east coast railway item no:6/21 07 /201 5/wat/engg ......1 east coast railway item no:6/21 tender...

1

EAST COAST RAILWAY Item No:6/21

Tender Notice No. : 07/2015/WAT/Engg, Dt: 26.03.2015

Name of work : Casual renewal of 230 Nos. cracked steel

channel sleepers with new galvanized steel channel sleepers on various girder bridges and miscellaneous works of new channel sleepers placement at Br.No:962 in connection with post restoration works under Divl. Engineer (West) on KK line of Waltair Division.

Value of Tender : `̀̀̀ 57,47,159/-

Cost of Tender Document : `̀̀̀ 5,000/-

EMD in cash only i.e. cash deposited in Railway’s

Cash Office/ DD, PO, Bankers Cheque.

: `̀̀̀ 1,14,950/-

Date of opening of tender : At 14:30 Hrs on 14.05.2015

Contract of currency : 12 (Twelve months)

Estimate No : 1. WAT/Est/DRF/KK-II/132/2014

2. WAT/Est/REV(Spl)/KK-II/60/2014.

Similar Nature of work : "Execution of fabrication and erection of steel structural works".

Name & Address of tenderer (S)

: ……………………………………………………………

……………………………………………………………

……………………………………………………………

M.R.No./D.D. Particulars &

Amount. Towards cost of

Tender documents.

: ……………………………………………………………

……………………………………………………………

E.M.D. Particulars: ……………………………………………………………

……………………………………………………………

……………………………………………………………

TENDERER (S)/CONTRACTOR (S) D.R.M (Engg)/WAT

2

East Coast Railway

Engineering Department

TENDER DOCUMENT

1. Name of work : Casual renewal of 230 Nos. cracked steel

channel sleepers with new galvanized

steel channel sleepers on various girder

bridges and miscellaneous works of new

channel sleepers placement at Br.No:962

in connection with post restoration works

under Divl. Engineer (West) on KK line of

Waltair Division.

2. Tender Notice No & Date : 07/2015/WAT/Engg, Dt: 26.03.2015

3. Approximate value of tender : `̀̀̀ 57,47,159/-

4. E.M.D In cash only, i.e, Cash Deposit in Railway’s

Cash Office/ DD/ PO/Bankers Cheque.

: `̀̀̀ 1,14,950/-

5. Cost of tender document : `̀̀̀ 5,000/-

6. Time & date of submission of Tenders : Up to 13:30 Hrs on 14.05.2015

7. Time & date of opening of tender: At 14:30 Hrs on 14.05.2015

TENDER DOCUMENT CONTAINING

Sl.

No. Description

Page Nos.

From To

1. Tender Notice 03 11

2. Tender form first sheet (Annex – I) & Attention sheet

12 14

3. Schedule of work 15 18

4. Special Conditions 19 33

5. Tender form second sheet (Annexure-II) 34 59

6. Price Variation clause 60 65

7. Specimen copy of P.G.Bond 66 67


3

EAST COAST RAILWAY

(ENGINEERING DEPARTMENT)

NOTICE INVITING TENDER 1. Tender Notice No. 07/2015/WAT/Engg. Dated 26.03.2015. 2. For & On behalf of the President of India. Acting through DRM(Engg), East Coast

Railway, Waltair invites sealed tenders in prescribed tender forms for the under mentioned works.

Sl. No

Name of work

Tender Value (`̀̀̀)

Earnest Money

Deposit (`̀̀̀)

Cost of tender document (`̀̀̀)

1. Provision of pipeline and other ancillary works in connection with Dedicated coach watering facility at Rayagada under the jurisdiction of Assistant Divisional Engineer/ Rayagada on Raipur – Vizianagaram line of Waltair Division.

1,77,89,902/- 2,38,950/- 5,000/-

2. Strengthening of Track by executing Misc. P-Way works i.e., Deep screening, shallow screening, lifting and packing etc., at various location between Koraput-Ex. To Tikiri-Ex. section under the jurisdiction of Assistant Divisional Engineer/ Laxmipur on Koraput - Rayagada line of Waltair Division.

97,44,017/- 1,94,890/- 5,000/-

3. Execution of P.way works in connection with the Conversion of L4 as longer loop line with common loop status for python trains at Gumada on Raipur - Vizianagaram Line of Waltair Division.

32,07,991/- 64,160/- 3,000/-

4. Through Rail Renewal (Primary) of existing 60 Kg HH rails on PSC -14 sleepers with new 60 Kg HH/90 UTS rails for a length of 6.5 Km from Km:344.00 to 400.00 (in patches) between Silakjhori – Dantewara and 5 Km from Km: 353.00 to 381.00 (in patches) between Kumarsodra – Dabpal stations on KK-II section of Waltair division.

82,24,797/- 1,64,500/- 5,000/-


4

Sl. No

Name of work


Earnest Money

Deposit (`̀̀̀)

Cost of tender

documen

t (`̀̀̀)

5. Repairs to track by manual Deep screening of ballast in Ghat section and in Sharp curves in isolated stretches and recoupment of ballast for cushion under the jurisdiction of Divl. Engineer (West), Waltair on KK-II line.

1,79,24,695/- 2,39,630/- 5,000/-

6. Casual renewal of 230 Nos. cracked steel channel sleepers with new galvanized steel channel sleepers on various girder bridges and miscellaneous works of new channel sleepers placement at Br.No:962 in connection with post restoration works under Divl. Engineer (West) on KK line of Waltair Division.

57,47,159/- 1,14,950/- 5,000/-

7. Construction of RCC Box size (1.50 m x 2.50 m) inner dimension by using Box pushing technique in lieu of cracked Hume pipe Bridge NO:1041(1 x 1.22 mtr) at Km: 384/14-15 and Construction of RCC Box size (1.75 M x 2.50 M) inner dimension in lieu of cracked Hume pipe Bridge No:1043 (2 x 1.22 mtr) by using Box pushing technique at Km:385/4-5 between DABPAL – GIDAM on KK-II line under the jurisdiction of Divl. Engineer(West), E.Co. Railway, Waltair.

2,30,96,466/- 2,65,490/- 10,000/-

8. Construction of RCC Box Size (1.50 m x 2.50 m) inner dimension by using Box pushing technique in lieu of cracked Hume pipe Bridge No: 1033 (1x1.22 mtr) at Km: 382/2-3, between Kwargaon – Dabpal & construction of RCC Box Size (2.0 m x 2.50 m) inner dimension in lieu of cracked Hume pipe Bridge No:1151 (2 x 1.22 mtr) by using Box pushing technique at Km: 420/1-2 between Kamlur – Bhansi stations on KK-II line under the jurisdiction of Divl. Engineer (West), E.Co. Railway, Waltair.

2,22,76,633/- 2,61,390/- 10,000/-


5

Sl. No

Name of work


Earnest Money

Deposit (`̀̀̀)

Cost of

tender document

(`̀̀̀)

9. Construction of RC Box Size (1.50 m x 2.50 m) inner dimension by using Box pushing technique in lieu of cracked Hume pipe Bridge No: 1194 (2 x 1.22 mtr) at Km: 429/27-29, between Bhansi – Bacheli & Bridge No: 1128 (1 x 1.22 mtr) by using Box pushing technique at Km: 412/9-10 between Dantewara – Kamlur stations on KK-II line under the jurisdiction of Divl.Engineer(West), E.Co.Railway, Waltair.

2,70,75,766/- 2,85,380/- 10,000/-

10. Conversion of old Bridge No: 1160 (2 x 1.22 mtr) HP at Km: 422/16 – 423/0 and Bridge No: 1146 (4 x 1.22 mtrs) HP at Km: 418/10-11 between Station Kamalur – Bhansi by box pushing technique on KK-II Line.

2,01,57,627/- 2,50,790/- 10,000/-

11. Construction of RCC Box Size (1.50 m x 2.50 m) inner dimension by using Box pushing technique in lieu of cracked Hume pipe Bridge No: 1119 (1x1.22 mtr) at Km: 410/8-9, between Dantewara – Kamalur & Construction of RCC Box Size (1.75 m x 2.50 m) inner dimension in lieu of cracked Hume pipe Bridge No:1200 (2 x 1.22 mtr) by using Box pushing technique at Km: 431/18-19 between BHANSI - BACHELI stations on KK-II line under the jurisdiction of Divl. Engineer (West), E.Co.Railway, Waltair.

2,40,10,686/- 2,70,060/- 10,000/-

12. Reconditioning of worn out CMS crossings & Tongue rails by welding over Waltair Division (Balance quantity).

1,32,38,645/- 2,16,200/- 5,000/-

13. Repairs to staff quarters such as roof leakages, flooring, drains, doors & windows, sewer lines and other misc., works at Ponduru, Sigadam, Chipurapalli, Garividi, Nerlimarla & Korukonda stations on Main Line under Assistant Divisional Engineer/ Vizianagaram.

1,60,40,854/- 2,30,210/- 5,000/-


6

Sl. No

Name of work


Earnest Money

Deposit (`̀̀̀)

Cost of tender

document (`̀̀̀)

14. Repairs to staff quarters at Dusi, Srikakulam Road, Urlam, Tilaru, Harishchandrapuram, Kotabommali, Dandu Gopalpuram, Naupada & Pundi stations under the jurisdiction of Asst.Divisional Engineer/Srikakulam Road of Waltair Division.

1,60,06,643/- 2,30,040/- 5,000/-

15. Crushing of contractor’s hard stone using mechanized crusher to 50mm gauge of 25,000 Cum (as per specifications), confirming to Railway specifications the same to railway wagons at Reception Yard depot/Marshaling Yard, unloading and stacking on level ground including dressing of ground and loading the same into any type of Railway wagons with contractor's own loading arrangements at Reception Yard Depot/ Marshalling Yard including all costs as directed by the Engineer-in-charge of the work under Assistant Divisional Engineer/Marshalling Yard/WAT.

2,42,25,000/- 2,71,130/- 10,000/-

16. Construction of RCC Box culverts of size 3.75x3.2m by Box Pushing Method at Km.121/2-3 near Bridge No.403 between GORAPUR-DARLIPUT stations under the jurisdiction of Assistant Divisional Engineer/Koraput on Kottavalasa-Kirandul Line of Waltair Division.

1,88,71,778/- 2,44,360/- 5,000/-

17. Repairs to formation damaged due to heavy rains following flash floods on 28.07.2014 by making up low cess and providing standard slope at Km.215/9 and at Km.216/29 between Jarati- Maligura Stations under the jurisdiction of Assistant Divisional Engineer/Koraput on Kottavalasa-Kirandul Line of Waltair Division.

1,97,13,366/- 2,48,570/- 5,000/-


7

Sl. No

Name of work


Earnest Money

Deposit (`̀̀̀)

Cost of

tender document

(`̀̀̀)

18. Repairs to cracked steel channel sleepers by new galvanised channel sleepers under the jurisdiction of Senior Divisional Engineer (Central)/Waltair on Kottavalasa-Kirandul Line of Waltair Division.

1,38,01,963/- 2,19,010/- 5,000/-

19. Upgradation of Running Room at Koraput station under the jurisdiction of Assistant Divisional Engineer/Koraput on Kottavalasa-Kirandul Line of Waltair Division.

37,67,666/-

75,360/-

3,000/-

20. Repairs to S&T building, construction of switch room at Kirandul, modification of S&T building at Bacheli under the jurisdiction of Divl. Engineer/West/Waltair division.

62,88,741/- 1,25,780/- 5,000/-

21 Crushing of contractor’s hard stone using mechanized crusher to 50mm gauge of 10000 cum (as per specifications) transporting the same to Jeypore Depot unloading stacking and loading the same into Railway wagons under Asst.Divl.Engineer/ Jagadalpur on KK-II line.

1,21,00,000/- 2,10,500/- 5,000/-

3. The prescribed non-transferable Tender forms are obtainable on any working day from

the office of the DRM (Engg)/E.Co.Railway, Waltair on remittance of cost of Tender forms (non-refundable) either by crossed DD drawn in favour of FA & CAO/East Coast Railway/BBS on any Nationalised /Scheduled Bank payable at Visakhapatnam or in the form of money receipt issued by Divisional Cashier/E.Co.Railway/ Waltair (Allocation Z-650 of Waltair Division) in support of deposition of requisite money with him. An amount of `500/- extra has to be paid if required by Registered Post. If any plan/drawing is attached with the tender form, an amount of `.200/- per plan/drawing will be levied extra. (For the works at Sl. Nos.1,5,7,8,9,10,11,12,13,14,15,16,17,18 & 21 of the tender notice, tenderers can obtain the tender documents in the office of Chief Engineer, E.Co.Railway, Chandrasekharpur, BBS also).

Tender form will be available for sale from : 13.04.2015

The last date and time of issue of tender form Upto 18.15hrs of : 13.05.2015

The last date and time of receipt of tenders Upto 13.30hrs of : 14.05.2015

Date and time of opening of tenders At 14.30 hrs of : 14.05.2015


8

4. If the date of opening happens to be a Bandh or holiday, the tender will be opened at the same time on the following working day.

5. The tender documents will also be available in the website at

www.eastcoastrailway.gov.in or http://tenders.gov.in and can be down loaded and used as tender documents for submitting the offer. Separate remittance towards the cost of tender documents as mentioned at Col.5 shall has to be enclosed in the forms a as mentioned in para.3 in addition to the earnest money while submitted the tender otherwise, the tender will be summarily rejected. Railway Administration shall not be responsible for any delay/difficulties/inaccessibility of the down loading facility for any reason whatsoever. Tenders will also be accepted by Post. However, Railway shall not be responsible for any postal delay.

6. In case of any discrepancy between the tender documents down loaded from

Internet and the master copy of the same is available in the office of DRM(Engg)/E. Co. Railway/Waltair, the latter shall prevail and will be binding on the Tender(s). No claim on this account will be entertained. The tenderers are required to observe the Web Site to find out any correction slips are issued subsequent to uploading of the tender notice and schedule.

7. Eligibility Criteria:

The tenderer who wish to participate in the tender should fulfill the “ELIGIBILITY CRITERIA” for works costing above `50 lakhs and no eligibility criteria is required for the works costing upto `̀̀̀50 lakhs as prescribed in the

tender notice. “The tenderer(s) has to enclose experience certificate, turnover certificate along with their tender”.

(a) Should have physically completed in the last three financial years (i.e. current year upto the date of opening of tender and three previous financial years), at least one similar work, for a minimum value of 35% of advertised tender value.

(i). Similar nature of works physically completed within qualifying period i.e., the last 3 financial years and current financial year upto the date of opening of tender (even though the work might have commenced before the qualifying period) shall only be considered in evaluating the eligibility criteria.

(ii). The total value of similar nature of works completed during the qualifying period, and not the payments received within qualifying period alone, shall be considered.

In case, the final bill of similar nature of work has not been passed and final measurements have not been recorded, the paid amount including statutory deduction shall be considered. If final measurements have been recorded and work has been completed with negative variation, then also the paid amount including statutory deduction shall be considered.


9

However, if final measurements have been recorded and work has been completed with positive variation but variation has not been sanctioned, original agreement value or last sanctioned agreement value whichever is lower shall be considered for judging eligibility.

In case of composite works involving combination of different works, even separate completed works of required value shall be considered while evaluating the eligibility criteria. For example, in a tender for bridge works where similar nature of work has been defined as bridge works with pile foundation and PSC superstructure, a tenderer, who has completed one bridge work with pile foundation of value at least equal to 35% of tender value and also has completed one bridge work with PSC superstructure of value at least equal to 35% of the tender value, shall be considered as having fulfilled the eligibility criterion of having completed single similar nature of work.

(b) Total contract amount received during the last three financial years and in the current financial year upto the date of opening of tender.

(i). The tenderer(s) shall be eligible only if he/they fulfil Minimum Eligibility Criteria of having received total contract amount during the last three financial years and in the current

financial year with a minimum of 150%

of the advertised tender value.

8. The following works are considered similar works for this purpose:

(a). For item No.1 Execution of water supply related works

(b). For item Nos.2, 4 & 5 : Execution of any P-way related work.

(c). For item No.3 & 19 : Eligibility criteria not required.

(d). For item No.7,8,9,10,11 &16

Execution of works construction of bridges/rebuilding of bridges or

regirdiring of bridges/ Launching of slab under the running track.

(e). For item Nos.13,14, 17 &20

: Constructions/repairs/ maintenance of any Civil Engineering Works.

(f). For item No.6 & 18 Execution of fabrication and erection of steel structural works

(g). For item No.12 Reconditioning of worn out CMS

crossings and switches or metallic welding and fabrication of welded structure

(h) For item No.15 & 21 Supply of machine crushed hard stone ballast.


10

9. The following documents should be submitted along with the tender

(a). List of personnel Organization available on hand and proposed to be engaged for the subject work.

(b). List of plant and machinery available on hand (own) and proposed to be inducted (own and hired to be given separately) for the subject work.

(c). List of works completed in the last three financial years giving description of work, Organisation for whom executed, approximate value of contract at the time of award, date of award and date of scheduled completion of work. Date of actual start, actual completion and final value of contract should also be given.

(d). List of works on hand indicating description of work, contract value, approximate value of balance work yet to be done and date of award.

(e). The bar chart indicating the programme of completing the work as per completion period should also be submitted along with tender offer.

NOTE:-

(1) In case of items (c) and (d) above, supportive documents/ certificates from the Organisations with whom they worked/are working should be enclosed.

(2) Certificates from private individuals/organizations for whom such works

are executed/being executed shall not be accepted.

10. Joint Ventures/MOUs: “Joint Ventures Firms” shall now be applicable to the works tenders of value more than `.10 Crore (Rupees Ten crore only). (As per Rly Board letter No.2002/CE-I/CT/37 JV Pt.VIII, dated 14.12.2012).

“All the Members of the JV shall certify that they are not black listed or debarred by Railways or any other Ministry/Department/PSU (Public Sector Undertaking) of the Government of India/State Government from participation in tenders/contract on the date of opening of bids either in their individual capacity or as a member of the JV firm in which they were/are members.” (Vide Ministry of Railways letter No.2002/CE-I/CT/37/JV Pt.III, dt.05/14.11.2013).

11. Tenderer (s) can drop their tenders in a sealed cover duly super scribing the tender Notice No. and name of work in the tender box provided in the office of DRM(Engg)/WAT. (For the works at Sl.Nos. 1,5,7,8,9,10,11, 12,13,14,15,16,17,18 & 21 of the tender notice, tenderers can obtain the tender documents in the office of Chief Engineer, E.Co.Railway, Chandrasekharpur, BBS also).

12. Cost of the Tender form and earnest money NOT to be clubbed and are to be

deposited separately in the required forms as mentioned in paras 3 and 13 respectively.


11

13. PEMD will not applicable. All the tenderers who wish to participate in the tender

should submit the requisite Earnest Money deposit along with the tender in an acceptable form like depositing cash with the Divisional Cashier, East Coast Railway, Waltair or Demand drafts/Pay Order/Bankers Cheque issued by the National/Scheduled Banks in favour of FA&CAO East Coast Railway, Bhubaneswar payable at Waltair.

14. If the tenderer is a partnership firm, the firm alone should satisfy the eligibility

criteria but not the individual constituents of the firm. 15. The credentials submitted towards the experience and contact amounts received

against the eligibility criteria by the tenderer/Partnership firm/company should be on their own name. The experience/contract amounts received of the individual constituent of the partnership firm or company will not be considered separately.

16. For the work mentioned at Sl.Nos. 15 &21 tender notice, along with tender form shall submit the test reports of Impact Value, Abrasion Value and Water Absorption Value from the Approved Laboratories viz. IIT/ Kharagpur, Regional Engg. Collage/Rourkela, Sir Visweswaraiah Engg. College/Nagpur, Jadavpur University/Kolkata, National Test House/Alipore/Kolkata, Geo-Engg. Laboratory/Visakhapatnam, Bilaspur and Chandrasekharpur for all the quarries which they intend to supply. The test certificate should clearly indicate the name of the quarry. Tenders not accompanied by requisite ballast test reports will be summarily rejected.

No. WEK/31/WAT/Tenders/07/2015/WAT/Engg. Dated 26.03.2015

Copy to forwarded to:-

1. All ADENs of Waltair Division for wide publicity in their respective jurisdictions.

2. Sr.DAO/WAT, Divl. Cashier/East Coast Railway/Waltair. 3. Notice Board.

(Pradeep Yadav) Divisional Engineer(West)

For Divl. Railway Manager(Engg.) E.Co.Railay/Waltair


12

EAST COAST RAILWAY

ANNEXURE-I

TENDER FORM (FIRST SHEET)

Tender Notice No: 07/2015/WAT/Engg, Dt: 26.03.2015.

Name of Work : Casual renewal of 230 Nos. cracked steel channel

sleepers with new galvanized steel channel sleepers on various girder bridges and miscellaneous works of new channel sleepers placement at Br.No:962 in connection with post restoration works under Divl. Engineer (West) on KK line of Waltair Division.

To The President of India, Acting through the Divisional Railway Manager, Addl. DRM/Sr.DEN E.Co.Rly/WALTAIR.

1. I/We ………………………………………………………. have read the various conditions to tender attached hereto and agree to abide by the said conditions. I/we also agree to keep this tender open for acceptance for a period of 90 (Ninety) days from the date fixed for opening the same and in default thereof. I/We will be liable for forfeiture of my/our “Earnest Money”. I/We offer to do the work for East Coast Railway, at the rates quoted in the attached schedule and hereby bind myself/ourselves to complete the work in all respects within the stipulated time period mentioned in the tender document.

2. I/We also hereby agree to abide by the General Conditions of Contract

corrected with the latest printed/advance correction slips and to carry out the work according to the special conditions of contract and specifications of materials and works as laid down by Railway in the annexed Special Conditions/Specifications and the Indian Railways Standard General Conditions of Contract July-2014 with up to date Correction Slips.

3. A sum of __________ (as per the EMD Clause) is herewith forwarded as

Earnest Money. The full value of the Earnest Money shall stand forfeited without prejudice to any other right or remedies in case my/our tender is accepted and if :-


13

(a). I/We do not execute the contract documents within the stipulated period after receipt of Acceptance Letter/Notice issued by the Railway that such documents are ready; and

(b). I/We do not commence the work within fifteen days after receipt of orders to that effect.

4. Until a formal agreement is prepared and executed, acceptance of this

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

Signature of Witnesses : ….……………………. Signature of Tenderer (S)

(i). ………………………………….. Date ……………………

(ii). …………………………………. Address of the Tenderer (S)

D.R.M(Engg)/WAT

14

FOR THE ATTENTION OF TENDERERS

1. Tenderers shall sign on every page of the Tender documents at the bottom

of each page of the left side and submit all of them.

2. Tenderer shall not quote any rates other than those required as per the schedule of work, or special conditions if any on any page of the Tender documents.

3. However, the tenderer(s) if they desire to stipulate any special conditions or special rates not included in the schedule or wish to furnish any information, which they feel necessary, they may furnish the same on a separate paper and enclose the same to the tender documents placing on top for consideration.

4. Tenders containing erasers and alterations of the tender documents are liable to be rejected. Any corrections made by the tenderer/tenderers in his/their entries must be attested by him/them.

5. The Tenderer(s) shall quote only one uniform percentage (%age) rate in ANNEXURE-A above/Below/AT Par on the departmental estimated rates given in the SCHEDULE’s both in figures and words. If there is any conflict/difference between the rates quoted in figures and in words, the rate quoted in words will be taken as the rate for that schedule. Tenderer should not quote different rates for different items of the schedule. Offers with different rates are liable for rejection.

6. The schedule of Rates Vol.I can be had from DRM(Engg)/E.Co.Rly/WAT on payment of `̀̀̀.200/- per copy & ` ` ` ` 1,000/- for USSOR’2010 per copy.

7. The schedule of Rates Vol.I can be had from DRM(Engg)/E.Co.Rly/WAT on production of money receipt from Divisional Cashier/E.Co.Rly/Waltair for `̀̀̀.200/- per each copy & ` ` ̀ ` 1,000/- for USOR’2010 per copy.

8. In case, the above instructions are violated and the special conditions and additional rates are quoted on the tender documents such tenders will not be considered and liable for rejection.

9. The facility for referring Standing Earnest Money Deposit/Permanent Earnest Money Deposit towards Earnest Money Deposit is withdrawn.

10. All the Tenderers who wish to participate in the tender should submit the requisite earnest money deposit along with the tender in an acceptable form.

11. Unless and otherwise specified the unit rates for all the items in the schedule shall include the cost of the following :

� All labour, tools, Plant, equipment, machinery etc., � All lead, lift ascent, descent and jungle clearance etc., � Clean water with all lead, lift, etc., required for the work shall

be arranged by the contractor at his own cost.


15

E.Co.RAILWAY

SCHEDULE OF WORKS

ANNEXURE - A

Name of Work :

Casual renewal of 230 Nos cracked steel channel sleepers with new galvanised steel channel sleepers on various girder bridges and miscelenous works of new channel sleepers placement at Br. No: 962 in connection with post restoration works under Divl. Engineer(West) on KK line of Waltair Division.

Estimate No: 1. WAT/Est/DRF/KK-II/132/2014, 2. WAT/Est/REV(Spl)/KK-II/60/2014.

Sl.No. Description of work Dept. Value

(`̀̀̀)

Unifform percentage rate to be

quoted in figures & words.

Schedule - A

1 All items of works covered

under Schedule - A ( The

details are furnished in

Schedule - A)

25188.00 __________________________% At par/Above/Below (in words)

(__________________________________

____________________________)

Schedule - B


under Schedule - B ( The


Schedule - B)


(__________________________________

____________________________)

Schedule - C


under Schedule - C ( The


Schedule - C)


(__________________________________

____________________________)

Total Dept. Estimated Value. 5747159.00

1 The tenderer (s) shall quote one uniform percentage (% age) rate Above/At

par/Below the departmental estimated rates shown in Schedule - A, B & C.

2 The work should be completed in all respects with in 12 (Twelve) months for the

date of issue of the acceptance letter of the tender.


16

SCHEDULE - A

Sl. No.

Description of work Qty. Unit Departmental Estimated

Ref.

Rate Amount

1 Trollying of up to 1 Km 2.865 MT 60.00 172.00 Z/74

2 Extra for trollying for addl 5 Km

2.865 MT 100.00 287.00 Z/75

3 Collecting and stacking of released

230 Metre of rail

0.90 207.00 Z/26

4 Loading and unloading of released

230 Each 3.40 782 Z/29+34

5 Unforsceen items of Section - Z of SOR - 92

LS 5000

6448.00

Add T/I of above "Z" items:

290.63% 6448 18740.00

Total of Schedul e- A 25188.00

SCHEDULE - B

Sl. No.

Description of work Qty. Unit Departmental Estimated

Ref.

Rate Amount

1 Supplying oxygen and DA cylinder sets (3 oxygen with 1 DA per set) for use of PWI including rental of tanks so as to keep one set running all the period of contract for each PWI in-charge under the ADEN.

1 Per Set 2678.00 2678 F/R

2 Unforeseen USSOR items

LS 10000

Total of Schedule - B 12678.00


17

Schedule - C

Sl. No

Description of item Unit Qty. Dept. Rate

Dept. Amount

USSOR Ref.

1 Fabricating, supplying and fixing in position Galvanized steel channel sleepers of mild steel of tested quality conforming to IS: 2062, on fabricated girders including all fixtures fastenings as per approved Railway drawings with labour, material, tools and plants etc. as a complete job including galvanizing of all components MT 55 100068.8 5503783 211030

2 Providing/ fixing/ grouting various size HTS holding down bolt in concrete column or in other structural steel member incl. drilling holes of required size, bolts threaded at both ends shall be fixed with proper size nuts bolts, plates, washers complete including all labour and material Kg. 200 119.98 23996 222150

3 Applying epoxy mortar over leached, honey combed and spalled concrete surface and exposed steel reinforcement complete as per Technical Specification with average thickness of 10 MM including priming coat, mortar plaster and seal coat of epoxy

sqm 2 1431.16 2862 222090

4 Sealing of cracks/porous concrete by injection process through nipples/Grouting complete as per Technical Specification

Epoxy Grout Kg. 30 431.38 12941 222073

5 Providing, cutting, fabricating, treating, fixing & painting structural steel conforming to IS:2062 in access ladders, inspection platforms, Trolley refugee, railing, etc. joints welded to neat finish including one coat of primer & two coats of synthetic enamel paints

MT 2 56986.37 113973 211090

6 Fabricating, supplying and fixing of 6 to 8 mm thick steel chequered plate conforming to IS: 3502 for pathway, trolley refuges, floor for the bridge including fixing the same over steel channel sleepers by drilling holes in channel sleepers and trolley refuges incl. nuts & bolts, tools and plants, labour as a complete job MT 0.25 84427.75 21107 211040

7 Supplying and changing of corroded worn-out and loose rivets of any size at any location of the bridges with or without traffic blocks including all tools, plants, machinery complete in all respects. Cost of rivett to pay separate a)Rivetts size upto 25 mm dia.

Each 200 114.95 22990 222211

8 Nut and bolts with washers of all sizes

Kg. 50 74.75 3738 253870

Note:- This item shall be operated against for supply of rivets


18

9 Providing and fixing M.S. rivets of sizes in position

Kg. 30 99.71 2991 081380

10 Providing cast in situ bridge number plaques as per Railway drawing in cement concrete 1:2:4 mix using 20mm hard stone aggregate embedded in 30mm notch in Bridge parapet coping duly engraving the letter and figures and an arrow indicating the direction of flow and finishing the top exposed surface with cement mortar 1:3, painting letters and figures with two coats of black enamel paint on two coats of white back ground with all labour, tools, cement, paint etc.with all lead and lifts Each 2 456.23 912 222240

Total of schedule - D 5709293

ABSTRACT:

Total of schedule - A 25188.00

Total of schedule - B 12678.00

Total of schedule - C 5709293.00

Total Dept. Est. tender value: 5747159.00


19

ADDITIONAL SPECIAL CONDITIONS OF CONTRACT (TECHNICAL)

1. The work covered in this tender is for manufacturing, supplying and fixing of New

Galvanised Steel Channel sleeper along with fittings and fixtures (Also

galvanized).

2. Fabrication and workmanship :

2.1 Fabrication and workmanship shall comply with current IRS specification No. B-1

- 2001 with latest correction/amendments there of unless otherwise specified in

special conditions of this contract or as specially directed by the Engineer in writing.

2.2 The contractor shall submit test certificates conforming to appropriate

standards of all steel material used for fabrications. All structural steel shall be

free from rust, scales, laminations, cracks, fissure and other surface defects. All

testing charges at any stage shall be borne by the contractor.

2.3 The workmanship and finish shall be equal to the best general practice in

modern structural shops. The greatest accuracy shall be observed in the

manufacture of every part of the work all similar parts shall be strictly inter -

changeable.

Note : Only weldable steel conforming to IS 2062 Grade - B shall be used for steel

channel.

Steel manufactured by SAIL, TISCO/Viziag Steel Plant only shall be used.

Following specifications shall be followed:-

a) Indian Railway Steel bridge code as corrected upto date.

b) Indian Railway welded bridge code 1972.

c) Indian Railway schedule of dimension for Broad Gauge- 1939 (reprinted in

Metric units in 1973).

d) IS:2062-1992-GR-A, specification for structural steel standard quality.

e) Indian Railway Specification B-1, 2001: Fabrication and erection of Steel

Girder Bridges.

f) IRS H-5 for rivets.

g) IS 2155- 1962: Rivets for General purposes (below 12 mm diameter)

h) IRS H-19, for bolts and nuts.

I) IS : 102-1962, Ready Mixed paint. Brushing Red lead. Non- setting

primer.

j) IS : 2339 - 1963: Aluminum paint for General purposes, in dual

container.

k) IS: 123- 1963 : Ready mixed paint, brushing, finishing semigloss for

General purposes to Indian Standard Colors, Red oxide.


20

l) B.S.S. 916 and / or IS: 1963-1967 : Black Hexagonal Bolts/ nuts etc.

black Hexagonal Bolts/nuts and lock nuts (6 to 39mm) and black

Hexagonal screws (dia 6 to 24 mm).

m) IS : 800-1984

n) IS : 1148-1973 : Hot rolled steel rivet bars for structural purposes.

o) IS: 1573:1986 - Electro plates coating of Zinc on iron & steel.

p) IS:5358-1969 - Hot galvanised coating on fasteners.

q) IS: 2062- 1975 : Steel Grade-’B’ for welded structures. The tenderer shall maintain a master- steel tape of approved make for which he has obtained

a certificate of accuracy from the National Laboratory.

Rolled materials before being laid off or worked, must be made straight if

straightening or flattening is necessary, it shall be done by method that will not

damage the material. Sharp kinks and bends shall be rejected.

2.4 Holing : Holes for rivets and bolts shall be drilled to conform to CI.10 of IS: 7215.

All holes, except as stated hereunder shall be drilled to the required size or sub-

punched 2 mm, less in diameter and reamed thereafter to the required size.

Thickness of the material for sub-punching shall not be grater than 16mm. All

matching holes for rivets or bolts shall register with each other so that a gauge or

0.8 mm less in diameter than the holes can pass freely throughout the members

assembled for leveling or bolting in the direction at right angle to such members.

All holes for turned and fitted bolts shall be drilled under sized by 1 mm and after

assembly reamed to a tolerance of + 0.13 mm - 0 mm unless otherwise specified.

When the number of members to be riveted in assembly exceeds three or the

total thickness is 90mm or more, the holes shall be drilled or reamed in position

after assembly except when seal bushed jigs are used. The parts shall be firmly

bolted together during such block drilling and taken apart for removal of burrs

after drilling. Holes in purline, side sheeting runners, packing plates and lacing

bars may be punched full size, provided the thickness of the materials does not

exceeds 13 mm. All punching and sub-punching shall be cleared and accurate

and all drilling shall be free from burns. No holes shall be made by Gas cutting

process.

2.5 Bolting : All turned and fitted bolts shall be carefully turned and shall be

paralleled through out the barrel. The following limits of tolerance shall be

permitted upon the diameter of the barrels of turned bolts and holes which

they are to fit.

Barrel of bolts Holes

Limited of Tolerance High -- 0.00 mm + 0.13 mm

Low -- 0.13 mm - 0.00 mm.


21

2.6 The barrels of each turned bolts shall be of such a length so that it is in full

contact with the work through out the screwed portion, being made at least 1.6

mm. Less in diameter that the barrel or to suit the next smaller size of metric screw

thread. The barrel portion shall be jointed to the thread portion by a degree

chamber within the thickness of washer, unless otherwise specified. Faces of

heads and nuts bearing on steel work shall be machined. All such bolts shall be

provided with washers having a hole of 1.5 mm large in diameter than the barrel

and thickness of not less than 6 mm so that the nut, when tightened, shall not

bear on the unthreaded body of the bolt. In all cases where the full bearing

area of the bolt is to be enveloped, the threaded portion of the bolt shall not be

within the thickness of the parts bolted together. The threaded portion of each bolt shall project through the nut by at least one thread. Tapered washers shall

be provided for all heads and nuts bearing on beveled surface.

3. Welding :

3.1 General : The welding and welded work may be done only by welder possessing

competency certificate or where access of the location of welds do not permit

automatic welding. All the welding should be done by sub-merges arc

welding process either full automatic or semi automatic. The welding should be

done by sub-merged arc welding process either fully automatic or semi

automatic wherever specified by the Railway.

Except the special types of edge preparation such as single and double ‘U’

Single and double ‘J’, the fusion edges of all the parts which are to be joined

by welding may be prepared by using mechanically controlled automatic flame cutting equipment and to be ground to a smooth finish special edge

preparation should be made by machinery or gauging.

All welding work shall be done in shops and the Layout and sequence of

operation shall be so arranged as to eliminate distortion and shrinkage stresses.

3.2 Electrodes : All Electrodes shall be kept under dry conditions. Any electrodes with

parts of its flux coating broken away or otherwise damaged shall be rejected.

Any electrodes older than six months from the date of manufacture or older

than the date of expiry as specified by manufacturer should not be used.

Welding electrodes to be used in the work should confirm to RDSO approved firm

and quality only. The electrodes to be used should be No.8SWG & 10SWG of

class B-1 and B-2 of mild steel for Arc welding.

The electrodes to be used in the work shall be of approved type and

manufacturers approved by RDSO.


22

3.3 Preparation of joints : The edge shall be prepared with an automatically

controlled frame cutting torch correctly to the size and dimension of the

groove prescribed in the design and shop drawing. In case of ‘U’ grooved

joints the edges shall be prepared with an automatic flame torch in two phases

following bevel out with grounding pass or by machining.

The welding surfaces shall be smooth, uniform and free from fine tears notches or

any other defects which may adversely effect welding and shall be free of loss

scale, slag rust, grease, paint, moisture or any other foreign material.

3.4 Welding procedures : The welding procedure shall be arranged by the contractor to suit the details of the joints as indicated on the drawing and the position at

which welding has to be carried out. Working procedure shall cover the

following :

a) Type and size of Electrodes.

b) Current and for automatic welding Arc Voltage.

c) Length of run for Electrode, or for automatic welding speed of travel.

d) Number and arrangement of runs in multi run welding.

e) Position and set up of parts.

f) Preparation and set up of parts.

g) Welding sequence. h) Pre or post heating.

i) Any other relevant information.

The welding procedure shall be so arranged that the distortion and shrinkage

stress are reduced to a minimum and the welds meet requirement and quality

specified, hereunder,

Any weld found defective shall be cut by using either chipping hammer or

gouging torch in such a manner that adjacent material is not injured in any way.

Planning of the welds involving deformation of the surface either during de-

slagging operation or thereafter shall not be allowed. Fusion faces and

surrounding surfaces within 50mm. of welds shall be free from all mill scale and free from oil, paint or any substance which might effect the quality of the welds

and impede the quality/progress of welding. They shall be free from irregularities

which interfere with the deposition of specified size of weld or be the cause of

defects.

All mill scale within 50mm. of welds shall be removed on welding either by picking

followed by through power weld brushing or by other approved methods, if

preparation or cutting of the fusion faces is necessary the same shall be carried

out by shearing, chipping, gas cutting or frame gouging. Where no gas cutter or

hand gouging is employed the blow pipe or gouging blow pipe shall be

properly guided.


23

3.5 Assembly for welding : Before taking of mass production of any type of sleeper

the production of 20 sleepers shall be taken up and the dimensions thereafter

shall be checked by means of a test track 13 Mtrs. Long assembled at the

Railway. The Rails for linking of the steel track shall be made available free of

charge by Railway at a point convenient to the Railways. Transport of the Rails

and sleepers from this point to the contractors workshop and returning the same

to the point of collection shall be done by the contractor at his own cost. The

parts to be welded shall be properly assembled and held firmly in position by

means of jigs and fixtures prior to and during welding.

Automatic submerged arc welding shall be employed for fabrication of welded steel channel sleepers wherever specified.

3.6 Accuracy of fit up : Parts to be fillet welded shall be brought into as close

contract as practicable and the gap due to faulty workmanship or incorrect fit

up shall not exceed 1.5 mm. If greater separation occurs at any position the size

of fillet weld shall be increased at such position by the amount of the gap.

3.7 Jigs and manipulators : Jigs and manipulators shall be used where practicable

and shall be designed to facilitate welding and to ensure that all welds are easily

accessible to the operators.

3.8 Minimum leg length and throat thickness in fillet welds : The minimum leg length

of a fillet weld as deposited shall not be less than the specified size. In no case

shall a concave weld be deposited unless specifically permitted. Where

permitted, leg length shall be increased above that specified, so that the resultant throat thickness remains the same, as would have been by the

deposition of a flat facased weld of the specified leg length.

3.9 De-slagging : After making each run of welding all slag shall be thoroughly

removed and the surface cleaned.

3.10 Quality of welding : The weld metal as deposited, including track weld if to be

incorporated, shall be free from cracks, slag inclusion, porosity, cavities, and

other de-position faults. The weld steel shall be properly fused with the present

steel metal without undercutting or over lapping at the toes of the weld. The

surface of the weld shall have a uniform consistent contour and regular

appearance.

3.11 Weather conditions : Welding shall not be done under open weather conditions

which might adversely effect the efficiency of the welding. It should be done only under a covered shed in a workshop.

3.12 Qualification and testing of welders : The contractors shall satisfy the Engineer

that the welders are suitable for the work for which they will be employed and

shall produce evidence to the effect that welders have satisfactorily completed

appropriate tests as prescribed in T.S. -877. The Engineer may at his own

discretion order periodic tests of the welder and/or of the welds produced by

them. Such tests shall be at the expense of the contractor.


24

3.13 Supervisor : The Contractor shall employ a competent welding supervisor to

ensure that the standard of workmanship and the quality of materials comply

with the requirements laid down in the specifications.

4. Erection Marking : Each fabricated member whether assembled prior to

dispatch or not so assembled shall bear an erection mark which will help to

identify the member and its position in respect of the whole structure to

facilitate re-erection at site.

These erection marks shall be suitably incorporated in the shop detail and are action drawings.

5. CONTROL IN THE FABRICATION AND ASSEMBLY OF VARIOUS STRUCTIES

5.1 Criteria for testing : The contractor shall conduct tests in accordance with

following norms.

a) Visual examination 100% (One hundred percent)

b) Mechanical Test.

c) Dye Penetrate Examination

5.2 Tests :

5.2.1 Visual Examination : The contractor shall conduct the visual examination and

measurement of the external disensious of the weld for all joints. Before examining the welded joints surface area close to it on both side of the for a

width not less than 20 mm. shall be cleared of slag and other impurities.

Examination shall be done by a magnifying glass which has a magnification

power of 10 and measuring instrument which has an accuracy of +0.1 mm. or

by weld gauges. Welded joints shall be examined from both sides.

The contractor shall examine the following during the visual checks.

a) Correctness and shape of the welded joint.

b) Incomplete penetration of weld metal.

c) Influx.

d) Burns.

e) Unwelded craters.

f) Undercuts.

g) Cracks in welded parts and heat effected zones.,

h) Porosity in welds and spot welds.,

i) Compression in welded joints and a result of electrode while carrying

out contract weldings.

j) Displacement of welded elements.,

The contractor shall document all data as per sound Laboratory practices.


25

5.2.2 Mechanical Tests : The Contractor shall carryout various mechanical tests to

determine weldability, the metal alloyability, nature of break, correct size and

type of electrodes, degree of pre-heat and post - heat treatment etc. The

type, scope and sample of various mechanical tests shall be determined in

agreement with the Engineer. The number of tests conducted shall depend on

the results obtained to satisfy the Engineer that the correct type and size of

electrode, degree of pre-heating and post-heating and weldibility of different

metal are being followed;

5.2.3 Dye Penetrant Examination : All welds as desired by Engineer will be examined

by dye penetrants for detection of discontinuities as per IS-3658’81, IS-12889-’89 and RDSO’s Spcc. NO; MRC/NDT/4/91/ APPD.

6. Inspection and testing of fabrication : The Engineer shall have free ACCESS at all

reasonable times to the Contractor’s works where the fabrication of steel work is

carried out and shall be afforded be all reasonable facilities by the Contractor

for satisfying himself that the fabrication is being under-taken in accordance

with the provisions of the drawings and specifications.

The contractor shall continuously inform the Engineer of the progress in

fabrication as and when the individual pieces get ready for inspection. The

Contractor shall give a minimum of three working days notice to the Engineer

for inspection of the individual pieces.

Unless directed other-wise, inspection shall be made at the place of

manufacture prior to dispatch by an authorised representative of Railway. Should any structure found not to comply with any of the provisions of this

specification it shall be liable for rejection. No. structure of part of the structure,

once rejected shall be re-submitted for inspection/test , except in cases where

the Engineer considers the defect as rectificable.

Defects which may appear during fabrication shall be made good with the

consent of and according to the procedure laid down by the Engineer. All

gauges and templates necessary to satisfy the Engineer shall be supplied by

the contractor. The Engineer, may at his discretion, check the test results

obtained at the Contractors works by independent tests at the Government

Test House or elsewhere and should the material so tested be found to be

unsatisfactory the costs of such tests shall be born by the Contractors.

7. Marking, packing and dispatching : Each piece shall be distinctly marked

before delivery in accordance with the approved marking diagram and shall bear such other marks as will facilitate erection. For easy identification at site a

small distinguishing mark shall be painted on each and every member before

dispatch from fabrication shop. The fabricated steel work shall be dispatched

by the contractor in such portions as may be found convenient for erection or

as ordered by the Engineer to meet the time schedule.


26

All projecting plates or bars and all ends of members at joint shall be stiffened,

all straint bars and plates shall be bundled, all screwed ends and machined

surfaces shall be suitable packed and all rivets, bolts, nuts, washers land small

loose parts shall be packed separately in boxes so as to prevent damage or

distortion during transit.

8. Template : Templates need through out the work shall be of steel packed in

such cases as the inspecting officer may consider necessary.

9. Supervision of work : During the entire progress of the work the contractor shall

have a competent supervisor in personal charge of the work. All works shall be done by skilled competent workmen.

10. Fixing of Steel Channel Sleepers at site : The channel sleepers shall be provided

on the nominated bridges by the contractor.

10.1 Working in the vicinity of Railway Track : All works, which may affect the safety

of Railway working, shall only be done under traffic block & power block written

authority and also under the direct supervision the Engineer-in-charge at site or

his authorised representative for the said bridge. The contractor shall in

consultation with the Engineer decide the sequence of work required to be

done for efficient provision of channel sleepers.

The gauge, level alignment of the track shall be adjusted by the contractor

suitably as per satisfaction of the Engineer, and as per tolerances laid down in

Indian Railway Permanent Way Manual for New Track.

11. The fabricators’ name & Drg. No. should be indicated on all channel sleeper

suitably on a plaque fixed on the web of the channel sleeper at one end.

12. Steel channel sleepers are to be supplied and fixed to the girders. The existing

track on the bridge is to be dismantled including guard rails running rails and

Bridge timbers. New channel sleepers are to be fixed as per approved Drg. The

track is to be re-linked over the channel sleepers with the same running and

guard rails by the fittings and fixtures supplied by the contractor.

13. Works has to be executed in the running traffic condition or under the traffic

blocks/power blocks. These will be made available as per the convenience of

the Railway depending on the position of the trains. Block and caution orders

will be taken and cancelled by the authorised Railway officials only.

14. Released U/S small fittings, Bridge Timbers and worn-out rails (if any) etc. will

have to be transported by the contractor to the nearest store depot of PWI/BRI

at his own expenditure.

15. Dip lorries for the transportation of the materials will be supplied by the Railway

as per the convenience and free of hire-charges if available.


27

16. Carrying of materials and protection Dip lorries by trained staff will have to done

by contractor ensuring safe running of traffic under the supervision of Railway

representative.

17. Contractor has to arrange for adequate number of skilled workers and

competent supervisors for the execution of this work, their safety during

dismantling, transporting and linking of the track over the girders will be the

sole responsibility of the contractor.

18. Serviceable materials released from dismantling of the track should be properly

accounted and kept in the custody of contractor for reuse. Unserviceable materials will be made good by the Railway (For rails, F/bolts Fish plates etc.).

19. Materials supplied free by the Railway to the contractor will not form part of the

value of the contract entered into and will fall outside the purview of the

contract entered into and will fall outside the purview of the price variation

clause.

20. All the mild steel fittings and fixtures have to be galvanised at the contractors

cost before use.

21. Payment Schedules : Galvanised channel sleepers and its complete fittings and

fixtures (for item No.1 of Schedule-D of tender schedules).

(a). On arrival of galvanized channel sleepers with all matching fittings for

the Nos. of sleepers received for item No. 1 of Schedule-D including M.S

Grooved pad plates at bridge work site – 60% (duly passed by inspecting officials and supported by relevant test/inspection certificate).

(b). Fixation of channel sleepers on the girder after dismantling the existing

bridge timber and painting the sleepers seat by one coat of the

contractors red lead paint conforming to IS-102 which will be supplied by

the contractor and completion of the linking of running and guard rails

over the channel sleeper with all fittings and correct gauge level and

alignment as per IRPWM – 20%.

(c). Transportation and stacking of the released materials (small fittings

bridge timbers, worn out rails etc.,) to the nearest stores depot of PWI/BRI

– 20%.

22. (a). Galvanising of steel channel sleepers with M.S fittings shall be done by

hot dip process of thickness 100 + 5 microns with Zinc conforming to IS:

869-77 and IS: 2628-85.

(b). Galvanisation of fasteners should confirm to approved standards.

23. Fixing of all elestomeric pads must be done by Epoxy adhesive as approved by

Railways supplied by the contractor at his cost.


28

24. For all the supplied items the contractor has to give one indemnity bond and

has to keep the items in safe custody by deputing day and night watchman

upto the completion of the work Railway will have no responsibility on this

account for theft, damage, loss etc. Payment will be entertained accounting

the materials fitted and fixed on the running lines. For the materials paid for as

per 21(a) but not on a bridge, prorate recovery will be made.

25. Out of two holes for hook bolts one on side of sleeper will be made in the work

shop along with the fabrication of the channel sleepers, and the holes on the

other side will be drilled holes on actual measurement at site to ensure correct

alignment of track after, final assembly on the bridge.

26. Painting of the surface advertantly damaged due to transportation, if any,

welding and drilling holes at site will be done as advised below.

(Care should be taken during the transportation, loading, un-loading etc. to

ensure that no damage is done to the galvanision. However, galvanised surface

inadvertetly damaged, should be painted as detailed below).

a) Application of the coats of paint, Red lead conformation to IS-102 as priming

coat on an approved surface.

b) Application of two coats of paint Aluminum conforming to IS-2339 as covering

coats as per the approval of Engineer-in-charge.

27. The rate for item channel sleeper item is inclusive of trial assembling and fixing

minimum 10 sleepers selected at random on a nominated bridge. The large

scale manufacturing is to be taken up only when satisfactory performance will

be obtained on trial.

28. The supply of channel sleepers shall be accompanied by excise gate pass

issued by excise authority.

29. INSPECTION

(a). The finished steel channel sleepers and grooved steel pad plates which are

inspected and passed for the work by the nominated railway officials, not below

the rank of Junior Engineer (Br) Gr.I should only be brought to the contractor.

The inspection shall be in two stages (i). Before galvanising (To check up the

quality of fabrication as per special conditions (technical)). (ii). After

galvanising (To check up the quality of galvanising as per special conditions

(technical)).

(b). Materials shall be dispatched to site of work by the contractor in full sets i.e.

channel with all matching components fittings complete. The matching

components fittings will be supplied duly inspected and passed by

RITES/Railway’s representative in scaled gunny bags. The contractor will have to

arrange for RITES/Railway’s representative inspection at their own cost and will

be responsible for furnishing all test certificate during the dispatch of fittings.


29

ANNEXURE-I

TABLE FOR FITTINGS & FIXTURES AND SPECIFICATIONS

Sl.

No.

Description of

fittings and

fixtures

Drawing No. Specification No. per

sleeper.

1 M.S Canted

Bearing Plate

RDSO/T-5155 IRS-T-5-1965 2

2 Grooved

Rubber Pad

10mm thick

(60Kg/Running

Rail)

RDSO/T-5156 IRS Specification for

10mm thick

Grooved rubber pad

(Provisional-1989)

2

3 M.S Clip (outer) (60Kg. Running

Rail)

RDSO/T-5157 IS 226 – 1962 2

4 M.S Clip (inner)

(60Kg. Running

Rail)

RDSO/T-5158 IS 226 – 1962 2

5 Annuar Cap RDSO/T-5159 IS 226 – 1962 4

6 T-Head Bolt &

Nut

RDSO/T-5160

(DD.SK.No.387/93)

IRS T-10-1963 4

7 Tapered

washer (for

Guard rail)

52Kg.

RDSO/T-5161 IS 226 – 1962 4

7A Tapered

washer (for

Guard rail) 90R

RDSO/T-5200 IS 226 – 1962 4

8 Tapered

washer (for

Guard rail)

RDSO/T-5162 IS 226 – 1962 4

9 Grooved

Rubber Pad

6mm thick (for

G/Rail)

RDSO/T-5163 IRS Specification for

6mm thick Grooved

rubber pad

(Provisional-1937)

4

10 Bolt & Nut (for

Guard rail)

RDSO/T-5164 IRS T-10


30

Sl.

No.

Description of

fittings and

fixtures

Drawing No. Specification No. per

sleeper.

11 Single Coil

Spring washer

ST-10773 IRS T-42-1988 8

12 M.S Packing

plate (150 x 75

x 22) (*)

- IS 226-1962 4

13 Tapered split

pin

CE’s No.22994/8 IS 226-1962 8

14 Hook bolt IS 226-1962 or 2062 or

latest

2

15 Elastomeric

pad 230 x 270 x

10mm

Under ST. Ch.

Sleeper

Specification for

Nylon Chord

Reinforced pad No.RDSO M&C/RP-

174/92 (Provisional)

or latest

2

16 Elastomeric

pad 230 x 400 x

5mm (*)

Under Gr. Pad

Plate

Specification for

Nylon Chord

Reinforced pad

No.RDSO M&C/RP-

174/92 (Provisional)

or latest

2

17 ‘U’-shaped

hook bolts 12mm dia.

As per details in

CE’s Drg. No.23200

2

N.B : (1). These items shall be procured only from RDSO approved sources as

circulated under RDSO’s letter No.CE/EF/Policy, dated 13.03.1996 or

amended upto date.

(2). For items Sr. No.2,3,4 & 7 either of above or with extension ‘A’ must be

adopted as per RDSO’s specification to suit the site condition.

(3). The contractor shall supply free of cost all the above set of fittings as

required for 10 nos. steel channel sleepers which will be kept in the PWI

Store for future emergency requirements. (*) May vary as per site conditions.


31

ANNEXURE – II

DECLARATION FOR TECHNICAL CAPABILITY

(TO BE FILLED IN BY THE TENDERER(S) AT THE TIME OF TENDER)

1. Particulars of work-shops and sheds along with the production capacity.

2. List of plants and machinery available for the fabrication with capacity and make.

3. Galvanising capacity available or proposed to be utilized with documentary

support.

4. Particulars of testing arrangements for fabricated, welded, galvanized and

finished items (as prescribed in the respective IRS specification).

5. List of the Technical personnel (including welders) with their technical

qualifications and certified abilities).

N.B : In case the above space is not sufficient, the tenderer may use another

sheet wherever required and give reference of the enclosure against the

relevant items.


32

ANNEXURE - III

EAST COAST RAILWAY

CERTIFICATE OF FAMILIARISATION

I/We hereby solemnly declare that I/We visited the site of above work and have

familiarized myself/ourselves of the working conditions there in all respects and in

particular the following :

1. Details of the bridges on which sleeper renewal work is to be done.

2. Topography of the area & soil conditions at the site of work.

3. Availability of local labour, both skilled and unskilled and the prevailing

labour rates.

4. Availability of water and electricity.

5. The existing roads and access to the site of work.

6. Availability of space for putting labour camps, offices, stores godown,

engineering yard etc.

7. Sources and availability of construction material & rates for construction

materials.


33

SPECIAL ATTENTION FOR THE TENDERS

1. Mode of payment:

The on account payments can be released upto a maximum of 80% of agreemental value for contracts valuing upto Rs.50 lakhs and 90% for the contracts valuing more than Rs.50 lakhs without any restrictions. Final bill beyond 80% - 90% of the value of the contract as the case may be shall be paid only after sanction of variations and execution of supplementary agreements.

2. Tenderer to give consent in a mandate form for receipt of payment through

ECS/EFT. 3. Tenderer to provide the details of Bank A/C in line with RBI guidelines for

the same. These details will include Bank Name, Branch Name & Address, Account type, Bank A/C No. and Bank & Branch code as appearing on MICR cheque issued by bank.

4. Tenderer to attach certificate from their bank certifying the corrections of all

above mentioned information as mentioned in Para (ii) above. 5. In case of non-payment through ECS/EFT or where ECS/EFT facility is not

available, payment will be released through cheque.


34

Annexure – II

EAST COAST RAILWAY

TENDER FORM SECOND SHEET Conditions of Tender and the particulars about the Tenders in connection with the work mentioned hereunder 1. GENERAL : Sealed tenders on prescribed forms are invited from experienced contractors

for and on behalf of the president of India acting in the premises through the Divisional Railway Manager/Add.Divl.Railway Manager/Sr.Divl.Engineer of East Coast Railway at Waltair (therein after referred to as the Railway Administration) for the under mentioned work.

Sl.

No

Name of the work Approx. Value

of the Contract

(`)

Total Earnest

money (@ 2% on tender value ) to be deposited

with Tender (`)

1. Casual renewal of 230 Nos. cracked steel channel sleepers with new galvanized steel channel sleepers on various girder bridges and miscellaneous works of new channel sleepers placement at Br.No:962 in connection with post restoration works under Divl. Engineer (West) on KK line of Waltair Division.

57,47,159/- 1,14,950/-

Tenders will be received upto 13.30 Hrs & shall be opened at 14:30 Hrs on 14.05.2015

2. SUBMISSION OF TENDER FORMS:

Tenders must be enclosed in a sealed cover superscribed with the Sl. No. of Tender Notice & Name of work etc., “Casual renewal of 230 Nos. cracked steel channel sleepers with new galvanized steel channel sleepers on various girder bridges and miscellaneous works of new channel sleepers

placement at Br.No:962 in connection with post restoration works under

Divl. Engineer (West) on KK line of Waltair Division.” and must be sent by Registered post to the address of the Divl Railway Manager(Engg),East Coast Railway, Visakhapatnam so as to reach this office not latter than 13.30Hrs on 14.05.2015 or deposited in the special sealed box allotted for the purpose in the office of the DRM(Engg),East Coast Railway, Waltair. Offers received through post and found in the tender box at the time of opening of the tender and complete in all respects and duly signed by the authorized signatory should be treated as in-time offer subject to the firm/firms submitting post confirmation copy duly signed by the authorized person as per the tender conditions within 10 (Ten) working days from the date of opening. The tender box will be closed at 13.30 Hrs., on 14.05.2015 and shall be opened at 14.30 Hrs on the same day in presence of such of those tenderers or their representatives present.


35

3. Partnership Deeds, Power of Attorney etc (As per Railway Board Letter No.2013/CE-I/CT/O/33/SI (FTS-89623), dated 11.10.2014) :

(i). The tenderer shall clearly specify whether the tender is submitted on his own or on behalf of a Partnership Firm/Joint Venture (JV)/Society etc. The tenderer(s) who is/are constituents of Firm, Company, Association or Society shall enclose self attested copies of the Constitution of their concern, Partnership Deed and Power of Attorney along with their tender. Tender Document in such cases shall to be signed by such persons as may be legally competent to sign them on behalf of the Firm, Company, Association or Society, as the case may be.

(ii). The tenderer shall give full details of the Constitution of the

Firm/JV/Company/Society etc., and shall also submit following documents (as applicable), in addition to documents mentioned above:

(a). Sole Proprietorship Firm : The tenderer shall submit the

notarized copy of the affidavit. (b). Partnership Firm : The shall submit self attested copies of

(i) registered/notarized Partnership Deed and (ii) Power of Attorney duly authorizing one or more of the partners of the firm or any other persons(s), authorized by all the partners to act on behalf of the firm and to submit & sign the tender, sign the agreement, witness measurements, sign Measurement Books, receive payment, make correspondences, compromise/settle/relinquish any claim(S) preferred by the firmer all or any dispute to arbitration and to take similar action in respect of all tenders/contracts OR said tender/contract.

(c). Joint Venture (JV) : The tenderer shall submit documents as

mentioned in Clause 65 to GCC. (d). Company registered under Companies Act-1956 : The

tenderer shall submit (i) the copies of MOA (Memorandum of Association) and AOA (Articles of Association) of the Company: and (ii) Power of Attorney duly registered/notarized by the company (backed by the resolution of Board of Directors) in favour of the individual, signing the tender on behalf of the company.

(e). Society : The tenderer shall submit (i) self attested copy of

the Certificate of Registration, (ii) Deed of Formation and (iii) Power of Attorney in favour of the tender signatory.


36

(iii). If it is mentioned in the tender that it is being submitted on behalf of/by a Sole Proprietorship Firm/Partnership Firm/Joint Venture/ Registered Company etc., but above mentioned document(s) (as applicable) are not enclosed along with tender, the tender shall be summarily rejected.

If it is NOT mentioned in the tender that it is being submitted on

behalf of/by a Sole Proprietorship Firm/Partnership Firm/Joint Venture/ Registered Company etc., then the tender shall be treated as having been submitted by the individual who has signed the tender.

After opening of the tender, any document pertaining to the

Constitution of Firm/JV/Society etc., shall neither be asked nor be entertained/considered.

(iv). A tender from JV/Consortium/Partnership Firm etc., shall be

considered only where permissible as per the tender conditions. (v). The Railway will not be bound by any power of attorney granted by

the tenderer or by changes in the composition of the firm made subsequent to the submission of tender. It may, however, recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor.

a) Employment/Partnership Etc. of Retired Railway Employees:

Should a tenderer be a retired engineer of the Gazetted rank or any other Gazetted officer working before his retirement, whether in the executive or administrative capacity or whether holding a pensionable post or not, in the Engineering or any other department of any of the railways owned and administered by the President of India for the time being, or should a tenderer being partnership firm have as one of its partners a retired engineer or retired Gazetted Officer as aforesaid, or should a tenderer being an incorporated company have any such retired engineer or retired officer as one of its Directors or should a tenderer have in his employment any retired Engineer or retired Gazetted Officer as aforesaid, the full information as to the date of admit as one of its partners or employee under it or being an incorporated company elect or nominate or allow to act as one of its directors or employee under it in any capacity whatsoever any retired engineer of the gazette rank or any other retired gazette officer working before his retirement, whether in the executive or administrative capacity, or whether holding any pensionable post or not in the Railways for the time being owned and administered by the President of India before the expiry of one year from the date of retirement from the said service of such Engineer or Officer unless such Engineer or Officer has obtained permission from the President of India or any officer duly authorized by him in this behalf to become a partner or a director or to take employment under the contract as the case may be, or.


37

4. STUDY OF SOR ‘1992 & UNIFIED STANDARD SCHEDULE OF RATE

‘2010 (WORKS & MATERIALS), G.C.C. & SPL CONDITIONS : Instructions to tenderer(s), General Condition of contract and standard specifications for materials and works specimen agreement form are laid down in Part-I & II of the Indian Railway General Conditions of contract July-2014 together with upto date correction slips which can be seen at the office of the Divl. Railway Manager (Engg. Branch) East Coast Railway, Waltair & Indian Railway Unified Standard Specifications ‘2010 (Works & Materials) Volume-I & II (Chapter 0 to 26) and can be had on payment of `̀̀̀400/-only per copy and `̀̀̀1,000/- for Indian Railway Unified Standard Specifications ‘2010 (Works & Materials) Volume-I & II (Chapter 0 to 26). A certificate should invariably be attached along with the Tender papers that the contractor(s) has/have purchases schedule of labour and materials rates Pt-I, Vol-I of 1992 for P.Way Works (Section ‘Z’) & Unified Standard Schedule of Rate ‘2010 (Works & Materials) which can be seen at the office of the Divl. Railway Manager (Engg. Branch) East Coast Railway, Waltair and can be had on payment of `̀̀̀1000/-only per copy and Indian Railways Standard General Conditions of Contract July-2014 with up to date Correction Slips attached there-to of Indian Railways and `̀̀̀1,000/- for Indian Railway Unified Standard Specifications ‘2010 (Works & Materials) Volume-I & II (Chapter 1 to 26) and gone through all the conditions of contract and rates and specifications etc., embodied there-in. They should in their interest be well acquainted with site of work.

5. CONFLICT BETWEEN CONDITIONS :

When there is any conflict between the instructions to tender with additional special conditions and with stipulations contained in the schedule of items on the one hand and the S.E.Railway Schedule of labour and materials rates part-I, Vol-I revised addition 1992, read with parts-II,III &IV regulations for tenders and contracts, USOR’2010 & Indian Railways Standard General Conditions of Contract July-2014 with up to date Correction Slips on the other hand the former shall prevail.

6. CARE IN SUBMISSION OF TENDERS :

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

(b). When work is tendered for by a firm or company of contractors, the

tender shall be signed by the individual legally authorized to enter into commitments on their behalf.


38

(c). The Railway will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however, recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor.

7. RIGHT OF RAILWAYS :

Special attention of the Tenderer/ contractor is also drawn that the Railway reserves the right not to invite tenders for any work or works or to invite open tenders or limited Tenders and when tenders are called to accept a tender in whole or in part or reject any tender or all tenders without assigning any reasons for such action”.

8. ELIGIBILITY CRITERIA :

The tenderers who wish to participate in the tender should fulfill the

“ELIGIBILITY CRITERIA” as prescribed in the tender notice. The tenderer (S) are requested to submit the documents along with the tender offer as mentioned in the tender notice. The other terms & conditions as prescribed in tender notice such as joint ventures, Partnership firm etc., shall also be applicable.

9. DRAWINGS :

The drawings for the work can be seen in the office of the DRM(Engg)/East Coast Railway on any working day during office hours.

10. EARNEST MONEY:

10.1.(a). The tender must be accompanied by a sum equivalent to the following which shall be rounded to the nearest Rs.10/-.

Value of the work (Tender value) EMD

For works with estimated value costing up to `.1 crore.

2% of the estimated cost of Tender Value.

For works with estimated value costing more than `.1 Crore.

`.2 Lacs plus ½% (half percent) in excess of estimated cost of work more than `.1 (One) Crore subject to a maximum of `.1 Crore

(b). RESILE OR MODIFICATION OF TERMS & CONDITIONS:

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


39

(c). RETAINING OF EMD TOWARDS PART OF SECURITY DEPOSIT:

If the tender is accepted the earnest money mentioned in Sub-Clause (a) above will be retained as part of security for the due and faithful fulfillment of the contract in terms of Clause-16 of the General Conditions of Contract, the Earnest Money of other tenderers, shall save as herein before provided, be returned to them, but the Railway shall not be responsible for any loss or depreciation that may happen thereto while in their possession, nor be liable to pay interest thereon.

(d). The scheme of standing earnest money deposit/permanent earnest

money deposit is dispensed forthwith for all tenderers. 10.2. The Earnest Money should be in Cash or Banker’s Cheques/Demand Drafts

in favour of FA&CAO of the Railway, executed by State Bank of India or any of the Nationalized Banks or by a Scheduled Bank.

10.3. The instrument submitted towards EMD should be obtained in favour of FA

&CAO, East Coast Railway /Bhubaneswar, payable at Waltair. 10.4. The Joint Venture Firm shall be required to submit Earnest Money Deposit

(EMD) along with the tender in terms of the provisions contained in Para 5 (Earnest Money) of Part-I of G.C.C.

10.5. The tenders unaccompanied by the requisite earnest money deposit in

acceptable form shall under no circumstances be entertained and shall be summarily rejected.

10.6. On no account should the tenderer send the amount in Government

currency notes or cheques (other than Banker’s Cheque issued by Nationalised /Scheduled Banks). No reference to previous deposits of earnest money against the present tender can be accepted.

11. SECURITY DEPOSIT :

The Earnest Money Deposited by the contractor with his tender will

be retained by the Railways as part of Security for the due and

faithful fulfillment of the contract by the contractor. The balance to make up the security deposit, the rates for which are given below,

may be deposited by the contractor in cash or may be recovered by

percentage deduction from the Contractor’s “on account” bills. Provided also that in case of defaulting contractor the Railway may

retain any amount due for payment to the contractor on the pending

“on account bills” so that the amounts so retained may not exceed 10% of the total value of the contract.

11.1. Unless otherwise specified in the special conditions, if any, the Security Deposit/rate of recovery/mode of recovery shall be as

under:-


40

(a). Security Deposit for each work shall be 5% of the contract

value.

(b). The rate of recovery shall be at the rate of 10% of the bill amount till the full security deposit is recovered.

(c). Security Deposits will be recovered only from the running bills

of the contract and no other mode of collecting SD such as SD

in the form of instruments like Bank Guarantee, Fixed Deposit

etc., shall be accepted towards security deposit. 11.2. Security Deposit shall be released only after the expiry of the maintenance

period and after passing the final bill as certified by the competent authority based on “No Claim Certificate”. The certificate, interalia, should mention that the work has been completed in all respects and that all the contractual obligations have been fulfilled by the contractor(S) and that there is no due from the contractor to Railways against the contract concerned. Before releasing the security deposit, an unconditional and an unequivocal No Claim Certificate from the contract concerned should be obtained.

11.3. No interest will be paid on the said earnest money and the security deposit

or amounts payable to the contractor under the contract.

11.4 In Partial modification to claim for Security Deposit it has now been decided by the Railway Board that:- i). After the work is physically completed, security deposit recovered from

the running bills of a contractor can be returned to him if he so desires, in lieu of FDR/Irrevocable Bank guarantee for equivalent amount to be submitted by him.

ii) In case of contract value ` 50 crore and above, irrevocable Bank

Guarantee can also be accepted as a mode of obtaining security deposit. 12. PERFORMANCE GUARANTEE :

Revised Clause No.16(4) to Indian Railway General Conditions of contract vide Item No.01 of Railway Board’s letter No.2007/CE.I/

CT/18/Pt-XII, dt.31.12.2010 )

(a). The successful bidder shall have to submit a Performance Guarantee (PG) within 30(Thirty) days from the date of issue of letter of acceptance (LOA). Extension of time for submission of PG beyond 30 (Thirty) days and upto 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 15% per annum shall be charged for the delay beyond 30(Thirty) days i.e., from 31st day after the date of issue of LOA. In case the contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any payable against that contract. The failed contractor shall be debarred from participating in re-tender for that work.


41

(b). The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% of the contract values.

(i). A deposit of cash. (ii). Irrevocable Bank Guarantee.

(iii). Government Securities including State Loan bonds at 5% below the market value.

(iv). Deposit Receipt, Pay Order, 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 Bank.

(v). Guarantee Bonds executed or Deposits Receipts tendered by all scheduled Banks.

(vi). A Deposit in the Post Office Saving Bank. (vii). A Deposit in the National Savings Certificates. (viii). Twelve years National Defense Certificate. (ix). Ten years Defense Deposits. (x). National Defense Bonds and (xi). Unit Trust Certificates at 5% below market value or at the

face value whichever is less. Also, FDR in favour of FA & CAO (free from any encumbrance) may be accepted.

NOTE : The instruments as listed above will also be acceptable

for Guarantees in case of mobilization advance.

(c). The Performance Guarantee shall be submitted by the successful bidder after the letter of acceptance (LOA) has been issued, but before signing of the contract agreement. The P.G. shall be initially valid upto the stipulated date of completion plus 60 days beyond that. In case, the time for completion of work gets extended, the contractor shall get the validity of P.G. extended to cover such extended time for completion of work plus 60 days.

(d). The value of PG to be submitted by the contractor will not change for

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

(e). The Performance Guarantee (PG) shall be released after physical

completion of the work based on ‘Completion Certificate’ issued by the competent authority stating that the contractor has completed the work in all respects satisfactorily. The security deposit shall, however, be released only after expiry of the maintenance period and after passing the final bill based on ‘No Claim Certificate” from the contractor.


42

(f). Whenever the contract is rescinded, the Security Deposit shall be forfeited and the Performance Guarantee shall be encashed. The balance work shall be got done independently without Risk & Cost of the failed contractor. The failed contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is a JV or a partnership firm, then every member/partner of such a firm shall be debarred from participating in the tender for the balance work in his/her individual capacity or as a partner of any other JV/Partnership firm.

(g). The Engineer shall not make a claim under the Performance

Guarantee except for amounts to which the President of India is entitled under the contractor (not withstanding and/or without prejudice to any other provisions in the contract agreement) in the event of :

(i). Failure by the contractor to extend the validity of the

Performance Guarantee as described herein above, in which event the Engineer may claim the full amount of the Performance Guarantee.

(ii). Failure by the contractor to pay President of India any amount

due, either as agreed by the contractor or determined under any of the Clauses/Conditions of the agreement, within 30 days of the service of notice to this effect by Engineer.

(iii). The contract being determined or rescinded under provision of

the GCC the performance guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of India.

13. CONSTITUTION OF FIRMS :

(a). Tenders should specifically and fully disclose their respective constitutions and submit along with tender attested copies of documents like partnership deed, articles or memorandum of Association, certificates of Incorporation etc., If any, in support of such disclosures. If a tenderer is a firm i.e. a partnership business it should be stated whether the name of the firm is registered under the Indian Partnership Act and the names and addresses of all the partners of the firm should be fully disclosed. The Railway Administration shall always have the liberty to ask for production of the Originals of the said documents and also make out further and other requisitions regarding the constitutions of the tenderers as may be considered necessary from the time to time..


43

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

The Railway will not be bound any power of attorney granted by the Tenderers or by changes in the composition of the firm made subsequent to the execution of the contract. It may however recognize such power of attorney and changes after obtaining proper legal advice and the cost of which will be chargeable to the contractor as following

(i). for initial vetting Rs.100/- (ii). for subsequent vetting Rs.30/-

(c). If the tenderer (S) deliberately gives/give wrong information in

his/their or creates/create circumstances for the acceptance of his/their tender, the Railway reserve the right to reject such tender at any stage.

(d). If the tenderer(S) expires after the submission of his/their tender or

after the acceptance of his/their tender, the Railway shall deem such tender cancelled. If a partner of a firm expires after the submission of their tender or after the acceptance of their tender, the Railway shall deem such tender and cancelled, unless the firm retains its character.

14. SHED/STORES :

Contractors shed, store houses, yards etc. for stacking Railway materials shall be located in the Railway premises only at locations approved by the Engineer.

15. VALIDITY OF OFFER :

The Tenderer(s) shall keep the offer open for a minimum period of 90 (Ninety) days from the date of opening of the Tenderer/Tender within which period the tender cannot withdraw his offer subject to the period being extended further if required by mutual agreement from time to time. Any contravening/contravention of the above conditions will make tender liable for forfeiture of his earnest money deposit for the performance of the foregoing stipulations.

16. AUTHORITY OF ACCEPTANCE : The authority for the acceptance of the tender will be rest with

CE/BBS/DRM/ADRM/Sr.DEN/ East Coast Railway/Waltair who does not bind himself to accept the lowest or any tenders not deposit the undertake to assign reason for the declining to consider any particular tender.


44

17. EXECUTION OF AGREEMENT :

The successful Tenderer(s) shall be required to execute the agreement with the President of India through the CE/BBS, DRM /ADRM/Sr.DEN/DEN of East Coast Railway/Waltair

18. EXECUTION OF CONTRACT AGREEMENT (DOCUMENT) :

The tenderer whose tender is accepted shall be required to appear in

person at the office of the Divisional Railway Manager concerned Engineer, as the case may be or, if a firm or corporation, a duly authorised representative shall so appear and execute the contract documents within 30(Thirty) days along with performance guarantee from the date of issue of letter of acceptance (LOA). Extension of time for submission of PG beyond 30 (Thirty) days and upto 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 15% per annum shal be charged for the delay beyond 30(Thirty) days ie., from 31st day after the date of issue of LOA (As per Rly.Bd’s letter No.2007/CE-I/CT/18/Pt-XII, dt.31.12.2010). Failure to do so shall constitute a breach of the agreement by the acceptance of the tender in which case the full value of the earnest money submitted along with the tender stands forfeited without prejudice to any other right or remedies. In the event of any tenderer whose tender is accepted refuses to execute the contract documents as herein before provided, the Railway may determine that such tenderer has abandoned the contract and there upon his tender and acceptance thereof shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount of the Earnest Money. The agreement to be executed in form Annexure-II for Zonal Contract & Annexure–IV for special contract as well as provisions contained in tender papers shall form part of the contract. In any respect about which any of the provisions in the said agreement form cannot be reconciled with any of the provisions in the tender papers the later shall prevail.

19. PROGRAMME OF WORK: The tenderers are required to submit a Bar Chart showing the programme

to complete the work within the stipulated completion period as mentioned in the tender notice. The work will be carried out to a fixed programme by the Railway. The method and system of carrying out the works will be prescribed by the Engineer-in-charge of the work or his representative.


45

20. PLYING OF CONTRACTORS VEHICLES :

The places locations where contractor’s vehicles are permitted to ply

adjacent to the running lines contractors required to erect a bamboo barricade 3 meters away from the center of the track so as to give an indication to the plying vehicles. To keep strict watch on the barricade Railway Administration will post an experienced Gangmen to act as Flagman at the locations to prevent any accident. Wages involved for posting of such flagman shall be borne by the Contractor(s).

21. FLUCTUATION IN MARKET RATES : No claim will be entertained for any fluctuations in respect of cost of

materials and increase of labour rates during the currency of contract. 22. APPRENTICE ACT : The contractor shall be responsible to ensure compliance with the

provisions of the apprentices Act., 1961 and the rules and orders issued there under from time to time in respect of appreciation directly or through their petty contractors or sub contractors employed by him for the purpose of carrying out the contract.

If the contractor directly or through petty contractors or sub contractors fail to do this failure will be a breach of the contract and the Railway may in its discretion rescind the contract, the Contract shall also be liable for any pecuniary liabilities arising on account of any violation of the provisions of the Act. NOTE :- The contractor(s) is/are required to engage apprentices when

works are under taken by the last for a period of one year or more and/or the cost of the work is rupees one lakh or more.

23. TOOLS & PLANTS :

CERTIFICATE :

It should be clearly understood that it is entirely contractor’s responsibility and liability to find, procure all the machine tools and plant and their spare parts that are required for efficient and methodical execution of the work delay in procurement of such items due to their non-availability or important on any matter in question disputes, difficulties or any other causes what-so-ever will not be taken excuse for slow or non-performance of work.


46

24. Sales Tax or any other taxes :

24.1. The Contractor shall bear in full all taxes and royalties or levied by the State

Government and/or Central Government from time to time. This would be entirely a matter between the contractor and State.

24.2. Government/or Central Government. Railway will recover the taxes and

royalties through running account bills if the contractor fails to pay the taxes and royalties to the government. Offer of the tenderers who quote service tax inclusive, will be summarily rejected.

24.3 As regards Service Tax, Actual Service tax (without interest) applicable if

any will be reimbursed subject to production of authentic documentary evidence of this tax having been actually paid to the Government of India by contractor during execution of work or before passing of final bill.

24.4. The documentary evidence must indicate agreement No/Acceptance letter

No. along with name of work duly indicating the amount of service tax actually paid by the contractor to the Government of India and this should be produced either during the currency of the contract or before the passing of final bill.

25. Recovery of conservancy cess charges (Railway Board’s Letter

No.F(X)I/95/1/1, dated 16.07.2012) :

(a). If the contractor’s labour are employed at station and colonies where

Railway sanitary facilities do exists, recovery should be made at the rate as detailed below :

Railway contractors Average No. of labourer or Workmen employed per

day.

Conservancy cess charges to be

recovered- per month.

Engineering Works Contractors

1 to 5 `.106/-

6 to 10 `.208/-

11 to 25 `.523/-

26 to 50 `.762/-

51 to 100 `.1023/-

101 to 200 `.1285/-

201 to 300 `.1546/-

301 to 750 `.1785/-

751 to 1500 `.3590/-

1501 to 3000 `.7182/-

3000 & over `.14345/-


47

(b). In respect of contractors labour working between stations are at isolated places where Railway sanitary facilities do not exist, recovery should not be made.

(c). Supply contractors may be exempted from the purview of recovery of

cess charges. (d). No conservancy cess charges need be recovered from the contractors

who are engaged for removal of night soil and rubbish from the Railway colonies.

(e). No charges are recoverable wherever no services are provided.

26. Railway Bd’s letter no.200/8/CE-I/CT/6,dt.29.11.2013 Implementation of the Building and other Constructions 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.

27. Price Variation :

1. As per Railway Board’s letter no.2007/CE-I/CT/18/Pt.19 (FTS-8798), dated 15.10.2014, Price Variation Clause (PVC) shall be

applicable only for contracts of value (Contract Agreement Value) `50

lakh and more irrespective of the contract completion period.

2. The Price Variation Clause (PVC) of General Conditions of Contract

(GCC) shall not apply to such a works contract which is either an Annual Maintenance Contract (AMC) or a Zonal Contract.

28. VARIATON QUANTITIES :

New Clause No.42(4) to Indian Railways General Conditions of Contract vide item No.09 of Railway Board’s letter No.2007/ CE.I/CT/18, dt.28.09.2007 & Item No.2 of Railway Board’s letter No.2007/CE-I/CT/18/Pt-XII, dt.31.12.2010 )

28.1. Individual NS items in contracts shall be operated with variation of plus or

minus 25% and payment would be made as per the agreement rate. For this, no finance concurrence would be required.


48

28.2. In case an increase in quantity of an individual item by more than 25% of the agreement quantity is considered as unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh tender for operating that item is considered not practicable, quantity of that item may be operated in excess of 125% of the agreement quantity subject to the following 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 or Higher grade with prior finance concurrence: (i). Quantities operated in excess of 125% but upto 140% of the

agreement quantity of the concerned item, shall be paid at 98% of the rate awarded for that item in that particular tender.

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

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

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

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

(c). Execution of quantities beyond 150% of the overall agreemental

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

28.3. In case where decrease is involved during execution of contract.

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

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

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


49

28.4. The limit for varying quantities for minor value items shall be 100% (as

against 25% prescribed for other items). A minor value item for the purpose is defined as an item whose original agreement value is less than 1% of the total original agreement value.

28.5. No such quantity variation limit shall apply for foundation items. 28.6. As far as SOR items are concerned, the limit of 25% would apply to the

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

28.7. For the tenders accepted at Zonal Railways level, variations in the quantities

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

28.8. For tenders accepted by General Manager, variations upto 125% of the

original agreement value may be accepted by General Manager. 28.9. For tenders accepted by Board Members and Railway Ministers, variations

upto 110% of the original agreement value may be accepted by General Manager.

28.10. The aspect of vitiation of tender with respect to variation in quantities should

be checked and avoided. In case of vitiation of 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.

29. WAGES :

The employer should ensure payment of minimum wages to the workman working under the employer. Even in case the workman working under any contractor, the employer should also ensure payment of wages under minimum wages Act. The contractor should ensure that payments of its/their contractual employee are made through bank payment.

30. Provisions of Employees Provident Fund and Miscellaneous

Provisions Act, 1952 : The Contractor shall comply with the provisions of Para 30 and 36-B of the Employees Provident Fund Scheme, 1952; Para 3 and 4 of

Employee’s Pension Scheme, 1995 and Para 7 and 8 of Employees Deposit Linked Insurance Scheme, 1976; as modified from time to

time, wherever applicable and shall also indemnify the Railway from

and against any claims under the aforesaid Act and the Rules (As per Railway Board’s letter no.2012/CE-I/CT/O/22, dated 14.12.2012).


50

31. COMPENSATION FOR ACCIDENT :

No compensation towards any accident what-so-ever will be paid by the Railway.

32. RATES :

The rates quoted by the Tenderer and accepted by the Railway Administration must hold good till the completion of the work and shall not be subjected to any fluctuation. No claim on this account what-so-ever shall be entertained at any stage.

33. BONDED LABOUR ABOLITION Act :

Observation of bonded labour system (Abolition) ordinance 1975. The bonded labour system (Abolition) ordinance 1975 would apply to the present contract. The Contractor(s) /Tenderer(s) shall duly observe the provision thereof.

34. CO-OPERATIVE SOCIETY :

If a tenderer is a Co-operative Labour contract Society/ Vendors, Co-operative Society there shall be no element of contractor Ex. Contractor in the Society in any capacity nor shall there any close relative of the contractor or Ex. Contractor association with the Society as an office bearer. In case of breach of the above provision, the Railway reserves the right to terminate the contract with the society at any time without assigning any reason after giving notice of a month to the society.

NOTE: In case of Labour co-operative Society only 50% of the Earnest

Money normally taken from the Contractors is to be obtained in respect of works contract.

35. NIGHT WORKING:

Though normally no work is carried out in night ie., from sun set to sun rise the progress of the work if not coming up to the time schedule laid down in clause above the Engineer-in-charge can order for night working by the contractor and the contractor shall make all arrangements for adequate lighting and safety precautions etc., for night working with prior permission of competent authority.


51

36. OTHER CONCURRENT WORKS : The Contractor should take note that the Railway may carry out other works through departmental labour or through other agencies in the same area simultaneously. The Contractor should not create disturbances to departmental work, other contractual works etc., in progress at the same site.

37. LOCAL CONDITIONS :

The tenderers are advised to visit the site of work and investigate actual conditions, regarding nature and difficulties involved availability of materials, water and labour, probable sites for labour camps, store godowns etc. They should also satisfy themselves as to the source of supply and sufficiency and adequacy for their respective purpose of different materials referred to in the specifications or indicated in the drawings, the extent of lead and lift involved in the execution of work and any other difficulties involved in the execution of work should also be examined before quoting the rates for complete items of work described in the schedules. Plans and drawings concerning the above work may be inspected in the office of the DRM(Engg)/WAT on any working day.

Railway will supply the cable route plan and the tenderer should study/understand the same before starting the work, so that, necessary precautions can be taken to avoid damages to the cable. During the execution of works adequate precautions shall be taken by the contractor to protect the cables. In case the cables are damaged, a flat penalty of Rs.1,00,000/- (Rupees One lakh only) would be levied and recovered from the contractor. The decision of the Engineer-in-charge regarding attributing responsibility shall be final and binding on the contractor and this issue shall be treated as “Excepted matter” for arbitration.

38. SETTING OUT WORKS : The contractor is to set out the whole of the work in consultation with the Engineer and will rectify any errors which may arise there in and provide efficient, and sufficient staff and labour. The contractor shall also alter or amend any errors in the dimension lines or levels to the satisfaction of the Engineer or of his authorised representative without claiming any compensation for the same.

39. EMERGENCY WORKS :

In the event of any accident or failure occurring in or around the work or arising out of or in connection with the construction erection, completion or maintenance of the work which in the opinion of the Engineer require immediate attention the Railway, may use its own workmen or other agency to execute or partly execute the necessary work or carry out repairs if the Engineer considers that the contractor is not in a position to do so, in time


52

and charge the cost there of, as determined by the Engineer to the contractor.

40. EXPENSES FOR AGREEMENT :

All expenses in drawing up the agreement and stamp duty if any, will be

borne by the Railway administration. 41. LOSS OF WORK ORDER :

A penalty of `10/- (Rupees ten only) will be recovered from the contractor for loss of each copy of his work orders.

42. LABOUR LICENSE :

The contractor shall obtain labour license from the concerned Assistant Regional Labour Commissioner (Central) as per contract labour (Regulation & Abolition) Act 1970 and rules framed there under in case he is required to engage more than the stipulated limit in the Act. Any violation of this will make the contractor liable for action as per the aforesaid Act and Rules.

43. FIRST AID FACILITIES :

In terms of Para 19 of “The contract labour and (Regulation & Abolition) Act 1970”, the contractor should provide and maintain a “First Aid Box” equipped with the prescribed contents at every place during the all working hours where contract labour is employed by him/them.

44. ANTILARVAL WORK :

During execution of the work against this contract the contractor(S) will be responsible for ‘ANTILARVAL’ work at his/their own cost.

45. EMPLOYMENT OF GRADUATE/DIPLOMA HOLDERS BY CONTRACTOR

(As per Clause 26A of GCC) :

Tenderer(s)/Contractor(s) after award of the contract shall employ

qualified Engineer on monthly salary basis and for duration as indicted below :

Contract Value

No. of Engineers/Diploma

holders and Degree holders

Duration

200 lakh and above One Qualified Graduate Engineer.

During currency of Contract.

Above `̀̀̀25 lakhs and less than 200 lakh.

One Qualified Diploma Holder.

During currency of Contract.


53

In case the contractor fails to employ the Qualified Graduate

Engineer as mentioned above, he shall be liable to pay an amount of `̀̀̀40,000/- per month or part thereof for the default period. If the contractor fails to employ qualified Diploma Engineer as mentioned

above, he shall be liable to pay an amount of `̀̀̀25,000/- per month or part thereof for the default period. (Railway Board’s letter no.2012/CE-I/CT/O/20, dated 10.05.2013)

46. DRAFTING OF VEHICLES :

The Railway shall reserve the right to draft any of the vehicles and or

equipments mobilized by the Contractor at the site of work along with its Operator employed by the contractor to assist in rescue and restoration operation in case of any accidents/natural calamities involving human lives. The contractor shall be responsible to arrange mobilization of his Operator/equipment/vehicle so drafted with shortest possible delay. However, the Railway shall arrange to duly compensate the contractor, whose vehicles/equipment/Operator are so drafted by operation of suitable Non-schedule (NS) item(S) as per Railway’s existing norms.

47. ELECTRIFIED SECTION : If the contractor(S) are required to carryout the works in an Electrified

Section. The/they shall be full responsible for the safe working of traffic and safety of these/their men.

48. CLEARANCE OF SITES :

On the successful completion of the work the contractor shall remove all his equipments and surplus materials etc., and leave the site clear of any encumbrances within 30 days after the certified date of completion.

49. DETERMINATION OF CONTRACT :

Right of Railway to determine the contract under clause No.61 & 62 of GCC is applicable.

50. SUPPLY OF RAILWAY MATERIALS :

Unless and otherwise specified the Railway shall supply the materials such

as cement and steel etc., required for this work free of cost. The materials will be handed over to the tenderer(s) at the stores of inspector of works concerned and no lead is payable on these materials from the delivery point to the work site.


54

51. RETURN OF RAILWAY MATERIALS :

The Railway materials to be returned by the tenderer after completion of the

work should be handed over in good condition at stores of IOW concerned at the cost of tenderer(s). No lead is payable on account of transportation.

52. EMPTY CEMENT BAGS :

The empty cement bags for the supply of cement by the Railway should be

the property of the contractor and the cost thereof shall be recovered at the rates fixed from time to time. The Railway reserves the right to take back the empty cement bags which are in good condition for its own use without any payment what-so-ever.

53. MATERIALS SUPPLIED OUT SIDE THE SCOPE OF CONTRACT:

53(a). If materials outside the contract are supplied for use in work on the

application of the contractor of Engineer-in-charge of the work should specify in each case the rates to be charges which should be the market rate prevailing at the time of supply or the issue rate whichever is higher plus departmental charges which shall be computer as below.

53(b). Market rate of issue rate whichever is higher plus freight 5% and 2%

incidental charges of which supervision charges @ 12% on total cost will be added.

In case cement, steel and other material stipulated as per the agreement

used in excess of the requirement calculated as per the quantities of materials to be used in different in the quantity of materials actually issued of the contractor and the theoretical requirements a calculated above should be returned by the contractor to the Railways representative at the specified depot after completion of the work. The contractor shall not be entitled to cartage and to stores where they are issued. No lead will be paid for returning the empty cement bags.

Consumption of cement, if any has been mentioned against the relevant item in SOR quantity indicated is in quintal required for execution of one unit quantity of relevant item. In case of Design Mix, cement consumption shall be as per approved mix. However, indicative cement consumption has been given. In case of hollow/solid block masonry, consumption of cement, shall be assessed at site as it depends upon size/shape/type of block

53(c). The Provision of the forgoing sub clause shall be in addition to cement and

other material apply to the case of steel reinforcement or structural steel section, except that the theoretical quantity of steel shall be taken as the quantity required as per drawing or as authorized by the Engineer-in-charge including authorized representative.


55

53(d). The materials issued to the contractor out of which remaining unused in perfectly good condition at the time of completion or determination of the contract shall be returned to the Engineer-in-charge at place where directed by him.

53(e). In case the contract fails to return the unused or excess material over the

requirement as calculated the cost as arrived at as in para 52(a) & (b) above increase by 100% will be charged and recovered from the contractors dues without prejudice to the provisions of the relevant conditions regarding return of materials governing the contract.

53(f). The provision made above are without prejudice the right of Government to

take action against the contractor under the conditions of the contract for not doing the work according to the prescribed specifications.

54. USE OF RAILWAY MATERIALS:

If ordered by the Engineering-in-charge the tenderer shall use Railway

boulders, stone etc., in the work and the tenderer has no right to refuse such orders.

55. MAINTENANCE PERIOD: The maintenance period in terms of Clause 47 and 48 of the GCC 2014 shall

be Six months from the date of issue of completion certificate for all works except for works maintenance period is specified in the tender schedule. For Hiring of Vehicle, upkeeping of Rest houses, offices, Supply of ballast, zonal contracts, earth work and P.Way works etc., no maintenance period is applicable.

56. SETTLEMENT OF DISPUTES - INDIAN RAILWAY ARBITRATION RULES:

1. Matters Finally Determined By The Railway : All disputes and

differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract, shall be referred by the contractor to the GM and the GM shall, within 120 days after receipt of the contractor’s representation, make and notify decisions on all matters referred to by the contractor in writing provided that matters for which provision has been made in Clauses 8, 18, 22(5), 39, 43(2), 45(a), 55, 55-A(5), 57, 57A,61(1), 61(2) and 62(1) to (xiii)(B) of Standard General Conditions of Contract or in any Clause of the Special Conditions of the Contract shall be deemed as ‘excepted matters’ (matters not arbitrable)and decisions of the Railway authority, thereon shall be final and binding on the contractor; provided further that ‘excepted matters’ shall stand specifically excluded from the purview of the Arbitration Clause.


56

2.(1) Demand For Arbitration :

2.(1)(i). In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties onany matter in question, dispute or difference on any account or as to the withholding by the Railway of any certificate to which the contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days, then and in any such case, but except in any of the “excepted matters” referred to in Clause 63 of these Conditions, the contractor, after 120 days but within 180 days of his presenting his final claim on disputed matters shall demand in writing that the dispute or difference be referred to arbitration.

2.(1)(ii). The demand for arbitration shall specify the matters which

are in question, or subject of the dispute or difference as also the amount of claim item-wise. Only such dispute(s)or difference(s) in respect of which the demand has been made, together with counter claims or set off, given by the Railway, shall be referred to arbitration and other matters shall not be included in the reference.

2.(1)(iii)(a). The Arbitration proceedings shall be assumed to have

commenced from the day, a written and valid demand for arbitration is received by the Railway.

(b). The claimant shall submit his claim stating the facts

supporting the claims along with all the relevant documents and the relief or remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral Tribunal.

(c). The Railway shall submit its defence statement and

counter claim(s), if any, within a period of 60 days of receipt of copy of claims from Tribunal thereafter, unless otherwise extension has been granted by Tribunal.

(d). Place of Arbitration : The place of arbitration would be

within the geographical limits of the Division of the Railway where the cause of action arose or the Headquarters of the concerned Railway or any other place with the written consent of both the parties.

2.(1)(iv). No new claim shall be added during proceedings by either

party. However, a party may amend or supplement the original claim or defence thereof during the course of arbitration proceedings subject to acceptance by Tribunal having due regard to the delay in making it.


57

2.(1)(v). If the contractor(s) does/do not prefer his/their specific and final claims in writing, within a period of 90 days of receiving the intimation from the Railways that the final bill is ready for payment, he/they will be deemed to have waived his/their claim(s) and the Railway shall be discharged and released of all liabilities under the contract in respect of these claims.

2.(2). Obligation During Pendency Of Arbitration : Work under the

contract shall, unless otherwise directed by the Engineer, continue during the arbitration proceedings, and no payment due or payable by the Railway shall be withheld on account of such proceedings, provided, however, it shall be open for Arbitral Tribunal to consider and decide whether or not such work should continue during arbitration proceedings.

2.(3). Appointment of Arbitrator :

2.(3)(a)(i). In cases where the total value of all claims in

question added together does not exceed Rs. 25,00,000 (Rupees twenty five lakh only), the Arbitral Tribunal shall consist of a Sole Arbitrator who shall be a Gazetted Officer of Railway not below JA Grade, nominated by the General Manager. The sole arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by GM.

2.(3)(a)(ii). In cases not covered by the Clause 64(3)(a)(i), the Arbitral Tribunal shall consist of a Panel of three Gazetted Railway Officers not below JA Grade or 2 Railway Gazetted Officers not below JA Grade and a retired Railway Officer, retired not below the rank of SAG Officer, as the arbitrators. For this purpose, the Railway will send a panel of more than 3 names of Gazetted Railway Officers of one or more departments of the Railway which may also include the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitrator to the contractor within 60 days from the day when a written and valid demand for arbitration is received by the GM. Contractor will be asked to suggest to General Manager at least 2 names out of the panel for appointment as contractor’s nominee within 30 days from the date of dispatch of the request by Railway. The General Manager shall appoint at least one out of them as the contractor’s nominee and will, also simultaneously -


58

appoint the balance number of arbitrators either from the panel or from outside the panel, duly indicating the ‘presiding arbitrator’ from amongst the 3 arbitrators so appointed. GM shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of contractor’s nominees. While nominating the arbitrators, it will be necessary to ensure that one of them is from the Accounts Department. An officer of Selection Grade of the Accounts Department shall be considered of equal status to the officers in SA grade of other departments of the Railway for the purpose of appointment of arbitrator.

2.(3)(a)(iii). If one or more of the arbitrators appointed as

above refuses to act as arbitrator, withdraws from his office as arbitrator, or vacates his/their office/offices or is/are unable or unwilling to perform his functions as arbitrator for any reason whatsoever or dies or in the opinion of the General Manager fails to act without undue delay, the General Manager shall appoint new arbitrator/arbitrators to act in his/their place in the same manner in which the earlier arbitrator/arbitrators had been appointed. Such re-constituted Tribunal may, at its discretion, proceed with the reference from the stage at which it was left by the previous arbitrator (s).

2.(3)(a)(iv). The Arbitral Tribunal shall have power to call for

such evidence by way of affidavits or otherwise as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties hereto to do or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the award without any delay. The Arbitral Tribunal should record day to-day proceedings. The proceedings shall normally be conducted on the basis of documents and written statements.

2.(3)(a)(v). While appointing arbitrator(s) under Sub-Clause

(i), (ii) & (iii) above, due care shall be taken that he/they is/are not the one/those who had an opportunity to deal with the matters to which the contract relates or who in the course of his/their duties as Railway servant(s) expressed views on all or any of the matters under dispute or differences. The proceedings of the Arbitral Tribunal or the award made by such Tribunal will, however, not be invalid merely for the reason that one or more arbitrator had, in the


59

course of his service, opportunity to deal with the matters to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under dispute.

2.(3)(b)(i). The arbitral award shall state item wise, the

sum and reasons upon which it is based. The analysis and reasons shall be detailed enough so that the award could be inferred there from.

2.(3)(b)(ii). A party may apply for corrections of any

computational errors, any typographical or clerical errors or any other error of similar nature occurring in the award of a Tribunal and interpretation of a specific point of award to Tribunal within 60 days of receipt of the award.

2.(3)(b)(iii). A party may apply to Tribunal within 60 days of

receipt of award to make an additional award as to claims presented in the arbitral proceedings but omitted from the arbitral award.

2.(4). In case of the Tribunal, comprising of three Members, any ruling on

award shall be made by a majority of Members of Tribunal. In the absence of such a majority, the views of the Presiding Arbitrator shall prevail.

2.(5). Where the arbitral award is for the payment of money, no interest

shall be payable on whole or any part of the money for any period till the date on which the award is made.

2.(6). The cost of arbitration shall be borne by the respective parties. The

cost shall inter-alia include fee of the arbitrator(s), as per the rates fixed by Railway Board from time to time and the fee shall be borne equally by both the parties. Further, the fee payable to the arbitrator(s) would be governed by the instructions issued on the subject by Railway Board from time to time irrespective of the fact whether the arbitrator(s) is/are appointed by the Railway Administration or by the court of law unless specifically directed by Hon’ble court otherwise on the matter.

2.(7). Subject to the provisions of the aforesaid Arbitration and Conciliation

Act 1996 and the rules there under and any statutory modifications thereof shall apply to the arbitration proceedings under this Clause.

The above particulars, instructions and conditions are understood and accepted by me.


Tenderer (S)/Contractor (S)

60

ANNEXURE-III

EAST COAST RAILWAY

PRICE VARIATION CLAUSE

(Applicable for only for Contracts of value (Contract Agreement Value) `̀̀̀50

lakh and more)

Clause 46A – Price Variation Clause:

46A.1 As per Railway Board’s letter no.2007/CE-I/CT/18/Pt.19 (FTS-8798), dated

15.10.2014, Price Variation Clause (PVC) shall be applicable only for contracts of value (Contract Agreement Value) `50 lakh and more irrespective of the contract completion period. Variation in quantities shall not be taken into account for applicability of PVC in the contracts. 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 `55 lakh, but value of the contract as per Contract Agreement is `45 lakh, then PVC shall not apply, even if the actual final value is `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.


61

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.

46A.6 The percentage of labour component, material component, fuel component

etc. in various types of Engineering Works shall be as under:

Nature of work

% of Components

(A) Earthwork Contracts:

Labour Other Material Fuel Fixed

50% 15% 20% 15%

(B) Ballast and Quarry Products Contracts:

Labour Other Material Fuel Fixed

55% 15% 15% 15%

(C) Tunneling Contracts:

Labour Detonators Fuel Other Material

45% 5% 15% 5%

Explosives Fixed

15% 15%

(D) Other Works Contracts:

Labour Fuel Material Fixed

30% 15% 40% 15%

* It shall not be considered for any price variation.

46A.7 As per Railway Board letter No. 2007/CE-I/CT/18/Pt.13 dt. 02.05.2014, 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


62

iii). F = W X (FQ - FB) X

FC

FB 100

iv). E = W X (EQ - EB) X

EC

EB 100

v). D = W X (DQ - DB) X

DC

DB 100 vi). S = Sw X (SQ - SB)

vii). C = Cv X (CQ - CB)

CB 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

P % of Labour Component. Q % of Material Component. Z % of Fuel Component. S % of Explosives Component. T % of Detonators Component.

LC % of Labour Component

MC % of Material Component

FC % of Fuel Component

DC % of Detonators 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 & 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 contractors offer).

Value of Cement supplied by contractor as per on account bill

in the quarter under consideration. LB Consumer Price Index Number for Industrial Workers - All

India - Published in RBI Bulletin for the base period. 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.


63

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 Whole sale 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 under consideration.

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 whole sale 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 under consideration.

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.

D Cost of detonators as fixed by DGS & D in the relevant rate contract of the Firm from whom purchases of detonators are made by the Contractor for the average Price Index of the 3 months of the quarter under consideration.

Sw Weight of steel in tonne, supplied by the contractor as per the on account bill for the month under consideration.

SQ SAIL's (Steel Authority of India Limited) ex-works price plus

Excise Duty thereof (in rupees per tonne) for the relevant category of steel supplied by the contractor as prevailing on the first day of the month in which the steel was purchased by the contractor (or) as prevailing on the first day of the month in which steel was brought to the site by the contractor whichever is lower.

SB SAIL's ex-works price plus Excise Duty thereof (in `̀̀̀ 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.


64

CB Index No. of wholesale price of subgroup (of cement & lime) as published in RBI bulletin for the base period.

CQ Index No. of wholesale price of subgroup (of cement & lime) as published in RBI bulletin for the average price index of the 3 months of the quarter under consideration.

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

CO RBI whole sale price index for cement & lime 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 become available.

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

formula, as mentioned in this Clause, based on SAIL’s ex-works price plus 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 65 x 65 x 6 mm IS 2062 E250A SK

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

4. All types and sizes of channels and joists

Channels 200 x 75 mm 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

46A.10. Price Variation During Extended Period Of Contract

The price adjustment as worked out above, i.e. either increase or decrease shall be applicable up to the stipulated date of completion of work including the extended period of completion where such extension has been granted under Clause 17-A of the General Conditions of Contract. However, where extension of time has been granted due to contractor’s failure under Clause 17-B of the General Condition of Contract, price adjustment shall be done as follows:


65

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

original completion period or the extended period under Clause 17-A, the

price adjustment for the period of extension granted under Clause 17-B shall

be limited to the amount payable as per the Indices applicable to the last

month of original completion period or the extended period under Clause 17-

A of the General Conditions of Contract; as the case may be.

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

original/extended period of completion under Clause 17-A, As the case may

be; then the lower indices shall be adopted for the price adjustment for the

period of extension under Clause 17-B of the General Conditions of Contract.

Tenderer(S) Divl Railway Manager (Engg.)

E.Co.Railway/Waltair

66

Annexure – IV

East Coast Railway

IRREVOCABLE GUARANTEE BOND

(To be used by State Bank of India/Nationalised/Scheduled Banks only)

SPECIMEN BG FORMAT FOR PERFORMANCE GUARANTEE

1. In consideration of the President of India (herein after called "The Government") having agreed to exempt M/s/Sri…………………………… (hereinafter called “the said contractor(S)”) from the demand, under the terms and conditions of an Agreement dated ……………….. made between the DRM(Engg), East Coast Railway, Waltair and M/s/Sri …………………...................………….. for ................ (herein after called "The said Agreement") of security deposit for the due fulfilment by the said contractor(s) of the terms and conditions contained in the said Agreement, on production of a bank guarantee for Rs.........……/-(Rupees…………..........................................…………………… only). We ……………………………….....………. (indicate name of the bank) (hereinafter referred to as “the Bank”) at the request of M/s /Sri……………………………............ do hereby undertake to pay to the Government an amount not exceeding Rs…….........……./- against any loss or damage caused to or suffered or would be caused to or suffered by the Government by reasons of any breach by the said contractor (s) of any of the terms or conditions contained in the said Agreement.

2. We, …………………............................ (indicate name of the bank) do hereby

undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the Government stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Government by reason of any breach by the said contractors of any of the terms or conditions contained in the said Agreement or by reason of the contractor (S) failure to perform the said Agreement. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs….........../-

3. We undertake to pay to the Government any money so demanded not

withstanding any dispute or disputes raised by the contractor(S)/Supplier(S) in any suit or proceeding before any Court of Tribunal relating thereto our liability under this present being absolute and unequivocal.

The payment so made by us under this bond shall be a valid discharge of

our liability for payment there under and the contractor(S)/supplier(S) shall be no claim against us for making such payment.

Signature & date with Seal

67

4. We …............................………………..(indicate the name of bank) further

agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the Government under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till the DRM(Engg)/WAT. Ministry of Railways certifies that the terms and condition of the said agreement have been fully and properly carried out by the said Contractor (S) and accordingly discharges the guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the ………....... (date) we shall be discharged from all liability under this guarantee thereafter.

5. We ……....................................... (indicate name of the bank) further

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

6. This guarantee will not be discharged due to the change in the constitution

of the Bank or the Contractor(s)/Supplier(s). 7. We ....................................... (indicate the name of bank) lastly

undertake not to revoke this agreement during its currency except with the previous consent of the Government in writing.

Dated the …………… Day of ………… 201___

For …………………………………..…………. (name of bank)

Signature & date with Seal

east coast railway item no:6/21 07 /201 5/wat/engg ......1 east coast railway item no:6/21 tender...

Documents