50 crores and above, irrevocable bank guarantee

can also be accepted as a mode of obtaining security deposit.




23

11 REVISED COMPREHENSIVE CLAUSE 46A OF GCC– PRICE VARIATION

CLAUSE: As per Railway Board Letter No.2007/CE-CT/18/Pt.19 dt.14.12.2012-Price

Variation Clause shall be applicable only for contracts of value ( Contract

Agreement value) Rs.50 lakh and more, irrespective of the contract completion

period and Addendum & Corrigendum Slip (ACS) No.6 to GCC, July 2013:

Amendment to Clause 46A.7 (a sub-clause of PVC) to GCC issued by Railway Board

vide Lr.No.2007/CE-I/CT/18/Pt.13 dt.02/05/2014 communicated vide PCE/SC Lr. No

.W.148/P/G.C.C./Vol.II dt.05/06/2014 and Addendum & Corrigendum Slip (ACS) No.2

to GCC, July 2014: Amendment to Clause 46A.1(a sub-clause of PVC) to GCC issued

by Railway Board vide Lr.No.2007/CE-I/CT/18/Pt.19(FTS8798) dt.15-10-2014

communicated vide PCE/SC Lr.No.W.148/P/G.C.C./Vol.II dt.12-12-2014.

Clause 46A-Price Variation clause:

46A.1. Price Variation clause shall be applicable only for contracts of value as prescribed by the

Ministry of Railways through instructions/circulars issued from time to time and

irrespective of the contract completion period. Variation in quantities shall not be taken

into account for applicability of PVC in the contract. Materials supplied free of cost by

Railway to the contractors shall fall outside the purview of Price Variation clause. If, in

any case, accepted offer includes some specific payment to be made to consultants or

some materials supplied by Railway free or at fixed rate, such payments shall be

excluded from the gross value of the work for the purpose of payment/recovery of price

variation.

Applicability of PVC based on original contract value is illustrated as under-

“If estimated value of a tender (N.I.T. value) is Rs.55 lakhs; but value of the contract as

per Contract Agreement is Rs.45 lakh, then PVC shall not apply, even if the actual final

value is Rs.50 lakh or more due to variation in quantities during execution of the

contract. Thus, variation in quantities after signing of Contract Agreement is not relevant

for deciding whether PVC is applicable to a contract or not.”

46A.2. The Base Month for „Price Variation clause‟ shall be taken as month of opening of tender

including extensions. If any, unless otherwise stated elsewhere. The quarter for

applicability of PVC shall commence from the month following the month of opening of

tender. The Price Variation shall be based on the average Price Index of the quarter

under consideration.

46A.3. Rates accepted by Railway Administration shall hold good till completion of work and no

additional individual claim shall be admissible on account of fluctuations in market

rates, increase in taxes/any other levies/tolls etc., except that payment/recovery for

overall market situation shall be made as per Price Variation Clause given hereunder.

46A.4. Adjustment for variation in prices of material, labour, fuel, explosives detonators, steel,

concreting, ferrous, non-ferrous, insulators, zinc and cement shall be determined in the

manner prescribed.

46A.5. Components of various items in a contract on which variation in prices be admissible ,

shall be Material, Labour, Fuel, Explosives, Detonators, Steel, Cement, concreting,

Ferrous, Non-ferrous, Insulator, Zinc, erection etc., However, for fixed components, no

price variation shall be admissible.




24

46A.6. The percentages of labour component, material component, fuel component etc., in

various types of Engineering Works shall be as under:

Component Percentage Component Percentage

A) Earthwork contracts:

Labour

component

50% Other material

components

15%

Fuel

component

20% Fixed

component*

15%

A) Ballast and Quarry Products contracts

Labour

component

55% Other material

components

15%

Fuel

component

15% Fixed

component*

15%

B) Tunnelling Contracts

Labour

component

45% Detonators

component

5%

Fuel

component

15% Other material

components

5%

Explosive

component

15% Fixed

component*

15%

C) Other Works Contracts

Labour

component

30% Fuel component 15%

Material

component

40% Fixed

component*

15%

*it shall not be considered for any price variation.

46A.7. The Amount of variation in prices in several components (labour, material etc., ) shall be

worked out by the following formulae:

i) L= W x (LQ-LB) x LC

LB 100

ii) M = W x (MQ-MB) x MC

MB 100

iii) F = W x (FQ-FB) x FC

FB 100

iv) E = W x (EQ-EB) x EC

EB 100




25

v) D = W x (DQ-DB) x DC

DB 100

vi) S = SW x (SQ-SB)

vii) C = CV x (CQ-CB)/CB

For Railway Electrification works: viii) T = {(CS – CO) /CO X 0.4136} X Tc

ix) R = { (RT – RO) / RO + ( ZT - ZO ) / ZO x 0.06 } x Rc

x) N = { (PT – PO ) / PO } x Nc

xi) Z = { ( ZT – ZO ) / ZO } x Zc

xii) I = { ( IT – IO ) / IT } x 85

Where

L Amount of price variation in labour

M Amount of price variation in Materials

F Amount of price variation in fuel

E Amount of price variation in Explosives

D Amount of price variation in Detonators

S Amount of price variation in Steel

C Amount of price variation in Cement

T Amount of price variation in Concreting

R Amount of price variation in Ferrous Items

N Amount of price variation in Non-Ferrous Items

Z Amount of price variation in Zinc

I Amount of price variation in Insulator

LC % of Labour component

MC % of Material component

FC % of Fuel component.

EC % of Explosive component

DC % of Detonators component

Tc % of Concreting Component

Rc % of Ferrous Component

Nc % of Non-Ferrous Component

Zc % of Zinc Component

W Gross value of work done by contractor as per on-account bill(s), excluding cost of

materials supplied by Railway at fixed price, minus the price values of cement and

steel. This will also exclude specific payment, if any, to be made to the consultants

engaged by contractors (such payment shall be indicated in the contractor‟s offer)

LB Consumer Price Index Number for Industrial Workers- All India- Published in RBI

Bulletin for the base period.




26

LQ Consumer Price Index Number for Industrial Workers- All India-Published in RBI

Bulletin for the average price index of the 3 months of the quarter under consideration.

MB Index Number of Wholesale Prices- By Groups and sub-Groups-All commodities- as

published in the RBI Bulletin for the base period.

MQ Index Number of Wholesale Prices- By Groups and Sub-groups-All commodities- as

published in the RBI Bulletin for the average Price index of the 3 months of the quarter


FB Index Number of Wholesale Prices- By Groups and sub-Groups for Fuel and Power as

published in the RBI Bulletin for the base period.

FQ Index Number of Wholesale Prices- By groups and sub-groups for Fuel and Power as

published in the RBI Bulletin for the average price index of the 3 months of the quarter


EB Cost of explosives as fixed by DGS&D in the relevant rate contract of the firm from

whom purchases of explosives are made by the contractor for the base period.

EQ Cost of explosives as fixed by DGS&D in the relevant rate contract of the firm from

whom purchases of explosives are made by the contractor for the average price index

of the 3 months of the quarter under consideration.

DB Cost of detonators as fixed by DGS&D in the relevant rate contract of the firm from

whom purchases of detonators are made by the contractor for the base period.

DQ Cost of detonators as fixed by DGS&D in the relevant rate contract of the firm from

whom purchases of detonators are made by the contractor for the average price index

of the 3 months of the quarter under consideration.

SW Weight of steel in tonne supplied by the contractor as per the „on-account‟ bill for the

month under consideration

SQ SAILs (Steel Authority of India Limited) ex-works price plus Excise Duty thereof (In

rupees per tone) for the relevant category of steel supplied by the contractor as

prevailing on the first day of the month in which the steel was purchased by the

contractor (or) as prevailing on the first day of the month in which steel was brought to

the site by the contractor whichever is lower.

SB SAILs ex-works price plus Excise Duty thereof ( in Rs. Per tonne) for the relevant

category of steel supplied by the contractor as prevailing on the first day of the month

in which the tender was opened.

CV Value of cement supplied by contractor as per „on account‟ bill in the quarter under

consideration

CB Index no. of Wholesale Price of sub-group (of Cement & Lime) as published in RBI

Bulletin for the base period.




27

CQ Index no. of Wholesale Price of sub-group (of Cement & Lime) as published in RBI

Bulletin for the average price index of the 3 months of the quarter under consideration.

Cs RBI Wholesale Price index for cement and lime for the month which is six months

prior to date of casting of foundation.

Co RBI Wholesale Price index for cement and lime for the month which is one month

prior to date of opening of tender.

RT IEEMA Price index for Iron & Steel for the month which is two months prior to date

of inspection of material.

Ro IEEMA Price index for Iron & Steel for the month which is one month prior to date

of opening of tender.

PT IEEMA Price for Copper wire bar for the month which is two months prior to date of

inspection of material.

Po IEEMA Price for Copper wire bar for the month which is one month prior to date of

opening of tender.

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

of material.

Zo IEEMA Price for Zinc for the month which is one month prior to date of opening of

tender.

IT RBI Wholesale Price index for structural clay products for the month which is two

months prior to date of inspection of material.

Io RBI Wholesale Price index for structural clay products for the month which is one

month prior to date of opening of tender.

46A,8. The demands for escalation of cost shall be allowed on the basis of provisional indices

made available by Reserve Bank of India. Any adjustment needed to be done based on

the finally published indices shall be made as and when they became available.

46A.9. Relevant categories of steel for the purpose of operating Price Variation formula, as

mentioned in this caluse, based on Sails Ex-Works Price Plus Excise Duty thereof, shall

be as under:

Sl.

No.

Category of Steel supplied in Railway

work

Category of Steel produced by SAIL Whose

Ex-works Price Plus Excise Duty Would be

Adopted to Determine Price Variation.

1. Reinforcement bars and other rounds TMT 8mm IS 1786 Fe 415/Fe 500

2. All types and sizes of angles Angle 65x65x6mm IS 2062 E250A SK

3. All types and sizes of plates PM plates above 10-20mm IS 2062 E250A

SK

4. All Types and sizes of channels and

joists Channels 200x75mm IS 2062 E250A SK

5. Any other section of steel not covered

in the above categories and excluding

HTS

Average of price for the 3 categories covered

under SL 1, 2, & 3 above.




28

46A.10. Price variation During Extended Period of contract.

The price adjustment as worked out above, ie., either increase or decrease shall be

applicable upto the stipulated date of completion of work including the extended period

of completion where such extension has been granted under Clause 17-! Of the General

Conditions of Contract. However, where extension of time has been granted due to

contractors failure under Clause-17B of the General conditions of Contract, price

adjustments shall be done as follows:

a) In case the indices increase above the indices applicable to the last month of original

completion period or the extended period under clause 17-A, the price adjustment for

the period of extension granted under Clause 17-B shall be limited to the amount

payable as per the Indices applicable to the last month of the original completion

period or the extended period under clause 17-A of the General conditions of

contract; as the case may be.

b) In case the indices fall below the indices applicable to the last month of

original/extended period of completion under caluse 17-A, as the case may be; then

the lower indices shall be adopted for the price adjustment for the period of

extension under caluse 17-B of the General Conditions of Contract.

12 DEDUCTION OF INCOME TAX AT SOURCE

In terms of new Section 194-C inserted by the Finance Act 1972 , in the income tax Act

1961 the Railway shall at the time of arranging payments to the contractor and/or sub

contractor(in the case of sub contractor only when the Railway is responsible for

payment of consideration to him under the contract) for carrying out any work

(including supply of labour for carrying out any work) under the contract be entitled to

deduct income tax at source on Income comprised in the sum of such payments.The

deduction towards income tax to be made at source from the payments due to non-

residents shall continue to be governed by Section 195 of the Income Tax Act 1961.

No Income Tax will be deducted by the Railway on payments made for supply of

materials where such value of supply portion is distinct and ascertainable such as supply

of Timber, tiles, bricks, ballast including track/ballast etc. The deductions towards

Income Tax to be made at source from the payment due to non/residents shall continue

to be governed by Section 195 of the Income Tax Act 1961.

13 LIABILITY OF CONTRACTOR(S) - ANY DAMAGE SUSTAINED BY

RAILWAYS DURING ACCIDENTS ETC., CAUSED DUE TO CONTRACTOR(S)

FAILURES, FAULT OR NEGLIGENCE.

Railway will post an Engineer-in-charge who may be SSE/SE/JE or Supervisor of any

grade at site for Technical Supervision of the work. This Engineer-in-charge will be

responsible for safety of the traffic. The work shall be executed by the contractor in a

workman like manner to the satisfaction of the Engineer-in-charge. The Contractor and

his labour shall be guided by the instructions of the Engineer-in-Charge. In the event of

any accident occurring at the work site and it is established during the departmental

enquiry by the Railway or by Statutory enquiry of CRS, that the accident occurred wholly

or partly due to any act tantamounting to negligence on the part of the contractor or his

labour in not adhering to the instructions of the engineer-in-charge, the contractor shall

render himself liable for damages and also legal prosecution if loss of life is involved.




29

14 Implementation of – the Building and other construction Workers (RECS) Act, 1996

and the Building and other Construction Workers Welfare Cess Act, 1996 in

Railway Contracts.

“The Tenderer for carrying out any construction work in Andhra Pradesh (name of State)

must get themselves registered from the Registering Officer under Section-7 of the Building

and other Construction Workers Act, 1996 and rules made thereto by the Andhra Pradesh

(name of State) Government and submit certificate of registration issued from the Registering

Officer of the Andhra Pradesh (name of the State) Government (Labour Department). For

enactment of this act, 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 purview of cess,

when supplied under a separate schedule item.”

ANNEXURE- “III”

WORKS CONTRACT CLAUSE-13

1. In case cement, Steel, AC sheet with or without accessories, GI sheets with or without

accessories, glasses or any other materials/items are issued to the contractor(s)either

free of cost or on cost to be recovered for use on the work as stipulated in the

agreement the supply thereof shall be made in stages depending on the progress of the

work, limited to the quantity /quantities computed by the Railway, according to the

prescribed specification and approved drawings as per agreement.

The materials supplied should conform to Railway‟s Specification in all respects

should be in accordance with approved sample.All such materials supplied to the

contractor(s) for the work either free of charge or on payment as the case may be will

be issued to contractor(s) at the Railway depot/godown/goods shed and will have to

be transported by the contractor to the site of work at his cost. All such materials shall

be used by the Contractor for the work in such quantities as are indicated in the

schedule or in the relevant specifications or drawings or as approved by the Engineer,

whose decision thereon shall be final. Wastage or damages of such materials in any

manner shall be totally avoided. The contractor(s) shall be liable to the accountal for

all such materials issued by Railway either free of cost or on payment excluding the

permissible wastage which incase of steel materials should not in any case exceed 1%

of the total quantity required for the work as per the approved drawings. No wastage

under other items is permissible. Short lengths of rods should also be utilized to the

extent possible by overlapping joints.

The Cement, Steel, A.C.Sheets with or without accessories, G.I sheets with or

without accessories glasses or any other materials issued in excess of the

requirement(s) as above, shall be returned in perfectly good condition by the

contractor(s) to the Railway at the Railway depot/Godown/Goods shed

at________immediately after completion or termination of the contract. If the

contractor fails to return the said materials then the cost of such materials issued in

excess of the requirement as computed by Railway according to the specification

and approved drawings will be recovered from the contractor(s) at twice the

prevailing procurement cost at the time of last issue viz., 2 x (purchases price +5%

freight only). This will be without prejudice to the right of Railway to take action

against the contractors under the condition of the contract for not

doing/completing the work according to the prescribed specification and approved

drawings. If it is discovered that the quantity of cement, steel or any other material

used is less than the quantity computed by the Railway, according to

specifications and approved drawings the cost of materials not returned will be

recovered at the same rates as applicable to excess issue of materials, indicated in

the preceding para.




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2. It shall be the responsibility of the contractor to keep in safe custody any Railway

material plant or equipment issued for the work. The contractor shall at his own

expense provide suitable temporary shed/sheds for this purpose on the Railway land

made available by the Railway free of rent and shall remove the shed/sheds when no

longer required in terms of clause 30 of General conditions of contract.

3. If due to any reason the Railway is not in a position to make available the Railway

land the Railway Engineer-in-charge of the work may permit the contractor to erect at

his own cost shed/sheds or secure private accommodation outside the Railway

premises. In such a case the contractor may be permitted to take the Railway material

required for the works outside the railway premises and to store in the Shed so erected

or private accommodation so secured. It shall be the responsibility of the contractor to

keep the railway material in safe custody and the same should be kept entire separate

from the contractors‟ material and the Railway shall have liberty to inspect the same

from time to time.

4. The code Nos. description and rates given in the schedule are based on the printed USSR -

2010, of S.C.Railway. Any discrepancy noticed during the execution of the work, in the

working rates quantity of cement etc. should be rectified by reference to the printed schedule,

which shall be treated as authoritative and binding on the contract. The relevant notes

applicable to the respective sub chapters will apply to the items of the Tender schedule and

should be considered as having been incorporated in the contract agreement and binding on

the Contractor.

5. For any other items not specially shown in the schedule of rates appended to the tender

document, the Divisional/Executive Engineer will offer rates as shown for the_________

zone in the South central railway printed USSR - 2010, of S.C.Railway subject to the same

percentage adjustment accepted in the contract being applicable to the additional items.

6. Railway shall not supply from its own quota to the contractors controlled or imported

commodities. Assistance will, however given by recommending to appropriate authorities.

Contractor applications for issue of import licenses and release of controlled commodities if

the Engineer is satisfied that this material is actually required by contractor for carrying out

the work and is not available in the country.

7. VARIATION OF COSTS. Price variation clause is not applicable for contract Agreement

value upto Rs.50 lakhs. Time is the essence of contract.

8. (a)PERIOD OF COMPLETION: The Railway expects that a resourceful and experienced

contractor should be able to complete the work in all respects within the period as specified

in the Tender Notice and in the Schedule where items of work are furnished from the

date of letter of acceptance of the Tender.

(b) Extension of time of completion will be governed by clause 17 of General Conditions of

Contract. However, while granting the extension of time under clause 17(B) of GCC, a

token penalty as deemed fit based on the circumstances of the case can be imposed on

the contractor without prejudice to other rights of Railway Administration as provided

under GCC.

9. MAINTENANCE PERIOD: The work shall be maintained after completion for a period as

specified in the Schedule where items of work are furnished by the contractor and he shall

make good any defects, imperfections, shrinkages or faults which may appear at his own cost.




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10. It is HEREBY AGREED that it shall be the duty of the contractor to keep himself informed

of all corrections, and amendments of the said General conditions of contract made up to the

date of the execution of these presents and no objection shall be taken by the contractor on

the ground that he was not aware of such amendments and corrections of the said General

Conditions of Contract or to any of them.

11. VARIATION IN CONTRACT QUANTITIES:-

The procedure as detailed below shall be adopted for dealing with variations

in quantities during execution of works contracts:

(a) The Railway reserves the right to alter the designs and drawings. If due to change of drawing

or design or any other reasons, there be variations, either increase or decrease in quantities,

payment will be made only for the actual quantities executed at the accepted rates. If there be

sufficient cause the Railway may grant extension of the date of completion suitably. Such

circumstances shall in no way affect or vitiate the contract or alter the character thereof, or

entitle the contractor to damages or compensation thereof except as provided for in this

contract.

(b) The quantities of each item of work furnished in the Schedule are approximate and are

intended for the guidance of Tenderer/Contractor. In actual execution of work there may be

some increase in the quantities specified. Such variation upto 25% shall in no degree affect

the validity of the contract and it shall be performed by the contractor as provided therein and

be subjected to the same conditions, stipulations and obligations originally and expressly

included and provided for in specifications and drawings and the amount to be paid there for

shall be calculated in accordance with accepted schedule rates.

(1) Prior Finance concurrence is necessary for varying the individual quantities beyond 25% or

where the gross agreement value exceeds 25% of the agreement value.

(2) Individual NS items in contracts shall be operated with variations of plus or minus 25% and

payment would be made as per the agreement rate. For this, no Finance concurrence would be

required.

(3) In case an increase in quantity of an individual item by more than 25% of the agreement

quantity is considered unavoidable, the same shall be got executed by floating a fresh tender.

If floating a fresh tender for operating that item is considered not practicable, quantity of that

item may be operated in excess of 125% of the agreement quantity (100% i.e., the original

quantity +25% ie., quantity over and above the original quantity) subject to the following

conditions.

(a) Operation of an item by more than 125% of the agreement quantity needs the approval of

an officer of the rank not less than S.A. Grade:

(i) Quantities operated in excess of 125% but upto 140% of the agreement quantity of

the concerned item, shall be paid at 98% of the rate awarded for that item in that

particular tender;

(ii) Quantities operated in excess of 140% but upto 150% of the agreement quantity of

the concerned item shall be paid at 96% of the rate awarded for that item in that

particular tender;

(iii) Variation in quantities of individual items beyond 150% will be prohibited and

would be permitted only in exceptional unavoidable circumstances with the

concurrence of associate finance and shall be paid at 96% of the rate awarded for

that item in that particular tender.




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(b) The variation in quantities as per the above formula will apply only to the Individual

items of the contract and not on the overall contract value.

(c) Execution of quantities beyond 150% of the overall agreement value should not be

permitted and, if found necessary should be only through fresh tenders or by negotiating

with existing contractor, with prior personal concurrence of FA&CAO/ FA&CAO(C)

and approval of General Manager.

(4) The limit for varying quantities for minor value items shall be 100% (as against 25%

prescribed for other items). A minor value item for this purpose is defined as an item whose

original agreement value is less than 1% of the total original agreement value.

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

(6) As far as SSR/SOR items are concerned, the limit of 25% would apply to the value of

SSR/SOR schedule as a whole and not on individual SSR/SOR items. However, in case of NS

items, the limit of 25% would apply on the individual items irrespective of the manner of

quoting the rate (single percentage rate or individual item rate).

(7) For the tenders accepted at the Zonal Railways level, variations in the quantities will be

approved by the authority in whose powers revised value of the agreement lies.

(8) For tenders accepted by General Manager, variations upto 125% of the original agreement

value may be accepted by General Manager.

(9) For tenders accepted by Board Members and Railway Ministers variations upto 110% of the

original agreement value may be accepted by General Manager.

(10) The aspect of vitiation of tender with respect to variation in quantities should be checked and

avoided. In case of vitiation of the tender (both for increase as well as decrease of value of

contract agreement) sanction of the competent authority as per single tender should be

obtained.

(11) In cases where decrease is involved during execution of contract:

(a) The contract signing authority can decrease the items upto 25% of individual item

without finance concurrence.

(b) For decrease beyond 25% for individual items or 25% of contract agreement value, the

approval of an officer not less than rank of S.A. Grade may be taken, after obtaining „No

claim certificate‟ from the contractor and with finance concurrence giving detailed

reasons for each such decrease in the quantities.

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

same work at a later stage.

(d) In the event of any reduction in the quantity to be executed for any reasons whatsoever, the

contractor shall not be entitled to any compensation but shall be paid only for the actual

amount of work done.

(e) The contractor is bound to notify the Engineer at least seven days before the necessity

arises for the execution of any item in excess of 25% of the overall value of the agreement.

(12) In case the contractor fails to attend the meeting after being notified to do so or in the

event of no settlement being arrived at, the Railway shall be entitled to execute the extra

works by other means and the contractor shall have no claim for loss or damage that result

from such procedure.




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9 12)Employment of Civil Engineering Graduates/Diploma-holders:

The contractor shall employ the following technical staff during the execution of this

work.

i) One graduate engineer when the cost of the work to be executed is Rs.2 Crores and

above.

ii) One qualified diploma holder (over-seer) when the cost of the work to be executed is

more than Rs.25 lakhs but less than Rs.2 Crores. Technical staff should be available at

site whenever required by the Engineer-in-charge to take instructions. In case the

contractor fails to employ the technical staff as aforesaid, he shall be liable to pay a

reasonable amount not exceeding a sum of Rs.40,000/- (forty thousand only) for each

month of default in case of graduate engineer and Rs.25,000/- (twenty five thousand

only) for each month of default in case of diploma holder (over-seer)

(Modification of Cl.26 and introduction of new Cl.26A to IR‟s GCC Ref: Rly. Bd. Lr.No.2012/CE-

I/CT/0/20, dt.10.05.2013.)

The decision of the Engineer-in-charge as to the period for which the required technical staff was

not employed by the contractor and as to the reasonableness of the amount to be deducted on this

account shall be final and binding on the contractor.

iii) Individuals having Diploma in Railway Engineering awarded by IPWE (India) shall

also be considered as qualified Diploma holder Engineers and contractors for track

contract works can employ such individuals at their worksite on Indian Railways.(Ref:

Rly. Bd. Lr.No.2012/CE-I/CT/0/20, dt.12.07.2013.)

Note: The above clause is not applicable for contracts for Welding of Rail joints.

13) Railway Contractors / Extension of Provident Fund Act to the Employees working under

Railway Contractors:-

The Contractor shall comply with the provisions of EPF & MP Act, 1952 and obtain code

number from the concerned authorities whenever workmen employed by him are 20 or

more. He shall also indemnify Railways from and against any claim, penalties, recoveries

under the above Act and Rules. Contractors to get the code number under the EPF so as to

enable the PF Commissioners to extend the social security benefits to the workmen

engaged by the Railway contractors. The first month‟s bill will be released only after code

number is taken from the PF Office and a copy of coverage intimation produced.

Subsequently for each month, bills will be released only on submission of challans & 12 A

monthly return copy in proof of remittance of PF dues for previous month.”

14) Conservancy charges as applicable and as modified from time to time will be recovered

from Contractor’s running bills.




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SPECIAL CONDITIONS

MODIFICATION TO CLAUSE 63 & 64 OF

GENERAL CONDITIONS OF CONTRACT

1 The Provision of Clause 63 and 64 of the General Conditions of Contract will be

applicable only for settlement of claims /disputes, for values less than or equal to 20% of

the original value (excluding the cost of materials supplied free by Railway) of the

contract or 20% of the actual value of the work done (excluding the value of the work

rejected) under the contract whichever is less. When claims/disputes are of value more

than 20% of the value of the original contract or 20% of the value of the actual work

done under the contract, whichever is less, the contractor will not be entitled to seek

such disputes/claims for reference to arbitration and the provisions of Clause No; 63

&64 of the General Conditions of Contract will not be applicable for referring the

disputes to be settled through arbitration.

2 The Contractor shall furnish his monthly statement of claims as per Clause 43(1) of

General Conditions of Contract. But the Contractor should seek reference to

arbitration to settle the disputes only once, subject to the conditions as per Para 1.

3 The Special conditions shall prevail over the existing Clause 63 & 64 of General

Conditions of contract.

tender no. 02 -south 2017 · 2018. 5. 1. · tender no. 02 -south 2017 contractor sr.den/south/bza...

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