TOP SHEET TENDER FORM FOR - 3.imimg.com3.imimg.com/data3/FB/HK/HTT-341/341_2013-10-31-12-27-28_1383202648.pdf · Name of work: Flash Butt Welding of 52kg (90/72 UTS) class-II or class-I

SOUTH WESTERN RAILWAY Tender Notice No. SWR/W/TS/MFBW/2013/08, dated 30.10.2013, Sl.No.1

TENDERER(S)/CONTRACTOR(S) Page 1 of 57

Office of the Principal Chief Engineer

Works Branch, Club Road, Keshwapur Hubli-580023

TOP SHEET

TENDER FORM

FOR

Name of work: Flash Butt Welding of 52kg (90/72 UTS) class-II or class-I rails/rail panels including USFD testing of welded joints conforming to IR Manual for Flash Butt Welding using Contractor‟s self propelled Rail-cum-road Mobile FBW Plants in Mysore Division (Chainage from Km 296.00 to 400.400- between SLU-KJG Stations of TK-UBL section) in the jurisdiction of South Western Railway. ISSUED TO: ____________________________________________ ADDRESS : _________________________________________________ ____________________________________________________________ PRICE: Rs. 11450/- (Rupees Eleven Thousand Four Hundred Fifty only) EMD: Rs. 524110/-(Rs. Five Lakh twenty four thousand one hundred ten only) MONEY RECEIPT: No.___________________________Dtd: __________ DEPOSITED WITH: ___________________________________________

A. THE TENDER SHOULD BE ACCOMPANIED BY THE FOLLOWING: 1. Earnest Money and Cost of tender form. 2. Documents fulfilling the eligibility criteria. 3. Details of contractual payment received as per Annexure-D 4. Mandate form for NEFT as per proforma (Annexure- L) duly filled

B. ALL ANNEXURES SHOULD BE PROPERLY FILLED UP BY THE TENDERER FAILING WHICH THE TENDER IS LIABLE TO BE REJECTED.

Chief Engineer (Track Procurement)

S.W Railway, Hubli. For & On Behalf of President of India



SPECIAL INSTRUCTIONS TO TENDERERS 1. Name of work: Flash Butt Welding of 52kg (90/72 UTS) class-II or class-I rails/rail panels including USFD testing of welded joints conforming to IR Manual for Flash Butt Welding using Contractor‟s self propelled Rail-cum-road Mobile FBW Plants in Mysore Division (Chainage from Km 296.00 to 400.400- between SLU-KJG Stations of TK-UBL section) in the jurisdiction of South Western Railway. 2. Approximate value of Tender: Rs. 74821370/-

3. Date of opening of Tender : 06.12.2013

4. Availability of Tender documents: Tender documents are obtainable from the office of the Principal Chief Engineer/South Western Railway/Works Branch, Club Road, Keshwapur, Hubli: 580023 on any working day during office working hours from 10.30 to 16.00 hours up to the previous working day of the date of opening tender on production of money receipt in support of Rs. 11450/- (Rs. Eleven Thousand four Hundred Fifty only) non-refundable deposited with Divisional Cashier Pay/S.W.R/Hubli – 23.

4.1 Tender documents are also available on website https://tenders.gov.in and https://swr.indianrailways.gov.in the same can be down loaded and used as tender document for submitting the offer. This facility is available free of cost. However, the cost of tender document as indicated above in para 4 will have to be deposited by the Tenderer in the form of a bank draft payable in favour of FA & CAO/SWR/Hubli along with the tender document. This should be paid separately and not clubbed with the Earnest Money deposit. Tenders received without the cost of tender document will be summarily rejected.

4.2 Tender documents must be submitted duly completed in all respect in a sealed envelope duly super-scribing the Tender Notice No. and the name of work in the tender boxes provided in the offices of Principal Chief Engineer, South Western Railway, Works Branch, Club Road, Keshwapur, Hubli: 580023 within 15.00 on 06.12.2013. No tender document will be sent by post but Tenders received by posts will be accepted. However, tenderers are advised to post the tenders well in advance so as to reach in time at following address Principal Chief Engineer, South Western Railway, Works Branch, Club Road, Keshwapur, Hubli: 580023.

NOTE: -Railway shall not be responsible for any delay whatsoever with regard to postal tender. Tenderers are also advised to clearly mention the name of the work & Tender Notice No. and date of opening at the top of the envelope and it should be enclosed in another envelope to avoid opening inadvertently. Name of work, tender Notice no. & date of opening should be mentioned on both the envelopes and the tenders will be opened at 15.30 hrs. on 06.12.2013 at the office of the Principal Chief Engineer, South Western Railway, Works Branch, Club Road, Keshwapur, Hubli: 580023.

4.3 Tenderer(s) are free to down load the tender document from the web site at their risk and cost for the purpose of perusal and to use the same as Tender Document, if so desire, for submitting their offer. If the offer of any tenderer who has submitted the tender document down loaded from the web site is accepted, the Contract agreement will be prepared based on the master copy of the document and will be binding on the Contractor. No claim on this account will be entertained.

5. WARNING: It is hereby brought to the notice of all prospective Tenderer(s)/Bidders that if any change/addition/deletion/alterations are found to be made by them in the tender document and the same is subsequently detected/ noticed at any stage even after award of the contract, all necessary action including banning of business would be taken. In addition, the tenderer(s)/ bidders will be liable to be prosecuted under law.

6. The prospective tenderers are advised to visit the following websites frequently, http://tenders.gov.in and https://swr.indianrailways.gov.in especially at least ten days before the date of opening of tender to note any changes/corrigendum issued for this tender.

7. Approval of QAP, Welding Team and Standardization of Welding Parameters. 7.1 The General QAP containing the process of welding, welding parameters suggested by Plant Manufacturers and other details (complete QAP excluding details of welding team and standardization welding parameters) shall be got approved by the firm from RDSO anytime before participating in tender.

7.2 On award of contract, the firm will approach concerned zonal railways for approval of welding team as per Para 13 of Manual. The competency certificate to the plant operators will be issue by CTE of Zonal Railways after conducting the necessary tests as per provision of Manual

7.3 After approval of welding team, the final QAP (containing the earlier approved QAP, details of welding team and proposed welding parameters as decided by the contractor during the internal test) will be submitted by the firm to RDSO for standardization of welding parameters as per para 5.6 of the Manual.

https://tenders.gov.in/

http://tenders.gov.in/



7.4 After standardization of welding parameters, the final approved QAP will be issue by RDSO for undertaking the work in field as per provisions of the Manual.

7.5 Approval of QAP and standardization of parameters of Flash Butt Welding machines by RDSO should be ensured on priority. The action for approval of welding team shall be taken by Zonal Railways on priority. The action for approval of welding team shall be taken by Zonal Railways on priority.

7.6 QAP of the MFBW Plant need not be re-approved by RDSO unless there are major changes in Quality Control set up or new types of rails to be welded. In case of change of operator, Zonal railways shall take action for approval of welding team and revised QAP shall be approved by CTEs of Zonal Railways. The final decision whether there is major change in Quality control setup or not will rest with CTEs of Zonal Railways.

Chief Engineer (Track Procurement) S.W Railway, Hubli.

For & on behalf of President of India



Name of work: Flash Butt Welding of 52kg (90/72 UTS) class-II or class-I rails/rail panels including USFD testing of welded joints conforming to IR Manual for Flash Butt Welding using Contractor‟s self propelled Rail-cum-road Mobile FBW Plants in Mysore Division (Chainage from Km 296.00 to 400.400- between SLU-KJG Stations of TK-UBL section) in the jurisdiction of South Western Railway.

C O N T E N T S

Sl. No.

Description Page No

1 Top Sheet 1 2 Special Instructions to Tenderer (s) 2-3

2A Contents 4 3 Tender Notice (Annexure-I) 5-6 4 Declaration of Tenderer (s) (Annexure-II) 7 5 Schedule of the Tender 8-9 6 Scope of Work 10 7 Certificate of Familiarization 11 8 Conditions of Tender (Annexure-III) 12-15 9 Additional Special Conditions and Specifications applying to

Tender/Agreement (Annexure-IV) 16-25

10 Price Variation Clause (Annexure-IVA) 26-27 11 Special Conditions of Contract (Annexure-V) 28-30 12 Handling instructions for 90 UTS and Head hardened rail-(Annexure-

VI) 31

13 Additional Special Conditions of Contract (Safety Rules) (Annexure-VII) 32-33 14 Special conditions of Contract(Special specifications)Annexure-VIII 34-43 15 Questionnaire & Annexure A to L 44-55 16 Format of Bank Guaranttee Bond (Annexure M) 56 17 The working of Trollies, Motor Trollies and Lorries (Annexure N) 57



(TENDER NOTICE) ANNEXURE –I

01. Sealed tenders in the prescribed form are invited by Principal Chief Engineer on behalf of the President of India for execution of the following works from the Tenderer(s) fulfilling the requisite eligibility criteria:-

Sl. No.

Name of work Approximate

value (Rs.)

Earnest Money deposit (Rs.)

Cost of tender

document (Rs.)

Date of opening

1. Flash Butt Welding of 52kg (90/72 UTS) class-II or class-I rails/rail panels including USFD testing of welded joints conforming to IR Manual for Flash Butt Welding using Contractor‟s self propelled Rail-cum-road Mobile FBW Plants in Mysore Division (Chainage from Km 296.00 to 400.400- between SLU-KJG Stations of TK-UBL section) in the jurisdiction of South Western Railway.

74821370 524110 (10000

+

14.5 % KVAT)

= 11450

06.12.2013

02. The contract period is 24 (Twenty four) months from the date of issue of acceptance letter.

03. Eligibility criteria-Eligibility criteria for participation in this Tender are as under :-

03.1 A. Technical:

a) The tenderer should own at least one MFBW Plant in the tendering firm‟s name, which should be in working conditions and fit to be deployed for the tendered work exclusively. The tenderer should submit the documentary proof for the ownship of the MFBW Plant along with tender document.

b) The general QAP for the flash butt welding plant excluding details of operators and standardized welding parameters proposed to be deployed by firm should be approved by RDSO before the tender opening date. The Mobile Flash Butt Welding Plant owning firm can approach RDSO directly and can get their General QAP approved by RDSO before participating in a tender. This approved general QAP is to be submitted along with tender docuement witjout which tender will not be considered. If contractors want to deploy a welding plant other than that specified in the tender, which has approved QAP from RDSO, that palnt may also be permitted by Railways.

c) The Tenderer sholud have satisfactorily completed FBW work or any other P.Way works (One or more works) having cumulative value of 35% of the advertised tender value or more, during the last three financial years (I.e. Current Year and the last three financial years)

B. Financial: Total contracual payment received during the last three financial years and in the current inancial year should not be less than 150% of Advertised tender value of work.

04. The tenderer(s) should also submit the following documents along with the tender.

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

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

c) List of works physically completed in the last 03(three) financial years under Govt./Semi Govt. organizations giving description of work, organization 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, and approximate value of balance work yet to be done and date of award.

NOTE: - In case of items 04(c) and 04(d) above, supportive documents/certificates from the organizations with whom they worked/are working should be enclosed. Certificates from private individuals for whom such works are executed/being executed shall not be accepted.

05. Tender document is obtainable from the offices of the Principal Chief Engineer/South Western Railway/Hubli on any working day during office working hours from 10.30 to 16.00 hours up to the previous working day of the date of opening tender. Tender documents will also be available on websites http://tenders.gov.in and the same can be down loaded and used as tender document for submitting the offer. This facility is available free of cost. However, the cost of



tender document as indicated above will have to be deposited by the Tenderer in the form of a bank draft payable in favour of FA & CAO/SWR/Hubli along with the tender document. This should be paid separately and not clubbed with the Earnest Money deposit. Tenders received without the cost of tender document will be summarily rejected. In case of any discrepancy between the tender documents down loaded from internet and the master copy available in the office, the latter shall prevail and will be binding on the tenderer(s). No claim on this account will be entertained.

06. The tender form is not transferable.

07. The earnest money required can be deposited in any acceptable form as mentioned in the tender document but EMD in the shape of Bank Guarantee is not acceptable.

08. The tender box will be sealed at 15.00 Hrs. of 06.12.2013 and the tenders will be opened in presence of the tenderers at 15.30 Hrs. on the same day in the office of the Principal Chief Engineer/South Western Railway/Hubli-580023. 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. No tender documents will be sent by post but Tenders received by post will be accepted. However, Tenderers are advised to post the tenders well in advance so as to reach this office in time at the following address-

Principal Chief Engineer, South Western Railway, Works Branch, Club Road, Keshwapur, Hubli: 580023,

NOTE: - Railway shall not be responsible for any delay whatsoever with regards to postal tender. Tenderers are also advised to clearly mention the name of the work & Tender Notice No. and date of opening at the top of the envelope and it should be enclosed in another envelope to avoid opening inadvertently. Name of work, Tender Notice Number and date of opening should be mentioned on both the envelopes and the tenders will be opened at 15.30 hrs on the same day.

09. The Railway reserves the right to cancel the tender or reject any or all tenders without assigning any reasons thereof.

10. The prospective tenderers are advised to visit the website frequently http://tenders.gov.in and https://swr.indianrailways.gov.in at least ten days before the date of opening of tender to note any changes/corrigenda issued for this tender.

Chief Engineer (Track Procurement) S.W.Railway,Hubli

For & on behalf of President of India



ANNEXURE– II TENDER NOTICE NO: SWR/W/TS/MFBW/2013/08, dated 30.10.2013, Sl.No.1

Name of Work: Flash Butt Welding of 52kg (90/72 UTS) class-II or class-I rails/rail panels including USFD testing of welded joints conforming to IR Manual for Flash Butt Welding using Contractor‟s self propelled Rail-cum-road Mobile FBW Plants in Mysore Division (Chainage from Km 296.00 to 400.400- between SLU-KJG Stations of TK-UBL section) in the jurisdiction of South Western Railway. To The President of India, Acting through the Principal Chief Engineer, South Western Railway, Hubli: 580023

01. 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 120 (one hundred twenty) 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 South Western Railway, at the rates quoted in the attached Schedule and hereby bind myself/ourselves to complete the work in all respects within 24 (Twenty four) months from the date of issue of letter of acceptance of the Tender.

I/We also hereby agree to abide by the General Conditions of Contract corrected up to date and to carry out the work according to the Special Conditions of Contract and Specifications of materials and works as laid down by Railway in the Annexed special conditions/Specifications contained in the present Tender Document and the IR Unified Standard Specifications-2010 (Vol.-I & II) for works and materials (IRUSS).

A sum of Rs. 524110/-(Rupees five lakhs twenty four thousands one hundred ten only) 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 :-

I/We do not execute the contract documents within seven days after receipt of notice issued by the railways that such documents are ready

and

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

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 Witness 1:

Signature of Tenderer(s) 2: Date:

Address of Tenderer(s)



SCHEDULE OF THE TENDER

Name of Work: Flash Butt Welding of 52kg (90/72 UTS) class-II or class-I rails/rail panels including USFD testing of welded joints conforming to IR Manual for Flash Butt Welding using Contractor‟s self propelled Rail-cum-road Mobile FBW Plants in Mysore Division (Chainage from Km 296.00 to 400.400- between SLU-KJG Stations of TK-UBL section) in the jurisdiction of South Western Railway. Estimated Value: Rs. 74821370/- Period of completion: 24 (Twenty Four Months) Location of the Work:

1. MYS Division: Tumkur - Hubli section through weld renewal from Km 296.00 to 400.400 between SLU-KJG stations for a length of 104.400 KMs.

Item No.

Description of item Unit Approx. Qty.

Rate in Fig. & Words

Rs.

Amount in Fig. & words Rs.

1 Flash Butt Welding of 52 kg (90/72 UTS) rails/rail panels including USFD testing of welded joints, conforming to Indian Railway Manual for Flash Butt Welding and Indian Railway Manual for ultrasonic testing of rails and welds using contractor‟s own mobile flash butt welding plant and USFD machine on cess, temporary depot at site, on non running lines etc, of FR/3RP/5RP etc. at locations decided by Railways. The quoted rate shall be inclusive of freight of mobile flash butt welding plant with all necessary accessories, all labour, materials consumables, pre straightening of rails, matching the rails as per rail ends, preparation for welding aligning/positioning, stripping of rail joints, grinding and finishing of joint, post straightening of joints whenever necessary, handling/leading of rails/rail panels with in a lead of 100m, removing and refixing of fittings/ fastenings wherever required, including cost of necessary tests required for quality control as mentioned in special conditions of contract including all arrangement of labour, consumables etc., all complete as directed by Engineer-in charge .

Per joint/no

13572



2 Flash Butt Welding of 52 kg (90/72 UTS) rails/rail panels including USFD testing of welded joints, conforming to Indian Railway Manual for Flash Butt Welding and Indian Railway Manual for ultrasonic testing of rails and welds using contractor‟s own mobile flash butt welding plant and USFD machine on running track during traffic block for making long panels up to one km or more as directed by Engineer-in-charge. The quoted rate shall be inclusive of freight of mobile flash butt welding plant with all necessary accessories, all labour, materials consumables, pre straightening of rails, matching the rails as per rail ends, preparation for welding aligning/positioning, stripping of rail joints, grinding and finishing of joint, post straightening of joints whenever necessary, handling/leading of rails/rail panels with in a lead of 50m, removing and re-fixing of fittings/fastenings wherever required, including cost of necessary tests required for quality control as mentioned in special conditions of contract including all arrangement of labour, consumables etc., all completed as directed by Engineer-in charge

Per joint/no

3654

3 Shifting of Mobile Flash Butt Welding Plant by road from one work site to other work site on railway‟s account all complete as directed by the Engineer-in charge.

i) No payment shall be made for shifting within 2km of one site (on cess)

ii) Payment for lead beyond 2km only will be made i.e. no payment for initial 2km

iii) No payment shall be made for movement due to normal working

Per KM

50

Total

(Rate to be quoted in both figures & words for each item. In case of any discrepancies, rate quoted in words only will be taken into consideration).

(Note: The quoted rate does not include removal of rails from track, leading by rail dollies/dip Lorries or other means on the track near to the welding plant site, cutting, moving the welded panels to relaying site and changing rails again, making suitable platforms for welding depots at required intervals etc. This shall be organized by Railway separately)

Notes for selection, handling and welding of rails: a) Minimum length of old but serviceable rails for welding shall be 9 meter in length.

b) While welding old rails, it shall be ensured that only serviceable rails are welded. Old rails to be welded

shall preferably be match marked to achieve maximum uniformity of profiles in weld zone.

c) The cut rails/scrap rails/rejected rails should be returned to the concerned SE/SSE/P.Way



Name of Work: Flash Butt Welding of 52kg (90/72 UTS) class-II or class-I rails/rail panels including USFD testing of welded joints conforming to IR Manual for Flash Butt Welding using Contractor‟s self propelled Rail-cum-road Mobile FBW Plants in Mysore Division (Chainage from Km 296.00 to 400.400- between SLU-KJG Stations of TK-UBL section) in the jurisdiction of South Western Railway.

SCOPE OF WORK The tender schedule provides for execution of following works.

1. Mobile Flash Butt Welding of suitable serviceable rails (New/Second Hand Rails) of type 52Kg

(90/72UTS) IRS-T-12-96 880 Grade conforming to Indian Railway Manual for Flash Butt Welding

of Rails Revised Jan 2012 and Indian Railway Manual for Ultrasonic Testing of Rails and welds

(with latest correction slips) by using contractor‟s own Mobile Flash Butt Welding

Plant/Machines at depot or at suitable locations and in situ as decided by Railway and testing

of welds using contractor's own digital USFD machines.



Name of Work: Flash Butt Welding of 52kg (90/72 UTS) class-II or class-I rails/rail panels including USFD testing of welded joints conforming to IR Manual for Flash Butt Welding using Contractor‟s self propelled Rail-cum-road Mobile FBW Plants in Mysore Division (Chainage from Km 296.00 to 400.400- between SLU-KJG Stations of TK-UBL section) in the jurisdiction of South Western Railway.

CERTIFICATE OF FAMILIARIZATION

I/We hereby solemnly declare that I/we have visited the site of above work and gone through all the

plans and site details, and have familiarized myself/ourselves of the working conditions there in all

respects and in particular the following:

Topography of the area and existing Road net work (high ways & Village, Pucca & Kutcha) and

availability of Service Roads and railway lines,

Soil Conditions at the site of the work.

Sources and availability of construction material.

Rates for Construction materials.

Availability of Construction materials/machineries.

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

Availability of Water and Electricity.

Availability of space for putting up labour camps, offices Store Godowns, Engineering yards

etc.

Difficulties in executing the work near by the track and due to OHE line, ensuring all safety

norms round the year.

Seal & signature of Tenderer(s)

Date



ANNEXURE – III CONDITIONS OF TENDER

1. GENERAL

1.1 The contractor / Firms are requested to avoid quoting special conditions.

1.2 Programme in the form of bar chart for completion of work, machinery deployment for achieving the programmed progress must be submitted along with the tender.

1.3 Please fill in required information asked for in the specified proforma attached in the tender document. Tender will be other wise treated incomplete and hence will be liable for rejection.

1.4 The quantities shown in the schedules are approximate and are likely to vary on either side (+/-), as per clause-2 of Additional Special Conditions and Specifications (annexure-iv).

1.5 No mobilization, machinery or any other advances will be paid for this work.

2. TENDER DOCUMENT

2.1 Tenderers are required to submit their offer on the Railway Administration‟s prescribed tender form and the tenderer/ tenderers shall quote his/their rates therein as required

2.2 Tender must be enclosed in sealed cover super-scribing thereon the name of the work and the Tender Notice No. and date of opening and must be deposited in the Tender box in Principal chief Engineer‟s office within the prescribed time as mentioned in the Tender Notice. Tenderer(s) are requested to be present at the time of opening of tender. Tenders which are received after the date and/or time specified may not be considered.

2.3 Tenders containing over writing, additions, alterations, erasures, obliterations and other discrepancies may be considered only if corrections made by the Tenderer(s) are properly attested by the Tenderer(s) with his/their signature.

2.4 The Tenderer(s) shall sign every page of the tender documents alongwith enclosures serially numbered and submit all of them with the tender.

2.5 The tenderer(s) should quote rates both in figures and in words. Wherever there is a difference between the rates quoted in figures and in words, the rate quoted in words will be considered as correct.

2.6 COMPANY PROFILE

2.6.1 Tenderer(s) should specifically and fully disclose in his/their respective tender, their respective constitutions and submit along with each tender attested copy of documents like partnership deed, Articles and Memorandum of Association, Certificate of Incorporation etc., if any, in support of such disclosures. If Tenderer(s) is/are a firm i.e. partnership business, it should be stated whether the same is Registered under the Indian Partnership Act, and the name and address of all the partners of the firm should be fully disclosed. The Railway Administration shall always have the liberty to demand production of the original partnership deed of the said documents and also to make such further and other inquiries regarding the constitution of the Tenderer(s) as may be considered necessary.

2.6.2 The tenderer shall clearly specify whether the tender is submitted on his own or on behalf of a partnership concern. If the tender is submitted on behalf of a partnership concern, he should submit the certified copy of partnership deed along with the tender and authorization to sign the tender documents on behalf of partnership firm. If these documents are not enclosed along with tender documents, the tender will be treated as having been submitted by individual signing the tender documents. The Railway will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor.

2.6.3 The tenderer whether sole proprietor, a limited company or a partnership firm if they want to act through agent or individual partner(s) should submit along with the tender or at a later stage, a power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person specifically authorizing him/them to submit the tender, sign the agreement, receive money, witness measurements, sign measurement books, compromise, settle, relinquish any claim(s) preferred by the firm and sign “No Claim Certificate” and refer all or any disputes to arbitration.

2.7 PROGRAMME OF COMPLETION OF WORK

2.7.1 The Tenderer(s) shall give a comprehensive list of plant and machinery which he/they propose(s) to use in the execution of work.



2.7.2 Tenderer(s) shall submit along with tender an attested BARCHART, Activity wise detailed programme of how he/they plan to complete the work in the time frame stipulated in the tender along with details of machinery proposed to be deployed to achieve the same. It may please be noted that tender not accompanied by this programme are liable to be rejected.

2.8 REFERENCE TO RULE BOOK AND DRAWINGS

2.8.1 The details for the works are available can be discussed in the office of the Principal Chief Engineer/S.W.Railway, Hubli at any time during office hours.

2.8.2 The terms “Correction Slip” as referred to in this tender document includes the following terms also.

Addendum Slip, Corrigendum slip

Addendum slip and corrigendum slip which are issued in consecutive serials.

3. EARNEST MONEY DEPOSIT (EMD)

3.1 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 estimated to cost upto Rs.1 crore.

2% of the estimated cost of the work.

For works estimated to cost more than Rs.1 crore.

Rs. 2 lakhs plus ½% (half percent) of the excess of estimated cost of work beyond Rs.1 crore subject to a maximum of Rs.1 crore.

(i) The Earnest Money should be in cash or in the form of deposit receipts, pay orders or demand drafts executed by State Bank of India or any of the Nationalized Banks or by a Scheduled Bank.

(ii) These forms of earnest money are to be endorsed in the name of FA & CAO/ SWR/Hubli. Earnest Money in shape of Bank Guarantee bond will not be accepted.

3.2 The sum mentioned as Earnest Money for each tender, if desired by Tenderer(s) can be deposited in Cash with the FA & CAO, South Western Railway, Hubli –580023 and the receipt for the deposit should accompany the Tender. In making such deposit, the name of the work for which the money is deposited must be clearly stated in writing in the receipt.

3.3 Earnest Money should be submitted in acceptable form. In case the Earnest Money is not deposited in the acceptable form as stated above along with Tender, the Tender will be rejected.

3.4 Tender without Earnest Money Deposit will not be considered and the tender will be summarily rejected.

3.5 The Tenderer(s) shall hold the offer open for a period 120 days from the date of opening of Tender. It is understood that the Tender Documents have been sold/issued to the Tenderer(s) and the Tenderer(s) is/are being permitted to tender in consideration of stipulation on his/their part that after submitting his/their tender, he/they will not resile from his/their offer or modify the terms and conditions thereof in a manner not acceptable to the Principal Chief Engineer/Chief Engineer Track Procurement, South Western Railway. Should the Tenderer(s) fails to observe or comply with the foregoing stipulations, the amount deposited as Earnest Money for the due performance of the above stipulation shall be forfeited by the railway. If the Tender is accepted, the amount of Earnest Money will be retained towards part of Security Deposit for the due and faithful fulfillment of the contract.

3.6 The Earnest Money of the Unsuccessful Tenderer(s) as here in before provided will be returned to the Unsuccessful Tenderer(s) but the Railway shall not be responsible for any loss or depreciation that may happen to the Earnest Money for the due performance of the stipulation to keep the offer open for the period specified in the Tender documents or to the Earnest Money while in their possession, nor be liable to pay interest thereof.

3.7 The Earnest Money deposited by the successful Tenderer(s) will be retained towards the part of Security Deposit for the due and faithful fulfillment of the Contract but shall be forfeited if the Contractor(s) fails to execute the Agreement Bond within seven days after receipt of notice issued by railways that such documents are ready or to commence the work within fifteen days after receipt of order to that effect.

4 DOCUMENTS AND OTHER CONDITIONS

4.1 The submission of a tender by a tenderer(s) shall be deemed to imply and taken as indicating that he has read, understood and abided by the conditions stated therein and the (i) S.W. Rly



Schedule of Rates up to date and General Condition of Contract. (ii) The IR Unified Standard Specifications-2010(IRUSS) (Vol.-I & II) for Works and Materials including correction slips issued up to the date of opening of tender

4.2 A certificate may be attached along with the Tender papers that the Tenderer(s) has/have purchased S.W. Rly Schedule of Rates and General Condition of Contract (ii) The IR Unified Standard Specifications-2010(IRUSS) (Vol.-I & II) for Works and Materials including correction slips issued up to the date of opening of tender and gone through all the conditions of contract and rates, specifications, etc. embodied therein.

4.3 Certificates of completion of work and work under progress in support of the execution of similar type of work mentioned in the tender must be submitted along with the tender issued by the concerned authority of any Government / Semi Government organization under whom the work executed. The certificate should contain name of work, agreement/work order No, value of the work, date of award, date of completion, total amount paid.

4.4 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.

4.5 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 submission of their Tender or after the acceptance of their tender, the Railway shall deem such Tender as cancelled unless the Firm retains its character legally acceptable.

4.6 If the Tenderer(s) deliberately gives/give wrong information in his/their Tender or creates/create circumstances for the acceptance of his/their Tender, Railway reserves the right to reject such tender at any stage.

4.7 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 Plants & Machineries available on hand (own) and proposed to be inducted (own and hired to be given separately) for the subject work.

4.8 The authority for the acceptance of the Tender will rest with the Railway. It shall not be obligatory on the said authority to accept the lowest tender or any other tender and no tenderer(s) shall demand any explanation for the cause of rejection of his/their tender not the Railway undertake to assign reasons for declining to consider or reject any particular tender or tenders. The Railways reserve the right to accept the Tender either for the full quantity of work or part thereof or divide the works amongst more than one Tender without assigning any reasons for any such actions.

4.9 Should a Tenderer(s) find discrepancies in or omission from the drawings or any of the Tender Forms, or should be in doubt as to their meanings, he/they should at once, notify the authority inviting the Tender who may send a written instructions to all Tenderer(s). It should be understood that every endeavor has been made to avoid any error which can naturally effect the basis of the Tender and the successful Tenderer(s) shall take upon himself/themselves and provide for the risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof.

4.10 Tender documents in which Tender is submitted by Tenderer(s) shall become the property of the Railway and the Railway shall have no obligation to return the same to the Tenderer(s).

(a) Before submitting a Tender, the Tenderer(s) will be deemed to have satisfied himself/themselves by actual inspection of the site and locality of the work that all conditions liable to be encountered during the execution of the works are taken into account and that the rates he/they enters/enter in the Tender Forms are adequate and all inclusive, to accord with the provisions in Clause – 37 of the General Conditions of Contract as amended and corrected from time to time for the completion of works to the entire satisfaction of the Engineer-in-charge.

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

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



4.11 The successful Tenderer(s) shall be required to execute an Agreement with the President of India acting through the South Western Railway for carrying out the work according to General Conditions of Contract, Special Conditions/Specifications annexed to the tender and specifications for work and materials for all P way works and materials, and the IR Unified Standard Specifications-2010(IRUSS) (Vol.-I & II) for works and materials as amended/corrected upto the date of opening of tender.

4.12 The Tenderer(s) whose tender is accepted shall appear at the office of the Principal Chief Engineer/Chief Engineer (Track Procurement)/South Western Railway, as the case may be in person or in case of a Firm or Corporation, a duly authorized representative thereof shall so appear to execute the Contract documents within seven days after receiving notice that the contract document/agreement are ready. Failure to do so shall constitute breach of the Agreement effected by the acceptance of the Tender in which case the earnest money accompanying the tender shall be forfeited by the Railway without prejudice to any other rights or remedies.

4.13 In the event of any tenderer whose tender is accepted shall refuse to execute/does not execute the contract documents as here in before provided, the Railway may determine that such tenderer(s) has/have abandoned the contract and there upon his/their tender and acceptance letter thereof shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount of earnest money and to recover the damages for such default.

4.14 In case of non acceptance of a tender by the Railway Administration for any reason whatsoever, the Tenderer(s) cannot claim for any expenses incurred by him/them in submitting the Tender for the work or for any other account.

4.15 Where there is any conflict between the instructions to Tenderers and Special Conditions on one hand, and South Western Railway Schedule of Rates and General Conditions of Contract & the IR Unified Standard Specifications-2010(IRUSS) (Vol.-I & II) for works and materials with corrections slips issued up to the date of opening of tender on the other hand, the former shall prevail.

4.16 All the works included in the tender/contract shall be completed in all respect within the time specified in tender document.

4.17 Tenderers are requested to avoid quoting special conditions.

4.18 These instructions to the Tenderer(s) shall be deemed to form a part of the tender document.

The above conditions are under stood and accepted by me/us.

Seal & signature of Tenderer(s)

Date



ANNEXURE – IV

ADDITIONAL SPECIAL CONDITIONS AND SPECIFICATIONS APPLYING TO TENDER/AGREEMENT. (SPECIAL CONDITIONS)

1 GENERAL:

1.1 Principal items of works to be carried out by the tenderer/contractor are as noted in the schedule of works viz. Schedules annexed with the Tender /Agreement.

1.2 The quantities of works to be carried out by the tenderer / contractor will be as mentioned in the work order/ Agreement.

1.3 All the works included in the tender/contract shall be completed within the time specified in the tender/agreement.

1.4 The additional special conditions dealt in the document, Instructions to Tenderer(s) and the stipulations made in the Schedules of items of works shall govern the works under this contract, in addition to and/or the S.W.Railway Standard Schedule of Rates, General Conditions of Contract and standard Specifications for materials and works (IRUSS 2010) corrected up to date of opening of tender.

1.5 Where there is any conflict between the instructions to Tenderers and Special Conditions on one hand, and South Western Railway Standard Schedule of Rates 2011 and General Conditions of Contract, & the IR Unified Standard Specifications-2010(IRUSS) (Vol.-I & II) for works and materials with Correction Slips issued up to the date of opening of tender on the other hand, the former shall prevail.

1.6 Any notes appearing in the Schedule of Quantities and Rates will take precedence over Additional Special Conditions of Contract and S.W. Railway‟s GENERAL CONDITIONS OF CONTRACT and also the IR Unified Standard Specifications-2010(IRUSS) (Vol.-I & II) for works and materials & with Correction Slips issued up to the date of opening of tender. The Railway assumes that Tenderer(s) has/have acquainted himself/themselves with all terms and conditions used in the tender documents before submitting the tender.

1.7 All measurements, methods of measurements, meaning of intent of specifications and interpretation of Special Conditions of Contract given and made by the Railway or by the Engineer on behalf of the Railway shall be final and binding and shall be considered as “excepted matters” in terms of condition No. 63 of the GENERAL CONDITIONS OF CONTRACT and will strictly stay outside purview of arbitration and will not be arbitrable.

1.8 Any change in the address of the contractor shall be forthwith intimated in writing to the Railways. The Railway will not be responsible for any loss or inconvenience suffered by the contractor on account of his failure to comply with this.

1.9 The Railway Administration reserves the right to alter the detailed plans and sections and to carry out minor alterations in the plans resulting in the corresponding increase/decrease in the quantity of work without being liable to pay enhanced rates for the work and to allow extra time for completion of the work.

2. VARIATION IN CONTRACT QUANTITIES:

The quantities of each item of work furnished in the Schedule are approximate and are intended for the guidance of contractor. In actual execution of the work, there may be some increase/decrease in the quantities specified. Such variations up to 25% shall in no degree affect the validity of the contract and it shall be performed by the contractor as provided therein and be subject to the same conditions, stipulations and obligations originally and expressly included and provided for in specifications and drawings and the amounts to be paid therefore shall be calculated in accordance with the accepted schedule of rates

I. 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. II. In case an increase in quantity of an individual item by more than 25% of the agreement quantity

is considered unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh tender for operating that item is considered not practicable, quantity of that item may be operated in excess of 125% of the agreement quantity subject to the following conditions:-

A) Operation of an item by more than 125% of the agreement quantity needs the

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



(i) Quantities operated in excess of 125% but up to 140% of the agreement quantity of the considered 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 up to 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 agreement value should not be permitted and, if found necessary, should be only through fresh tenders or by negotiating with existing contractor, with prior personal concurrence of FA&CAO and approval of General Manager. III. In cases where decrease is involved during execution of contract: A. The contract signing authority can decrease the items up to 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 the 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 quantities. C. It should be certified that the work proposed to be reduced will not be required in the same work. IV. The limit for varying quantities for minor value items shall be 100% (as against 25% prescribed for other items). A minor value item for this purpose is defined as an item whose original agreement value is less than 1% of the total original agreement value. V. No such quantity variation limit shall apply for foundation items. VI. 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 of the individual items irrespective of the manner of quoting the rate (single percentage rate or individual item rate). VII. For the tenders accepted at Zonal Railway's level, variations in the quantities will be approved by the authority in whose powers revised value of the agreement lies. VIII. For the tenders accepted by general manager, variations up to 125% of the original agreement value may be accepted by general manager. IX. For tenders accepted by Board Members and Railway Ministers, variations up to 110% of the original agreement value may be accepted by general manager. X. The aspect of variation of tender with respect to variation in quantities should be checked and avoided. In case of variation of the tender (both for increase as well as for decrease of value of contract agreement) sanction of the competent authority as per single tender should be obtained.

3. AGREEMENT:

3.1. All expenses in drawing up the agreement and the cost of stamp duty, if any, shall be borne by the Railway Administration.

3.2 Should a Tenderer/Contractor be a retired Engineer of the Gazetted Rank or any other Gazetted Officer working before his retirement, whether in the executive or administrative capacity, or whether holding a pensionable post or not, in the Engineering Department of any of the Railways owned and administrated by the President of India for the time being, or should a tenderer/contractor being partnership firm have as one of its partners retired Engineer or retired Gazetted Officer as aforesaid, or should a tenderer/contractor being an incorporated company have any such retired Engineer or retired Officer as one of its Directors, or should a tenderer/contractor have in his employment any retired Engineer or retired Gazetted Officer as aforesaid, the full information as to the date of retirement of such Engineer or Gazetted Officer from the said service and in case where such Engineer or officer had not retired from Government



service at least 2 years prior to the date of submission of the tender as to whether permission for taking such contract, or if the contractor be a partnership firm or an incorporated company, to become a partner or Director as the case may be, or to take the employment under the contractor, has been obtained by the tenderer or the Engineer or Officer, as the case may be from the President of India or any officer, duly authorized by him in this behalf, shall be clearly stated in writing at the time of submitting the tender. Tenders without the information above referred to or a statement to the effect that no such retired Engineer or retired Gazetted Officer is so associated with the tenderer, as the case may be, shall be rejected.

3.3. If it is detected at any stage during the currency of contract/Agreement that any document produced by the contractor during submission of his/ their tender related to finalization of his/their tender and/or during execution of work is/are found wrong/false, the contract will be terminated with forfeiture of Earnest Money deposit/Security deposit (as the case may be) without any further correspondence with the contractor(s).

4. RAILWAY PASSES

4.1. No free Railway passes shall be issued by the Railway to the contractor or any of his employee/worker.

5 Partnership deeds, Power of Attorney Etc:

5.1 The tenderer shall clearly specify whether the tender is submitted on his own or on behalf of a partnership concern. If the tender is submitted on behalf of a partnership concern, he should submit the certified copy of partnership deed along with the tender and authorization to sign the tender documents on behalf of partnership firm. If these documents are not enclosed alongwith tender documents, the tender will be treated as having been submitted by individual signing the tender documents. The Railway will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor.

5.2 The tenderer whether sole proprietor, a limited company or a partnership firm if they want to act through agent or individual partner(s) should submit along with the tender or at a later stage, a power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person specifically authorizing him/them to submit the tender, sign the agreement, receive money, witness measurements, sign measurement books, compromise, settle, relinquish any claim(s) preferred by the firm and sign “No Claim Certificate” and refer all or any disputes to arbitration.

6. DISSOLUTION OF CONTRACTOR’S FIRM:

6.1 If the contractor‟s firm is dissolved due to death or retirement of any partner or for any reasons whatsoever before fully completing the whole work or any part of it undertaken by the Principal agreement, the partners shall remain jointly, severally and personally liable to complete the whole work to the satisfaction of the Railway and to pay compensation for loss sustained, if any, by the Railway due to such dissolution. The amount of such compensation shall be decided by the General Manager of the Railway and his decision in the matter shall be final and binding on the contractor(s).

7. DEPLOYMENT OF PLANT AND MACHINERY:

7.1 The deployment of plants and machineries including moving machines shall be such as not to infringe or cause damage to Railway track or any other Government or private properties. Operation of such equipment involving infringement to moving dimensions prescribed in the Hand book of the Schedule of Dimensions of the Railway shall not be undertaken without the prior approval of the Engineer-in-charge. For any loss or damage resulting from violation of this clause the contractor(s) shall be wholly responsible.

7.2 It should clearly be understood that it is entirely the successful tenderer(s)/contractor(s) responsibility and liability to find, procure and use all machinery, tools and plants 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 import difficulties or any other cause whatsoever, will not be taken as an excuse for slow progress or non-performance of the work.

8. ISSUE OF MATERIALS:

8.1 If materials outside the contract are supplied for use on a work on the application of a contractor, the Engineer-in-charge of the work should specify in each case the rate to be charged, 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 computed as below:-Market rate or issue rate which ever is higher, plus freight 5%, incidental charges 2% and 12.5% departmental charges to cover the cost of Supervision, Storage, interest on outlay.



8.2 In case the contractor fails to return the unused or excess materials supplied outside the contract as per para 8.1 above, over the requirement as calculated, the cost as arrived at in para 8.1 above, increased by 100% will be charged and recovered from the contractor‟s dues without prejudice the provision of the relevant conditions regarding return of materials governing the contract.

9. STORAGE OF RAILWAY MATERIALS:

9.1 The Contractor shall make his own arrangements at the site of work for the safe storage and custody of Railway material issued to him. Such Railway materials issued to the Contractor and stored at the site of work shall be opened for inspection by the Engineer-in-charge or his representative at any time.

9.2 Contractor‟s sheds, stores, camp office, yard etc., for stacking Railway materials shall be located in the Railway premises only at the locations approved by the Engineer-in-charge. The land available will be given on standard charge fixed by the Railway for the period of execution only. On completion of work, he shall leave the site free of all structures, debris etc. non-compliance of same the Engineer-at-site will decide the amount to be deducted from payment due to the contractor(s) and this shall be final & binding on the contractor(s)

10. OCCUPATION AND USE OF LAND:

No land belonging to or in the possession of the Railway shall be occupied by the Contractor without the permission of the Railway. The Contractor shall not use, or allow to be used; the site for any purposes other than that of executing the works. Whenever Non-Railway bodies/persons are permitted to use Railway premises with competent authority‟s approval conservancy charges as applicable from time to time may be levied.

11 FORCE MAJEURE CLAUSE:

11.1 Applicable as per Clause 17 of GCC

12. NIGHT WORK:

12.1 No work shall be carried out between sunset and sunrise without previous permission of Engineer-in-charge.

12.2 If the Engineer-in-charge is satisfied that the work is not likely to be completed in time except by resorting to night work, he may order the Contractor(s) to carry out the works even at night without conferring any right on the contractor for claiming any extra payment for the same. All arrangements in this connection shall be made by the Contractor at his own cost.

13. SERVICE ROADS:

13.1 No new facilities such as roads, level crossing, etc. other than those already in existence will be made available to the tenderer(s)/Contractor(s).

13.2 The successful tenderer(s)/Contractor(s) shall make his own arrangements at his own cost for the construction of service roads within the Railway land for the transport of materials. No separate payment shall be admissible to the Successful Tenderer(s)/Contractor(s) for the construction of such road or its repairs and maintenance. The Successful Tenderer(s)/Contractor(s) shall make his own arrangement at his own cost for the construction of any Service Roads outside the Railway land or for the use of any of the existing roads outside the Railway land, required for the transport of materials for the construction of such roads, its repair or maintenance and the successful tenderer(s)/Contractor(s) shall be responsible for payment of road taxes, toll charges, octroi duty, etc. if any. The Railway will have right to use the service roads at all times without any payment to the successful Tenderer(s)/Contractor(s).

13.3 Existing roads or water courses shall not be blocked, cut through, altered, diverted or obstructed in any way by the Contractor, except with the permission of the Engineer, All compensations claimed for any unauthorized closure, cutting through, alteration, diversion or obstruction to such roads or water courses by the Contractor or his agent or his staff shall be recoverable from the Contractor by deduction from any sums which may become due to him in terms of contract, or otherwise according to law.

14 WATER SUPPLY:

14.1 Water required for all the works shall be arranged by the contractor at his own cost. No arrangements will be made by the Railway Administration for supplying water to the Contractor either for drinking purpose or execution of work free of cost. Rate quoted shall include the cost of arranging water supply and no separate payment will be made to the contractor on account of water charges.

14.2 The Railway may supply if any surplus water available from its own sources to the Contractor part or whole of the quantity of the water required for the execution of works from the Railway‟s



existing water supply system at or near the site of works on specified terms and conditions and at such charges as shall be determined by the Railway and payable by the Contractor, provided that the Contractor shall arrange, at his own expense, to effect the connections and lay additional pipe lines and accessories on the site and that the Contractor shall not be entitled to any compensation for interruption or failure of the water supply.

15 ELECTRICITY:

15.1 Any electric supply required at site for whatsoever purpose shall be arranged by the Contractor/s. The contractor/s shall be responsible for the arrangements for obtaining electric supply at his/their own cost and rates quoted shall include the cost of providing electric supply arrangements required for the work.

15.2 The Railway may supply to the Contractor part or whole of the electric power wherever available and possible, required for execution of works from the Railway‟s existing electric supply systems at or near the site of works on specified terms and conditions and such charges as shall be determined by the Railway and payable by the Contractor provided the cost of arranging necessary connections to the Railway‟s Electric Supply systems, and laying of underground/overhead conductor, circuit protection, electric power meters, transmission structure, shall be borne by the Contractor and that the Contractor shall not be entitled to any compensation for interruption or failure of the Electric supply system.

16 LOSS OF WORK ORDERS:

16.1 If the original work order issued to the contractor is lost by him for any reason whatsoever and the Contractor demands for supply of a duplicate of the same, a penal levy of Rs. 10/- (ten only) for each work order shall be imposed on him for the issue of a duplicate copy.

17 Employment of Graduate Engineers/Diploma Holders by Contractor:

17.1 Employment under Civil Engineering Works Contractor: - Railway Contractors are to employ Civil Engineering Graduates/Diploma holders under them @ specified below

Contract Value.

No. Of Eng. /Diploma Holders and Degree holders.

Duration.

Works of value Rs. 15 lakhs and above

Degree holder – 1 Diploma holder - 1

During Currency Of Contract

17.2 Technical staff should be available at the site wherever required by the Engineer-in-charge to take instructions. In case, the contractor fails to employ the technical staff as aforesaid, he shall be liable to pay of Rs.15, 000/-(Rupees fifteen thousand only) for each month of default, in case of Graduate Engineer, Rs.10, 000/-(Rupees Ten thousand only) for each month of default in case of Diploma Holder (Overseer) to be deducted from his ongoing on A/C bills. The decision of the Engineer-in-charge as to the period for which the required technical staff was not employed by the Contractor and as to the reasonableness of the amount to be deducted on this account shall be final and binding to the contractor.

18 COMPLIANCE TO THE PROVISIONS OF DIFFERENT ACTS:

The contractor shall comply with the provision of

(i) Minimum wages Act 1948. (ii) Apprentices Act 1961. (iii) Payment and wages Act 1936. (iv) Contract Labour (Regulation and Abolition) Act 1970. (v) Contract Labour (Regulation and Abolition) Central Rules 1971. (vi) Workmen‟s compensation Act. (vii) Mines Act.

And the rules and orders issued from time to time for all the above acts.

19 PRICE VARIATION CLAUSE (PVC)

Price Variation Clause is applicable. (Annexure IVA)

20 DAMAGES BY ACCIDENTS/FLOODS/RAINS/CYCLONES, ETC.

20.1 The Contractor(s) shall take all precautions against damages from accidents, floods or tides etc. No compensation shall be allowed to the contractor for his tools, plants, materials, machines and other equipments lost or damaged by any cause whatsoever. The Contractor(s) shall make good the damages to any structure, plant or materials of every description belonging to the Railway Administration, lost or damaged by any cause during the course of construction work.



20.2 The Railway Administration will not be liable to pay the contractor any charges for rectification or repairs which may have occurred from any cause whatsoever, to any part of the new structures during currency of contract.

21 SETTING OUT OF WORKS:

21.1 The contractor shall be responsible for the correct setting out of all works in relation to original points, lines and levels of reference at his cost. The Contractor shall execute the work true to alignment, grade, levels and dimensions as shown in the drawing and as directed by the Engineer‟s representative and shall check these at frequent intervals. The Contractor shall provide all facilities like labour and instruments and shall cooperate with the Engineer‟s representative to check all alignments, grades, levels and dimensions. If, at any time, during the progress of the works any error shall appear or arise in any part of the work, the Contractor, on being required so to do by the Engineer‟s representative shall, at his own cost rectify such errors, to the satisfaction of the Engineer‟s representative. Such checking shall not absolve the Contractor of his own responsibility of maintaining accuracy in the work. The Contractor shall carefully protect and preserve all bench marks, sight rails, pegs and other things used in setting out the work.

22 ANTILARVAL WORK:

22.1 During execution of the works against this contract the Contractor(s) shall be responsible for antilarval work at his/their own cost.

23 NON-ITEMIZED WORKS:

23.1 Where item not covered by the schedules are to be executed, the rates for such non-itemized works shall be negotiated before commencement of such work or to be got executed through any other agency by the Railway at the discretion of the Railway Administration.

24 TIME IS THE ESSENCE OF CONTRACT:

24.1 Time is the essence of contract. All the works are required to be completed in all respects as stipulated by the Railway within the completion date. Progress shall be maintained strictly in accordance with the programme given by the Contractor and accepted by the Engineer-in-charge from time to time as per the programme chart as per (BAR/CPM/PERT chart) as will be finalized.

24.2 Failure on the part of the contractor to complete the works in the date stipulated in the Agreement for completion of respective works will entitle the Railway Administration to impose penalty on the contractor in terms of S.W.Railway, General Conditions of Contract and its correction slips issued up to the date of opening of tender.

24.3 If the work is terminated during execution of the work, in accordance with the prescribed conditions of Clause-61 and/or 62 of General Conditions and any other relevant Clause appearing in the General Conditions of Contract of the S.W.Railway General Conditions of Contract with the correction slips issued upto the date of opening of tender, the Railway Administration reserves the right to invite fresh tenders for the whole or any portion of the work.

25 LEAD & LIFT ON CONTRACTOR’S MATERIALS:

25.1 No lead and lift for the contractors materials is payable for the works executed under this contract or for the materials issued by the Railway mainly cement, steel, Hume pipes, E.W. pipes, etc. unless otherwise specified.

26 SECURITY DEPOSIT:

26.1 The Earnest Money deposited by the successful tenderer/contractor to be retained towards security deposit for the due fulfillment of the contract in terms of Clause-16 of the General Conditions of Contract but shall be forfeited, if the contractor fail to execute the agreement within 30 (thirty) days after issue of Acceptance letter to that effect or commence the work within 30 (thirty) days from the issue of the Acceptance Letter.

26.2 In the event of any tenderer whose tender is accepted shall refuse to execute/dose not execute the contract documents as here in before provided, the Railway may determine that such tenderer has abandoned the contract and there upon his tender and the acceptance there of shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount of the earnest money and to recover the damages for such default (as per Clause No. 62 of General Conditions of Contract corrected up to the date of opening of tender)

26.3 less otherwise specified in the Special Conditions, if any, the amount of Security Deposit, rate of recovery, mode of recovery shall be as under.



(a) Security Deposit shall be 5% of the contract value. The Contractor may deposit the amount in cash with the FA & CAO, South Western Railway, Hubli or recovery @ 10% may be made from running bills of the contract.

(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 BG, FD etc. shall be accepted towards Security Deposit.

26.4 (i) Security Deposit shall be returned to the contractor after completion of the work and expiry of Maintenance/Warranty Period as certified by the Competent Authority. 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 contractor concerned should be obtained.

(ii) After the work is physically completed, maintenance/warranty period is over, security deposit recovered from the running bills of the contractor shall be returned to him.

26.5 No interest will be paid on the said Earnest Money and the Security Deposit or amounts payable to the contractor under the contract.

27 RENEWAL OF DEPOSITS BY CONTRACTORS:

27.1 In the case of tenderer(s)/Contractor(s) depositing Earnest Money in the shape of deposit receipt, it shall be the responsibility of the Tenderer(s)/contractor(s) for renewal and revalidation of the currency period of the deposit receipt as required before the expiry of the currency periods. If the Tenderer(s)/Contractor(s) fails to do so, the loss of interest on the deposit receipt, if any, shall be solely on the Tenderer(s)/Contractor‟s account and the Railway shall not in any way be liable and responsible for the loss of interest suffered by the Tenderer(s)/Contractor(s).

28. PERFORMANCE GUARANTEE & EXECUTION OF AGREEMENT:-

(a) The successful bidder should give Performance Guarantee amounting to 5% of the contract value in any of the following forms:-

(i) a deposit of Cash, (ii) Irrevocable Bank Guarantee, (iii) Government Securities including State Loan Bonds at 5 percent below the market value, (iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of Performance Guarantee could be either of the State Bank of India or any of the Nationalised Banks; (v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks; (vi) a Deposit in the Post Office Saving Bank; (vii) a Deposit in the National Savings Certificates; (Viii) twelve years National Defence Certificates; (ix) Ten years Defence Deposits; (x) National Defence Bonds; and (xi) Unit Trust Certificates at 5 per cent below market value or at the face value whichever is less.

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

(b) The successful bidder shall have to submit a Performance Guarantee (PG) within 30 (thirty) days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 30 (thirty) days and up to 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

(c) The Performance Guarantee (PG) shall be released after the physical completion of the work based on the „Completion Certificate‟ issued by the competent authority stating that the contractor has completed the work in all respects satisfactorily. The security deposit, however, shall be released only after the expiry of the maintenance/warranty period and after passing the final bill based on „No Claim Certificate‟.

(d) Wherever the contract is rescinded, the security deposit shall be forfeited and the Performance Guarantee shall be encashed and the balance work shall be got done independently without risk and cost of the failed contractor. The failed contractor shall be debarred from



participating in the tender for executing the balance work. If the failed contractor is a JV or a partnership firm, then every member/partner of such a firm shall be debarred from participating in the tender for the balance work either in his/her individual capacity or as a partner of any other JV/partnership firm.

(e) The Engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (not withstanding and/or without prejudice to any other provisions in the contract agreement) in the event of:

(i) Failure by the contractor to extend the validity of the Performance Guarantee as described herein above, in which event the Engineer may claim the full amount of the Performance Guarantee.

(ii) Failure by the contractor to pay President of India any amount due, either as agreed by the contractor or determined under any of the Clauses/Conditions of the agreement, within 30 days of the service of notice to this effect by Engineer.

(iii) The contract being determined or rescinded under provision of the GCC the Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of India.

(f) Specimen of Standard BG Format is given in Annexure-M.

29. SALES TAX, ROYALTY OR ANY OTHER TAXES:

29.1 The Contractor shall bear all taxes, royalties and/ or other taxes / duties levied by the State Government and/or Central Government from time to time. This would be entirely a matter between the contractor and State Government/or Central Government. Railway will recover the taxes and royalties through running account bills, if the contractor fails to produce document for proof of payment of taxes and royalties to the Government in the standard format as in practice by the State Government/ Central Government.

29.2 The Railway shall not pay any taxes including Service Tax in addition to the Price Quoted. The tenderers should quote their rates inclusive of all taxes and duties including Service Tax components. The tenderer has to submit a copy of Registration Certificate/Registration number of Service Tax from the concerned authority at the time of tendering for works.

29.3 The accepted rates should be deemed to include all taxes direct or indirect viz. Service Tax, Income Tax, Surcharge, Education cess & cess under Building and other construction welfare cess Act-1996 leviable under Central/State or Local Bodies Act or Rules.

30. APPROVAL OF SAMPLES OF MATERIALS

All materials to be used in the work by the contractor shall be subject to the prior approval of the Engineer-in-charge of the work. Before using in the works, the contractor(s) shall submit samples of materials and arrange for the supplies, for the work only, if the same are approved.

31 I.S CODES/I.R MANUAL/I.R.S’s SPECIFICATIONS.

31.1 (i) whenever any reference to Code, Specification, Act, etc. is made in the documents, it shall be taken as a reference to the latest version thereof, including all amendments and corrections thereto or otherwise specified.

31.2 (ii) The Contractor shall not be entitled to any extra payment on any account for compliance with the various provision of Manuals/Codes/ I.S. Specifications and Additional Special Conditions. The rate indicated in the Schedule shall be deemed to include all works required to be done in compliance with the specifications.

32. PRECAUTION TO BE TAKEN WHILE PLYING OF VEHICLES ADJACENT TO RUNNING LINES

32.1 Vulnerable location where welding work adjacent to running lines can cost accident should be protected by suitable strong barrier and these location should be decided by executive in charge of the work.

32.2 No work adjacent to running track should be carried out at night without express written authority from the Engineer In charge of the work. In fact, no contractor should do any kind of night working unless the Engineer In charge of the work gives the specified spots according to priority of work where night working has to be done. These spots should be well lit at night. In addition, the work should always; be done under supervision of Railway supervisors in addition to Contractor‟s supervisors. Suitable Railway personnel should be posted at site with safety equipment‟s like banner flags, hand signal flags, hand signal lamps and detonators to arrange protection of trains. The Railway supervisors in charge of such work should also give suitable message to adjacent stations as well as through control for issuing caution orders to the trains



approaching the work site. For this purpose, he should be equipped with field telephone/walkie talkie set.

32.3 The Contractor shall not allow any road vehicle belonging to him or his suppliers etc., to ply in railway land next to the running line. If for execution of work, road vehicles are necessary next to the railway line, the Contractor shall apply to the Engineer-in –Charge for permission giving the type & No. of individual vehicles, names and License particulars of the drivers, location, duration & timings for such work/movement. The Engineer in Charge or his authorized representative will personally counsel, examine & certify, the road vehicle drivers, Contractor‟s flagmen & supervisor and will give written permission giving names of road vehicle drivers, Contractor‟s flagmen and supervisor to be deployed on the work, location, period and timing of the work. This permission will be subject to the following obligatory conditions.

(i) The road vehicles will ply only between sunrise & sunset.

(ii) Nominated vehicles & drivers will be utilized for work in the presence of at least one flagman & one supervisor certified for such work.

(iii) The vehicles shall not ply within 6m from centre line of track. Any movement/work at less than 6m and up to minimum 3.5m from centre line of track shall be done only in the presence of railway employee authorized by the Engineer-in-Charge. No part of the road vehicle will be allowed within 3.5m from track centre. Sturdy barricading shall be provided by the contractor wherever work is executed at close proximity to running track.

(iv) The Contractor shall remain fully responsible for ensuring safety & in case of any accident, shall bear cost of all damages to this equipment and new and also damages to railway & its passengers.

(v) The Contractor shall also be bound by the provisions of this agreement to ply the road Vehicle only with adequate margin of safety, well clear of the fixed structure profile of infringement, as stipulated in the rules made under the Indian Railway‟s Act and to seek and be guided by the Signals and other directions of any look-out men or other personnel retained for the purpose of ensuring safety, and to ensure extra care and vigilance while turning, reversing or moving the road Vehicles in any other manner at an inclination to the running Railway Track or the siding as the case may be. The Contractor shall employ necessary look-out; men also at his own cost, irrespective of any other arrangement that Railway may make in this regard.

(vi) Any breach of these conditions by the Contractor and/or his agents affecting the safety of movement of Trains, Engines, or other rolling stock of the Railway shall constitute a breach of Contract by the Contractor entailing liability with termination of contract for default on the part of the Contractor.

33 ARBITRATION 32.2 Any dispute, controversy or claim arising out of or relating to this agreement shall be settled in

the first instance between the parties within the purview of the agreement. If any settlement cannot be reached as above, it will be settled by arbitration in accordance with clause 64 of the GCC and the Indian Arbitration and Conciliation Act 1996 and its amendments thereof.

32.2 The event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any matter in question, dispute or difference on any account or as to the withholding by the Railway of any certificate to which the contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days, then and in any such case, but except in any of the “excepted matters” referred to in Clause 63 of GCC 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.

33.3 In the event of any question, dispute or difference arising under these conditions or any special conditions of contract or in connection with this contract (except as to any matters the decision of which is specially provided for by these or the special conditions) the same shall be referred to the arbitration of gazetted Railway officer(s) appointed to be the arbitrator(s) by the General Manager. The Gazetted Railway officer(s) to be appointed as arbitrator however will not be one of those who had an opportunity to deal with the matters to which the contract relates and who in the course of their duties as railway servant have expressed view on all or any of the matter under dispute or difference. The award of the arbitrator(s) shall be final and binding on the parties to this contract.

33.4 In the event of the arbitrator(s) dying, neglecting or refusing to act or resigning or being unable to act for any reason or his award being set aside by the court for any reason, it shall be lawful for the authority appointing the arbitrator to appoint another arbitrator(s) in place of the out going arbitrator(s) in the manner aforesaid.

33.5 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.



33.6 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.

33.7 Jurisdiction of the courts:

The Courts of the place from where the tender documents and acceptance of tender has been issued shall alone have jurisdiction to decide any disputes arising out of or in respect.

34 Deduction of Income Tax at Source:

a) In terms of new section 194-C inserted by the Finance Act 1977, in the income tax Act 1987, the Railway shall at the time of arranging payments to the tenderer and/or sub-tenderer (in the case of sub-tenderer only when the Railway is responsible for payments of consideration to him under the contract) for carrying out any work (including supply of labour for carrying out any work) under the contract be entitled to deduct income tax at source on income comprised in the sum of such payments.

b) The deduction towards income tax to be made at source from the payments due to nonresidents shall continue to be governed by section 195 of the Income Tax Act. 1961.

35. Conditional Offer:

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



ANNEXURE-IVA

PRICE VARIATION CLAUSE (SPECIAL CONDITIONS)

1. The rates quoted by Tenderer and accepted by Railway Administration shall hold good till the completion of the work and no additional individual claim will be admissible on account of fluctuation in market rates, increases in taxes/any other levies/tools etc., except that payment/recovery for overall market situation shall be made as per Price Variation Clause. No cognizance will be given for any sort of fluctuations in taxes and other market conditions etc. for any individual item for the purpose of making adjustments in payments. The Contract shall, however, be governed by the General Price Variation Clause as under:

Price Variation Clause (PVC) is applicable in this tender. (i) Material supplied free by Railway to the Contractor will fall outside the purview of the

Price Variation Clause. (ii) Price variation implies both increase as well as decrease in input prices and therefore,

price variation during the currency of the contract may result in extra payment or recovery as the case may be.

(iii) Price variation is payable/recoverable during the extended period of the contract also provided the Price Variation clause is part of the original contract and the extension has been granted on administrative ground i.e. under clause 17-A (i), (ii) and (iii) of GCC.

2. CATEGORIES OF WORKS AND COMPONENTS:

Adjustment for variation in prices of material, labour & fuel shall be determined in the manner prescribed below:- The percentage component of various items in a contract on which variation in prices admissible shall be as follows:- A Mobile Flash Butt welding work

Labour Component Material Component Fuel Component Fixed Component

30% 40% 15% **15%

** Will not be considered for any Price Variation.

3. PVC FORMULAE:

The amount of variation in prices in the several components (Labour, Materials etc.) shall be worked out by the following formulae.

(I) Formulae applicable for Category A having no provision of steel & cement:- i) L = R X (I - Io) X P_ Labour Component Io 100 ii) M = R X (W - Wo) X Q Material Component Wo 100 iii) U = R X (F - Fo) X Z Fuel Component Fo 100 L = Amount of Price Variation in Labour. M = Amount of Price Variation in Materials U = Amount of Price Variation in Fuel R =Gross value of work done by the Contractor as per on account bills excluding cost of materials

supplied by Railway at fixed price. This will also exclude payment made to the Consultants by the Contractors, (such payment will be indicated in the Contractor‟s offer)

Io =Consumer Price Index Number for Industrial Workers - All India - Published in RBI Bulletin for the base period.

I =Consumer Price Index Number for Industrial Workers –All India - Published in RBI Bulletin based on the average Price Index of the three months of the quarter.

Wo =Index Number of wholesale Prices - By Groups and Sub-groups - All commodities - as published in the RBI Bulletin for the base period.

W =Index Number of whole sale prices - By groups and Sub-groups of all commodities as published in the RBI Bulletin based on the average of the 3 months of the quarter under consideration.



Fo =Index Number of wholesale Prices - By Groups and Sub-groups - for fuel & power as published in the RBI Bulletin for the base period.

F =Index Number of whole sale prices - By groups and Sub-groups for fuel & power as published in the RBI Bulletin based on the average Price Index of the 3 months of the quarter under consideration.

P = % of Labour Component Q = % of Material Component Z = % of Fuel Component Notes for (I):- 1. The Index Number for the base period will be the Index Number as obtained for the month of

opening of the Tender and the quarters will commence from the month following the month of opening of Tender.

2. Where rates are fixed through negotiations, the base month for Price Variation Clause shall be the month in which negotiations are held.

3. Counter offer shall be treated at par with negotiations & the base month for Price Variation Clause shall be the month in which the counter offer is issued.

4. The adjustment for variation in Prices if required shall be based on the average Price Index of the 3 months of the quarter for formula I and 1st month of the quarter under consideration in the on account payments. If more than one on account payment is made to the Contractor in a quarter, the adjustment, if required, shall be made in each bill.

4.0 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 or 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 conditions of contract, price adjustment shall be done as follows:-

1. 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 amount payable as per the Indices applicable to the last month of the original completion period or the extended period under clause 17-A of the General Conditions of Contract, as the case may be.

2. 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.



ANNEXTURE-V

SPECIAL CONDITION OF THE CONTRACT (SPECIAL CONDITIONS) 1. 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. 1.1 The Railway shall arrange to duly compensate the contractor, whose vehicle/equipment/operator are so drafted by operation of suitable Non-Schedule (NS) item(s) as per Railway‟s existing norms. 2. SERVICE ROAD APPROACHES The rates for all items of the schedule shall be inclusive of the cost of all arrangements for crossing an obstruction to be crossed in the course of the work over land or across water and the cost of providing and maintenance of approach/and/or service roads that may be necessary for bringing and removing the plants, machinery and material to and from the site of work including rent for use and/or compensation for damage if any to intervening private land traversed by such approach/service roads and including cost of acquisition of land, if required for the purpose. The contractor will be permitted to make use of available service roads of the railways free of cost. Railway reserves the right to make use of the contractor‟s service road without paying any charges to him. 3.For installation MFBWP, temporary testing lab, gantry erection, if required and for any other use related to this contract the Railway will provide land free of cost(no land lease or license), if available and the land will be handed over back by the contractor to the Railway free from all arrangement made at site.

4. The Contractor shall employ the following technical staff during the execution of this work:-

One graduate engineer and a qualified diploma holder (overseer) to supervise the above work apart from two welders having competency certificate. Technical staff should be available at site wherever required by the Engineer-in-Charge to take instruction. In case the contractor fails to employ the technical staff as aforesaid, he shall be liable to pay an amount not exceeding a sum of Rs.15000/- (Rupees fifteen thousands only) for each month default in case of graduate engineer and Rs.10000/- (Rupees ten thousands only) for each month default in case of diploma holder. The decision of the Engineer-in-Charge as to the period for which required technical staff was not employed by the contractor and as to the reasonableness of the amount to be deducted on this account shall be final and binding on the contractor. 5. NOTICE TO PUBLIC BODIES The contractor shall give the Municipality, Police and other authorities all notices that may be required by the law and obtain all requisite licenses for temporary obstruction. Enclosures and pay all fees, taxes and charges which may be leviable on account of his own operation in executing the contract. He should make good any damage to adjoining premises whether public or private and provide and maintain any light etc. required in night. 6. ROYALTIES AND PATENT RIGHTS The contractor shall defray the cost of all royalties, fees and other payments in respect of Patents. Patent rights and licenses which may be payable to patented license or other person or corporation and shall obtain all necessary licenses. In case of any breach (whether willfully or inadvertently) by the contractor of this provision, the contractor shall indemnify the Railway against any loss and liability which they or any of them may sustain incur or be put to by reason or in consequence of directly or indirectly, any such breach and against payment or any royalties damages or other monies which the Railway may have to make to any person or paid in total to the patent rights in respect of the users of any machine, instructions, process, articles, matters or thing constructed, manufactured, supplied or delivered by the contractor to his order under this contract. 7. PERMIT The contractor will at his own expenses obtain such permits from whomsoever necessary for carrying out work or for any other purpose as may be necessary to enable him to perform his part of the contract. The President/Railway Administration will not under any circumstances be liable to obtain any permit whatsoever for the contractor.



8. CARE OF STAFF No quarters will be provided by the railway for accommodation of the contractor or any of his staff employed on the work. The contractor may be allowed to erect any labour camps for housing the labour at or near the site of work on available railway land. The contractor shall at his own cost make all necessary and adequate arrangements for the importation, feeding and preservation of the hygiene of his staff. The contractor shall permit inspection at all times, of all sanitary arrangements made by him by the engineer or his assistant or the Medical staff of the Railway. If the contractor fails to make adequate medical and sanitary arrangements these will be provided by the railway and the cost thereof, will be recovered from the contractor. Contractor has to provide toilet facility in the premises for the labour /worker working in the plant. Upkeep and cleanliness of the mobile flash butt welding plants premises will be responsibility of the contractor. 9. TRESPASS The contractor shall at all times be responsible for any damages or trespass committed by his agents and the workmen in carrying out the work unless such trespass is authorized by the Engineer. 10. Description and rates given in the schedule are based on the South Western Railway Schedule of Rates (Latest) any discrepancies noticed at any time during the execution currency of the work in wording, rates etc. should be rectified by reference to the printed schedule which shall be treated as authoritative and binding on the contractor. 11. The following additional clause No.55-A to the General conditions of contract will be applicable:- "55-A(1) The contractor shall comply with the provisions of the contract labour (Regulation and Abolition) Act 1970 and the contract Labour (Regulation and Abolition) Central Rules 1971 as modified from time to time wherever applicable and shall also indemnify the Railway from and against any claim under the aforesaid Act and the Rules. (2) The contractor shall obtain valid license under the aforesaid Act as modified from time to time before the commencement of the work and continue to have a valid license until the completion of the work. Any failure to fulfill this requirement shall attract the panel provisions of the contract arising out of the resultant non-execution of the work. (3) The contractor shall pay to labour employed by him directly or through sub-contractors the wages as per provisions of the aforesaid Act and the Rules wherever applicable. The contractors shall not withstanding the provisions of the contract to the contrary, cause to be paid the wages to labour indirectly engaged on the work including any engaged by his sub-contractor in connection with the said work, as if the labour had been immediately employed by him. (4) In respect of all labour directly or indirectly employed in the work for performance of the contractor's part of the contract, the contractor shall comply with or cause to be complied with the provisions of the aforesaid Act and the Rules wherever applicable. (5) In every case in which by virtue of the provisions of the aforesaid Act or the Rules, the Railway is obliged to pay any amount of wages to a workman employed by the contractor or his sub-contractor in execution of the work or to incur any expenditure in providing welfare and health amenities required to be provided under the aforesaid Act and Rules or to incur any expenditure on account of the contingency liability of the Railway due to the contractor's failure to fulfill his statutory obligations under the aforesaid Act or the Rules, the Railway will recover from the contractor the amount of wages so paid or the amount of expenditure so incurred and without prejudice to the rights of the Railway under section 20 sub-section (2) and section 21 sub-section (4) of aforesaid Act, the Railway shall be at liberty to recover such amount or part thereof by deducting if from the security deposit and/or from any sum due by the Railway to the contractor whether under the contract or otherwise. The Railway shall not be bound to contest any claim made against it under sub-section (1) of section 22 and sub-section (4) of section 21 of the aforesaid Act except on the written request of the contractor and upon his giving to the Railway full security for all cost for which the railway might become liable in contesting such claim. The decision of the Railway regarding the amount actually recoverable from the contractor as stated above shall be final and binding on the contractor". 12. STORAGE OF INFLAMMABLE ARTICLES No inflammable materials, such as petroleum oil etc. within the meaning of the Indian Petroleum Act and Indian Explosives Act shall be stored at site or adjacent land until the approval of the Railway and necessary license under the Act has been obtained by the Contractor. All due precautions as required under the Act shall be taken by the contractor. 13. SAFE WORKING METHODS



The contractors shall at all times, adopt such safe methods of working as will ensure safety of structures equipment and labour. Safety rules that should be adhered to are given as guidelines in Annexure VII. If at any time, the Railway finds the safety arrangements inadequate or unsafe, the contractor shall take immediate corrective action as directed by the Rly's representative at site. Any directions in the matter shall in no way absolve the contractor of his sole responsibility to adopt safe working methods. The contractor is responsible for providing skilled personnel and adequate expert supervision so as to ensure complete safety 14. The contractor/agency has to ensure the following; i) Proper support equipments along with the welding machines for good quality welds.

ii) Creation of adequate stock of vital spare parts including consumables for normal Maintenance of the machine in India, so as to keep machine in working condition for at least 25 days in a month.

iii) Certification of all the mobile flash butt welding machines by RDSO iv) Imparting training to operators of the machines and issuing competency certificate by the

machine manufacturer. v) In case of break down of mobile/stationery flash butt welding plant, checking from RDSO is not required. The welding can be done with approved parameters and it is to be seen by the user, whether desired result is being achieved or not. If not, RDSO may be made involved for re-standardization and charges have to be borne by the firm.

15. Arrangements for MFBFW Plant: The contractor/ tenderer must demonstrate that they possess the key equipment listed herein after

Sl.No Equipment Number 1 Self propelled Mobile flash butt

welding plant Minimum one machine should be available with the Contractor.

Note:

1) The minimum number of equipments specified above may also be owned by the tenderer or on lease or on hire agreement which should include a provision to the effect that the equipment will remain at site or be vested with the employer for the period of contract.

2) Tenderer should furnish proof of availability of such equipment at the time of submission of tender offer.

3) The tenderer shall provide further details of proposed items of equipment. 16. Period of completion -The Railway expects that a resourceful and experienced contractor should be able to complete the work in all respects within 24 (Twenty Four) months after contract is awarded.



ANNEXURE-VI

HANDLING INSTRUCTIONS FOR 90 UTS AND HEAD HARDENED RAILS

(SPECIAL CONDITIONS) 1. Protection of straightness: Barely visible straightness deviations for example, a deflection of

0.75mm over 1.5 meters span, renders a rail un-acceptable and required careful handling and stacking. Therefore, avoid Heavy static loading. Sudden impact or dynamic loading. Localized point or line contact loading in stacking. Excessive end drop and flange overlaps while lifting/moving. Criss-cross stacking of rails of alternative layers at right angles as far as possible. DO keep rails horizontal and straight while lifting/moving. Stack rails of same length on firm level base of well drained platform, preferably of concrete, as per Drg.No.RDSO/T-6219 (enclosed.). Stack subsequent layers on uniformly placed spacers in vertical alignment with base supports. Keep rail ends in vertical alignment. Place rails of shorter length in upper layers.

2. Protection of rails surface: Surface notches of even less than 0.75mm in depth are liable to cause

rail fracture in service. Therefore, avoid Impact abrasion of rails against separators in wagons. Round link chain slings for securing the rails. DO Use conventional slings for lifting rails made of flat link chains protected with fabric sleeves. Lifting of rails preferably with magnet lifting device.

3. Prevention of metallurgical damage: Those rails are thermally very sensitive and are likely to

develop metallurgical structures which may lead to sudden failure: Therefore, avoid Heating, flame cutting, on or adjacent to rails. Contact with electric arcs and molded metal splashed i.e. from loose cables or adjacent welding operation. Flame cutting when found essential after pre-heating minimum of 10 cm of rail length on either side of the cut to about 250-350 degree C. by uniform movement heating torch.

[ 4. Protection from contract with injurious substances: These rails can withstand normal degree or

rusting but localized corrosion pitting may cause subsequent rail fractures. Therefore, AVOID Contact with injurious substances which produce high corrosion of steel, i.e. acids, alkalis, salts, etc. DO stack rails on well drained platform preferably of concrete as per drawing No.RDSO/T-6219.

5. Slinging principles: The single point slinging increases risk of excessive bending and surface damage

to the rails. The overhang beyond the outer lifting point should not be greater than one-half the distance between lifting points. Therefore, AVOID Single point slinging. DO Use two-point slinging for rail length up to 13m. Recommended locations of lifting points for various rail lengths are tabulated below:

Rail length (Meters)

No. of lifting points.

Distance between lifting points

(Meters)

Max. Rail and overhang (Meters)

12-13 2 6-6.5 3-3.25 26 4 6.5 3.25 35 6 6.5 3.25 130 20 6.5 3.25 260 40 6.5 3.25

Use of lifting beams fitted with slings is desirable.

6. Safety of Personnel. AVOID Standing under suspended loads. DO Use protective gloves and clothing

to minimize the risk of skin abrasion. Wear distinctive coloured helmet and clothing for easy identification by crane and machinery drivers to avoid accidents. The guide lines for handling of rails (Nov‟06) issued by RDSO/LKO shall be followed.



ANNEXURE-VII ADDITIONAL SPECIAL CONDITIONS OF CONTRACT (SAFETY RULES)

(SPECIAL CONDITIONS)

1.1Demolition: Before any demolition work is commenced and also during the process of work

A) All roads and open area adjacent to the work site shall either be closed or suitably protected. B) NO ELECTRIC CABLE OR APPARATUS WHICH IS LIABLE TO BE A SOURCE OF DANGER OVER A CABLE OR APPARATUS

USED BY THE OPERATOR SHALL REMAIN ELECTRICALLY CHARGED. C) All practical steps shall be taken to prevent danger to persons employed from risk of fire or explosives or flooding. No floor, roof or other part of the building shall be so over loaded with debris or materials as to render it unsafe.

1.2 All necessary personal safety equipment as considered adequate by the Engineer-in-charge should be kept available for the use of the persons employed in the site and maintained in a condition suitable for immediate use and the contractor should take adequate steps to ensure proper use of equipment by these concerned.

a) Workers employed on mixing asphaltic materials cement and mortar shall be provided with protective goggles.

b) Those engaged in white washing and mixing or stacking of cement bags or any materials which are injurious to the eye shall be provided with protective goggles.

c) Those engaged in welding works shall be provided with welder‟s protective eye sight lids. d) Stone breakers shall be provided with protective goggles and protective clothing and seated at

sufficiently safe intervals.

1.3 When the work is done near any place where there is risk of drowning, all necessary equipment should be provided and kept ready for use and all necessary steps taken for prompt rescue of any persons in danger and adequate provision should be made for prompt first all aid treatment of all injuries like to be sustained during the course of the work.

1.4 Use of hoisting machines and tackles including their attachment anchorage and supports shall conform to the following standards of condition.

a) (I) These shall be of good mechanical construction, sound materials and adequate strength and free from defects and shall be kept in good repair and in good working order.

(II) Every rope used in hoisting or lowering materials or as a means of suspension shall be of durable quality and adequate strength and free from defects.

b) Every crane driver or hoisting appliances operator shall be properly qualified and no person under the age of 21 years should be in-charge of any hoisting machine including any scaffolding.

c) In case of every hoisting machine and every cable ring, hook, shackle, swivel and pulley block used in hoisting or as means of suspension safe working load shall be ascertained by adequate means. Every hoisting machine and all gear referred to above shall be plainly marked with the safe working load. In case of hoisting machine having a variable safe working load of the conditions under which it is applicable shall be clearly indicated. No part of any machinery or any gear referred to above in this paragraph shall be loaded beyond the safe working load except for the purpose of testing.

d) In case of departmental machine, the safe working load shall be notified by the Technological Engineer-in-Charge. As regards Contractor‟s machines, the contractors shall notify the safe working load of machine to the Engineer-in-charge whenever he brings any machinery to site of work, get it verified by the Engineer concerned.

1.5 Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting appliances should be provided with efficient safe guards. Hoisting appliances should be provided with such means as will reduce to the minimum the risk of accidental decent of the load; adequate precautions should be taken to reduce the minimum the risk of any part of a suspended load becoming accidentally displaced. When workers are employed on Electrical installations which are already energized, insulating mats wearing apparel, such as gloves, sleeves and both as may be necessary should be provided. The workers should not wear any rings, watches and carry keys or other materials, which are good conductors of electricity.

1.6 All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in safe condition and no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate warning facilities should be provided at or near places of work.

1.7 These safety provisions should be brought to the notice of all concerned by display on a notice board, at a prominent place at the work spot. The persons responsible for compliance of the safety code shall be named therein by the Contractor.



1.8 To ensure effective endorsement of the rules and regulations relating to safety precautions, the arrangements made by the contractor shall be open to inspection by the Labour Officer, Engineer-in-charge of the Department or their representative.

1.9 Not withstanding the above clause from 1.1 to 1.12, there is nothing in these to exempt the contractor from the operations of any other act or rule in force in the Republic of India.

1.10 PRECAUTION TO BE TAKEN WHILE PLYING OF VEHICLES ADJACENT TO RUNNING LINES TO PREVENT ACCIDENT TO TRAINS

1.10.1 WHENEVER A LORRY OR ANY OTHER FORM OF ROAD TRANSPORT IS REQUIRED TO PLY ALONG OR IN THE VICINITY

OF A RUNNING LINE OR ANY OTHER RAILWAY TRACK WHERE RAILWAY ENGINES OR TRAINS ARE LIABLE TO

MOVE, THE CONTRACTOR SHALL INFORM THE ENGINEER IN WRITING, OF SUCH REQUIREMENT SPECIFY IN THE

LOCATIONS AND DURATION OF TIME OVER WHICH SUCH SPECIFIED ROAD VEHICLES HAVE TO OPERATE IN THE

AREA (FOR LOADING, LEADING OR UNLOADING OF EARTH, BALLAST OR ANY OTHER MATERIALS, OR PLANTS OR

EQUIPMENT) WITHOUT ANY OBSTRUCTION OR DISLOCATION TO THE RUNNING TRAINS.

1.10.2 The Contractor shall execute a Bond undertaking to ply the Road Vehicles in a safe and satisfactory manner and strictly in accordance with the stipulation and other conditions specified by the Engineer and to engage and retain only the permit Holder to be the Contractor‟s Agent In-Charge of the Vehicle and the attendance shall at all time, be vigilant and on the look out for signals from the Look Out Man, Flag Man or other personnel available at Site with a view to stop or late the road movement so as to ensure adequate margin of safety for the timely passage of an approaching Train or a Railway Engine, without any delay or detention.

1.10.3 The Contractor shall also be bound by the provisions of this Agreement to ply the Road Vehicles only with adequate margin of safety, well clear of the fixed structure profile of infringement, as stipulated in the rules laid under the Indian Railway‟s Act and to seek and be guided by the signals and other directions of any Look Out Man or other personnel retained for the purpose of ensuring safety, and to ensure extra care and vigilance while turning, reversing or moving the Road Vehicles in any other manner at an inclination to the running Railway track or the siding as the case may be. The Contractor shall employ necessary Look out Man also at his own cost, irrespective of any other arrangements that Railway may make in this regard.

1.10.4 The Contractor also undertakes to make good at his cost, any inconvenience, loss, damage or other expenses, because incurred by the Railway Administration and to pay such amount as are determined by the Engineer to be recoverable from Contractor as penalty or damages from any omission, negligence, carelessness, over sight or accident on the part of any Contractor‟s Agent, Drivers or Attendant or any other person to whom the services of the Holder of the permit (issued by the Engineer) has been lent or otherwise made accessible available.

1.10.5 Any breach of these conditions by the Contractor and his Agents affecting the safety of movement of Trains, Engines, or other rolling stock of the Railway, shall constitute a breach of contract by the Contractor entitling liability termination of contract for the fault on the part of the contractor



ANNEXURE–VIII

SPECIAL CONDITIONS OF CONTRACT

FOR WELDING OF RAILS

1 NAME OF WORK

Flash Butt Welding of 52kg (90/72 UTS) class-II or class-I rails/rail panels including USFD testing of welded joints conforming to IR Manual for Flash Butt Welding using Contractor‟s self propelled Rail-cum-road Mobile FBW Plants in Mysore Division (Chainage from Km 296.00 to 400.400- between SLU-KJG Stations of TK-UBL section) in the jurisdiction of South Western Railway.

1.1 SCHEDULE

Schedule consists of Flash Butt Welding on cess/yards/track by using Contractor's Mobile Flash Butt Welding Plant. The Tenderer should quote rates in figures and words (both) for the item of schedule in the rate/offer and no where else.

2 DEFINITIONS incidental to this WORK:

2.1 The term "work" means all the work specified or set forth and required in and by the said specifications, drawings and "Schedule of Quantities", here to annexed or to be implied there from or incidental there to or to be hereafter specified or required in such explanatory instructions and drawings being in conformity as aforesaid, shall from time to time, during the progress of the work hereby contracted for as are supplied by the purchaser.

2.2 The term "test" shall mean all such tests as prescribed by the specification(s) to be made by the Railway Administration, or his nominee, during inspection. "RAILWAY" Shall mean the president of the Republic of India or the Administrative Officers of the South Western Railway, or of the successor Railway, authorized to invite tenders and enter into contracts for works on his behalf.

2.3 "PRINCIPAL CHIEF ENGINEER" shall mean the officer in administrative charge of Open Line Organization of South Western Railway and also shall mean and include the Principal Chief Engineer of the successor Railway.

2.4 "CHIEF TRACK ENGINEER" shall mean the Officer-in-charge of the Track of Open Line of Engineering Department, South Western Railway and also shall mean and include the Chief Track Engineer of the successor Railway.

2.5 "DEPUTY CHIEF ENGINEER/TRACK" shall mean the Deputy Chief Engineer/Track of the South Western Railway or successor Railway.

2.6 "DIVISIONAL RAILWAY MANAGER" shall mean the Administrative Officer-in-charge of a division of South Western Railway.

2.7 "SENIOR DIVISIONAL/ DIVISIONAL ENGINEER" shall mean the officer-in-charge of a division or district of South Western Railway.

2.8 "ENGINEER/ENGINEER-IN-CHARGE" shall mean the Sr. DEN/Co of all the Divisions and also the DEN/Sr.DEN of the Division of the section of South Western Railway where work will be executed and also the Dy. CE/Track/UBL of South Western Railway.

2.9 “ENGINEER‟S REPRESENTATIVE” shall mean the ADEN, in charge JE/ SE / P. Way of the section where work will be executed.

2.10 "TENDERER" shall mean the person, the firm or company who tenders for the work with a view to execute the work contract with the Railway and shall include their personal representatives, successors and permitted assigns.

2.11 "WORKS" shall mean the works contemplated in the drawings and schedules set forth in the tender forms and description of contract and required to be executed according to specifications.

2.12 "SPECIFICATIONS" shall mean the specifications for materials and works, South Western Railway issued under the authority of the Principal Chief Engineer or as amplified, added to or superseded by special specifications, if any, appended to the tender forms.



2.13 "SCHEDULE OF RATES, SOUTH WESTERN RAILWAY" shall mean the schedule of rates issued under authority of the Principal Chief Engineer from time to time.

2.14 "DRAWINGS" shall mean the drawings, plans and tracings or prints thereof annexed to the tender forms.

3 SCOPE OF WORK:

3.1 The work involves carrying out Flash Butt welding of rail joints of approximate qty. of 17,226 welds including USFD testing of welds executed at site using contractor‟s own labour, own road-cum-rail mobile Flash Butt Welding plant, USFD machine, own infrastructure and all other tools & plants in-situ on non running lines / running lines or cess / ballasted bed in existing lines etc at various locations on of South Western Railway decided by Railway. Flash Butt Welding of rail joints shall conform to I.R. Manual for Flash Butt Welding and USFD testing of welded joints shall conform to I.R. Manual Ultrasonic Testing of Rails and welds. The duration for completion of the tendered work is 24 (twenty four) months from the date of issue of acceptance letter.

3.2 The contractor has to make his own arrangement for positioning/movement of rail or rail panels, pull and align the rail and make it for creating gaps, end cleaning of Rails, welding and stripping of rail joints, grinding and final finishing of welded Joints complete. The contractor will arrange adequate labour, competent supervision, grinding, welding, stripping, pre and post straightening machines as required for the job. All the machines, plant and equipment will be arranged and provided by the contractor at his own cost.

3.3 Rails to be welded will be of following types: 52 kg. (90 UTS), 52 kg. (72 UTS), Unless otherwise superseded by the stipulation of this contract, the welding process and methodology will be governed by the “Manual for Flash Butt Welding of Rails (Revised Jan 2012)” with up to date correction slips issued by Research Design and Standard Organization (RDSO), Ministry of Railways, Lucknow. The scope of work involves welding of rails at various locations on divisions of South Western Railway.

3.3.1 [A] The MFBWP shall be capable of welding rails under following Situations i] New Track Construction Site. ii] On running track in mid-section during traffic block. iii] On roller line in depot as stationary unit or in travel and stop mode. iv] Outside the track. a] At sleeper end. b] Shoulder of track c] Cess welding. d] End cropping and welding. [B] An open site shall be provided to weld convenient length of track for track construction work either in mobile or in stationary mode. [C] The welding operator shall be able to position the boom and move the vehicle from joint to joint.

3.4 Rails of either type, as mentioned in Para 3.3 above will be supplied by Railway at locations along the section at cess or in yards. It shall be the responsibility of the contractor to pull and align the rails as required and directed by the Engineer with the rails in “head on” position without contact with the soil. The contractor shall arrange all the necessary equipment plant and labour to handle, move and distribute the rails for welding. The contractor shall exercise special care in handling of rails so as not bend or damage them and shall follow the stipulations of “Handling instructions for 90 UTS rails: as detailed in Manuals. In addition, the contractor shall maintain on site equipment and labour to straight and re-align rails to straightness tolerances specified, rails that may have been bent or damaged during the rails handling process or otherwise.

3.4.1 PLACEMENT OF RAILS. The contractor shall ensure that the handling rails or welded rail panels shall be such that the sleepers suffer no damage. Rails of welded rail panels shall not be dropped into place. If rails are being welded away from the exact locations of their use, the welded rail panels will be stacked on leveled and well drained platform suitably supported in head on position, near to the site of the use. The welded rail panels should not have contact with soil.

3.5 These instructions are laid down for execution of flash butt welding work at site/depot by a robust and sturdy Mobile self-propelled Flash Butt Welding Plant (herein after called the MFBWP), which should be suitable for aligning and welding of rails and shearing upset welding metal to produce long welded rails and capable of substantially high out put under different situations, as laid down in the specifications.

4 PERFORMANCE OF WORK

4.1 The work shall be performed at place or places specified in the tender or at such other place



or places as may be approved by the Railway Administration. 4.2 The capability of welding plant & its accessories installed by the contractor will be judged by

testing initial 100 nos. of weld joints for conducting following tests to confirm whether the welded joints produced are satisfying the requirement as per the IR Manual for Flash Butt Welding of Rails (Revised Jan 2012) with up to date correction slips issued by RDSO/Lucknow. Welding parameters for welding shall be approved by RDSO/LKO.

4.3 Visual Inspection & Dimensional check:- Every weld joint will be checked for Visual Inspection & Dimensional check and weld joints not passing under this check will be rejected. The rejection of more than 1% will be considered as unsatisfactory.

4.4 Ultrasonic Test: Each & every weld joint will be tested for Ultrasonic Test and weld joints not passing under this test will be rejected. The rejection more than 0.1% will be considered unsatisfactory.

4.5 Transverse Test: The weld joint @ one per 25 weld joints will be tested for Transverse Test and weld joints not passing under this check will be rejected. No rejection is permitted in this test

4.6 Hardness Test: The weld joint @ one per 25 weld joints will be tested for Hardness Test and weld joints not passed under this check will be rejected. No rejection is permitted in this test.

4.7 Macro Examination: The weld joint @ one per 25 weld joints will be tested for Macro Examination and weld joints not passed under this check will be rejected. No rejection is permitted in this test

4.8 In case, the initial 100 weld joints produced by contractors welding machine fails to pass the above tests, another opportunity will be given to the contractor for testing of another 100 weld joints for above tests. If these weld joints pass the above tests satisfactorily, the contractor will be allowed to continue the work further and if these weld joints do not pass the above tests, the contract will be terminated on contractor‟s account and no payment will be given for the weld joints done for testing.

4.9 The Visual Inspection and Dimensional Check, Ultrasonic Test, etc. will be done by Railway in presence of the contractor‟s authorized representative. Contractor shall provide all assistance for these checks. The USFD machine, operating staff and all other infrastructure shall be arranged by the contractor at site to enable testing.

4.10 The Transverse Test, Hardness Test & Macro Examination will be done at any of the following test centers or other places as approved by Engineer-in-charge:- (I) RDSO/Lucknow, (ii) EWS/ARAKKONAM, (iii) CMT/PER, CMT/UBL The testing charges including transportation charges for carrying the test pieces to and fro to testing center will be borne by the contractor.

4.11 Once welded joints produced by the contractor‟s welding machine and its accessories are found to satisfy the requirement as per the “Manual for Flash Butt Welding of rails-Revised Jan 2012 with up to date correction slips issued by RDSO/Lucknow, after initial testing of 100 joints, and certified by the Engineer-in-charge, further testing will be done as per the schedule prescribed in the “Manual for Flash Butt Welding of rails-Revised Jan 2012 with up to date correction slips issued by RDSO/Lucknow.

4.12 The joints, which are not within specified tolerance, will be rejected and entry will be made accordingly in the joints checking register. The contractor may be allowed to rectify the weld joints so rejected with the use of Jim-crow or profile grinding machine within 10 days from the date of production of defective joints. The Jim-crow or profile-grinding machine will be arranged by the contractor at his own cost and operated by his own labour and supervisor. The rectification of rejected weld joints by Jim-crow/profile grinding machine will be permitted selectively depending upon the condition of the weld, nature and extent of the defect in the weld. The rectification work shall be done strictly as per the guideline and instruction of the railway's authorized representative. The decision of engineer-in-charge shall be final and binding in this regard.

4.13 The transverse load testing will be conducted by Railway as per the “Manual for Flash Butt Welding of rails-Revised Jan 2012 “with up-to-date correction slips issued by RDSO/LKO. For test pieces, contractor has to make arrangement either to weld the test pieces or cut it from welded panels at his own cost as per instruction of Engineer at site. For the purpose, contractor will have to make arrangement for cutting of test rails without any extra charges.



4.14 No payment will be made to the contractor for the welded joint, which is rejected after the above tests. All the rejected joints will have to be rectified by contractor by making 2 rail cuts, one on each side of the heat affected zone of the welded joints within 10 days from the date of production of such defective joints. After such cuts, the joints should be re-welded and completed as full panel

4.15 Test Check on the stretch will be done by the Engineer-in-charge with contractor's USFD tester for at least 5% of the work done. In this, 95% of the flaws detected shall get confirmed and no new flaw shall be found during test check. The decision of the Engineer-in-Charge shall be final in this regard. Test check is to be carried out within a month as far as possible. In case less than 95% flaw is detected by the contractor is confirmed during the verification testing, a penalty of Rs.2, 000/- per flaw will be levied. In addition to this, if any new flaw is detected which was left by the contractor during testing, the whole number of joints will have to be tested again by the contractor without getting any extra payment for the same.

4.16 In case of identified weld found defective during examinations at welding sites before dispatch as per Para 10.1.1 & 10.1.3 of IRFBWM the payment for the same shall not be made and contractor have to replace the same with new weld for which recovery @ the rate of Rs. 5000/- will be made for cost of rail etc. and the payment for this weld will be released after re-welding, testing and found satisfactory.

4.17 In case of dimensional tolerance are not conforming to Para 10.1.2 of IRFBWM, if rectifiable by grinding can be regrinded otherwise the same will be rejected and recovery @ the rate of Rs. 5000/- will be made for cost of rail etc. and the payment for this weld will be released after testing and found satisfactory.

4.18 In any case the rejection of welds should not be more than 1% of quantity.

4.19 In case of sample joint test procedure to be followed as per Para 10.2 of IRFBWM and (correction slip No.7) and in case of sample joint not passing the batch of weld will be rejected.

4.20 Penalty Clause: On quarterly basis total traffic blocks of 120 hours per quarter with minimum block duration of two hours or more per block will generally be ensured. With aforesaid block, quarterly progress of minimum 1200 joints should be achieved.

a) If despite the availability of blocks specified above, the no of joints executed in a quarter is less than 1200, the penalty at the rate of 20% of accepted rate of welding per joint for the quantum of shortfall will be levied. Record of block demanded by JE/SE/P.Way and granted or refused by traffic deptt will be the basis for determining the penalty leviable.

b) However, if the availability of the machine in working order in a quarter is less than 60 days and no of joints welded in that quarter is also less than 1200, then penalty @ Rs. 5000/- Per day of shortfall in availability will be levied irrespective of total duration of traffic blocks granted in that quarter.

5 CLARIFICATION IN REGARD TO SPECIFICATIONS:

5.1 If the contractor has any doubt as to the meaning of any of the conditions mentioned in any part of this Tender document , he shall (before submitting the tender) put forth the particulars thereof and submit them to the Railway Administration in writing in order that any such doubt may be removed before the finalization of the tender.

6 DIMENSIONAL AND OPERATING REQUIREMENTS.

6.1 MFBWP shall be capable of continuous operation during the varying atmospheric and climate condition occurring throughout the year in India.

6.2 Fuel tank capacity / consumable storage capacity shall be adequate for traveling of long distances/ working as the case may be.

6.3 The profile of the complete system longitudinally and in cross section during transfer towed in train formation or self propelled or during working shall be within the Indian Railways Standard metric BG Schedule of Dimensions – 2004 (reprint). The bidder shall ensure that the MFBWP does not cause infringement while moving on curve upto 10° at any cross section.

6.4 It shall be capable of working without requiring power block in electrified section. 25 KVA current is used for traction through on overhead wire at 5.5m above rail level. On bridges and tunnels, the height is restricted to 4.8m.

6.5 Adequate clearance shall be allowed so that no component infringes the minimum clearance of 102 mm from rail level while traveling.

6.6 MFBWP shall be capable of continuous operation during the varying atmospheric and climatic conditions occurring throughout the year in India.

6.7 ONROAD: The provisions of the Motor vehicles Act- 1988 shall be complied with, it shall be the road worthiness of the vehicles from the authorized agencies in India such as the Automobile Research Institute of India, prior to the registration of the vehicle. For plying the vehicles on roads of different classification, if may require special permission from the Ministry of Surface Transport, Government of India.

6.8 While working on double line sections, it shall not infringe the adjoining track and it shall be possible to permit trains at full speed on the track. Minimum spacing of track is 4.265m.

7 FLASH BUTT WELDING PLANT



The important characteristics of the flash butt welding plant shall be as under :- 7.1 The Flash Butt Welding machine shall be self propelled Rail-cum-road Mobile FBW Plant

capable of doing in-situ welds on Running / Non-running lines as well as on yards/cess/ballasted bed by the side of the existing lines.

7.2 Locations/Sites for setting up of temporary welding depots will be identified by Railway. 7.3 The welding clamps of rails shall provide contact area along the entire web of rail and shall

be fitted with spring loaded balls for optimum alignment of rail ends. 7.4 The welding head shall be equipped with an integrated shearing device for shearing of the

weld seam automatically, immediately after the welding process has been finished. 7.5 The welder head shall be capable of welding loose rails of 13m ( thirteen ) to 39m (Thirty

Nine ) long rail or of any intermediate length or longer lengths in different situations as laid down in this specification Loose rail shall be placed on one side and long welded rail on other side.

7.6 The clamping jaw construction should be such that sleeper around the rail joint should not hinder the welding process under opened out fastening condition.

7.7 During welding process, rail ends shall be adjusted to a pre-design over-lift value of 0.6mm to 3mm, depending upon type of rail section material and UTS and pre-decided value to avoid dip at weld. The bidder shall give the design over lift values for respective 52 Kg rails. Rails End crowning should be accomplished with the help of functional key given in machine for this purpose. A positive confirmation for the same should also be possible.

7.8 A recording system shall be provided for the simultaneous recording of butting pressure, upset and magnitude current duration of welding.

8 DESCRIPTION OF WORK AND SPECIAL CONDITION FOR WELDING BY MFBWP PLANT.

8.1 The work comprises of conducting flash butt welding of approximately 17226 welds using contractor's own self propelled MFBW Plant at in Situ on Non-running lines/ running lines or on Cess/ ballasted bed, or at yards etc. at locations to be decided by South Western Railway. The duration of work is 24 (Twenty Four) months from the date of issuing acceptance letter.

8.2 Rail to be welded by flash butt welding will be of the following type: 52 Kg 90/72 UTS suitable serviceable rails Unless otherwise superseded by the stipulation of this contract, the welding process and methodology will be governed by the " Manual for Flash Butt Welding of rails-Revised Jan 2012 as corrected up to date by Research Designs and Standard Organization (RDSO), Ministry of Railway, Government of India hereinafter referred to as the Manual.

8.3 Rails of either type, as mentioned in clause above, will be supplied by Railways. The rails in bundles shall be stacked near track. It shall be the responsibility of the contractor to pull and align the rails as required and directed by the Engineer with the rails in “head on position without contact with the soil. The contractor shall arrange all the necessary equipments plant and labour to handle, move and distribute the rails for welding. The contractor shall exercise special care in handling of rails so as not to bend or damage them and shall follow the stipulations of " Handling instructions for 90 UTS rails " as detailed in Para 11 of the Manual. In addition the contractor shall maintain on site equipment and labour to straight and re-align rails that may have been bent or damaged during the rail handling process.

8.4 Arrangement shall be made to have test welds and their testing for providing of the flash butt welding technique and competence of welders deployed for welding work.

8.5 The welds shall be finished to final profile by controlled grinding as approved by the Engineer. The finished weld alignment shall be as per specified tolerances. Rail head profile grinding to produce the finished alignment shall not extend more than 300mm (three hundred) on either side of the weld.

8.6 All welds shall be marked with one individual number that clearly identifies the welder and the weld. This weld number shall be painted on the rail web. The number, once painted in the rail, shall be maintained until taking over of the work.

8.7 All surface or other irregularities shall be ground flush. Any defect or irregularities in welds which in the opinion of the Engineer cannot be rectified by grinding shall be rejected. These defective joints shall be cut out 20 cm (twenty) on either side before re-welding at the contractor's expenses.

9 HANDLING and PLACEMENT OF RAILS 9.1 Rail/3 RPs shall not be dropped onto the ground. While handling rail/rail panels contractor

shall exercise special care as stipulated in the Handling instructions for 90 UTS rails in the IRFBW Manual.

9.2 If rail are being welded away from the exact location of their use the single rails and the welded rail panels will be stacked on levelled and well drained platform suitably supported in head on position, till their transportation to the site of their use as per RDSO Drg. No.T-



6219 for stacking of free rails and welded panels. The welded rail panels should not have contact with soil. Nothing extra will be paid for handling of rails or welded rail panels.

10 WORK PLAN 10.1 The contractor shall submit his proposed method statement along with quality assurance

plan for handling of rail, their stacking, welding, testing of welds etc. to the Engineer for approval. This plan shall include the details of machinery deployed, welding process to be adopted, tools and equipments for finishing the welded joints, the date of commissioning the same, the date of completion of the welding, the daily welding target, list of personnel engaged and their duties etc. The contractor's work plan shall also indicate the qualification of persons to be engaged to certify the personnel on the welding team. This shall have to be approved by competent Authority /RDSO before execution.

11 OPERATIONS: 11.1 Checking suitability of rails for welding as per IRFBW Manual read with up to date correction

slips. 11.2 Welding of rail and Testing of joints are to be done as per IRFBW Manual read with up to

date correction slips. 11.3 The contractor shall employ at his own cost qualified and experience personnel to weld the

rails and shall carry out regular test with his own machine, plants and inspections to ensure that the welds comply with the specification details herein. The contractor shall certify his welding team and welding process by undertaking the qualification tests by RDSO. If one member of the team is replaced, the team shall not lose its qualified status. However, if more than one member of team is replaced the entire team shall be required to re-qualify.

11.4 Stacking of welded rail panels is to carry out with the help of adequate No of gantries as per clause No 11.1 of IRFBW Manual to suitable place indicated for stacking in layers.

12 PREPARATION OF RAILS TO BE WELDED: 12.1 All rails to be used for welding shall be examined prior to welding. Rails not meeting with the

rail end geometry as stipulated in clause 3.4 of the manual shall be straightened as approved by Engineer that shall cause no damages or indentation to the rails. Any rail which cannot be straightened to within the above tolerance shall be cut back to a sufficient distance to get the required alignment. All straightening or cutting shall be done prior to welding. The rails shall be cut clean and square by means of abrasive cutting disks. Gas torch cutting of rails is prohibited.

12.2 The rails stacked should be free of infringement to the running lines. 12.3 Rail ends to be welded shall meet the following geometrical standards- a) End bend in the vertical plane not greater than 0.7 mm on a 1.5 m straight edge, sagging

end not permitted. b) End bend in the horizontal plane not greater than +0.7mm on 1.5m straight edge. c) Deviation of the end from the square not greater than + 0.6 mm 12.4 Difference in width of rail heads to be welded. a) The difference in the width of rail heads of two rails to be welded shall not exceed 1.0mm

for new rails and 2mm for old rails b) Any difference in the width of rail heads at the welded ends, in case of both new and old rail

shall be transposed to one side of the head keeping the other side as perfectly aligned. The aligned side of such welded panels shall be distinctively marked by a distinguishable permanent paint.

13 END CLEANING. 13.1 Before welding end faces and both sides (electrode contact location) of the web of the rails

shall be thoroughly cleaned of loose scales, rust, paint, etc by mechanized brushing. Oil and grease, if present, shall be removed by Carbon Tetrachloride or Benzene. If any internal defects such as piping are noticed during cleaning, the rail shall not be welded.

13.2 The rail ends shall be cleaned up to a length as prescribed by the welding machine manufacturer before placing them on rollers. The gap between the rail ends shall be perfectly aligned in both horizontal and vertical planes. To compensate for lowering of joints due to thermal contraction, the two ends to be welded shall be raised by appropriate amount as specified by the bidder or as gained by the experience of the welding team.

13.3 In case contractor procures electricity from State Government directly for Mobile flash butt welding of rails, alternate arrangements in the form of generators will have to be made by the contractor to achieve requisite progress.

14 QUALITY CONTROL 14.1 In order to ensure quality control during the welding process, the contractor shall furnish a

quality assurance program of the procedure. The standardization of welding parameters of Mobile Flash Butt Welding Plants is required to be approved by the RDSO. Such a plan shall have provision for submission of weld records of all welds of intervals not exceeding 1 Km of rail welded into long lengths (as applicable). The proposed Performa for the maintenance of weld records shall be submitted by contractor for approval. The record shall contain minimum following information.



i) Pre-welding inspection results ii) Physical inspection results iii) Ultrasonic inspection record iv Weld chain age to the nearest meter (as applicable) v) Weld number vii) Rail grade and section vii) Date of weld viii) Rail temperature at the time of welding ix) Weld test record sheet x) Dimensional check results. 14.2 Copies of certified production welding test results, identifying the rail panel and weld

position shall be submitted to the Engineer. 14.3 The stripping of upset metal should be done all round the rail profile with the help of auto

stripping machine. Necessary arrangement should be made in mobile flash butt welding plant. It should be ensured that only flash butt welds which meet the finishing tolerances laid down in „Manual for Flash Butt Welding of rails-Revised Jan 2012‟ are produced.

15 IMPORT AND TRANSPORTATION OF MFBWP. 15.1 Transportation of the MFBWP shall be the responsibility of the contractor including

customs and other clearances, taxes, payable and all other related formalities and charges which may be required for the import and export of the MFBWP and also other equipment, spares, consumable, etc which may be required during the contract.

15.2 Contractor shall bear the cost of transfer of the MFBWP or any of its part, when transported in train formation on Indian Railway network for any reason on contractor's account like repairs, maintenance schedules, etc.

16 TERMS OF PAYMENTS. 16.1 The rates given in the attached schedule of rates & offered/tendered by the contractor and

as accepted by the Railway will form the basis of payment for such items under this contract.

16.2 No material price variation or wages escalation on any account whatsoever including the compensation for "Force Majeure” etc shall be payable under this contract except price escalation payable as per price escalation clause provided separately in this tender documents.

16.3 The rates for any item of work not included in the "Schedule of items, rate and quantities" and which the contractor may be called upon to do by Railway administration shall be fixed by the supplementary written agreement between the contractor and the Railway before the particular item or items of work is/are executed. In the event of such agreement not being entered into and executed the Railway may execute these works by making alternative arrangements. Railways will not be responsible for any loss or damages on this account.

16.4 The contractor shall work in close co-operation with other contractor/departmental staff working in that section/ adjacent sections.

16.5 The rates for welding shall be firm irrespective of welding being conducted during day times, nights, Saturdays, Sundays, holidays, etc.

16.6 (I)

Payment shall normally be made once in a month‟s time or less depending on the progress of the work.

(ii) The contractor shall be paid for the quantities actually executed by him and measured and paid by the concerned Sr. Divisional Engineer/Divisional Engineer of the Division under whose jurisdiction work has been executed at the rates provided for in the contract/agreement as per its terms and conditions.

(iii) Payment shall be made by the paying Authority after necessary testing and acceptance by the Engineer-in-charge or his authorized representative, of the welds/work done by the contractor and on production of relevant inspection certificates by respective Inspector-in-Charge duly verified by railway representative, not below the rank of AEN for satisfactory execution of work conforming to the specifications and prescribed test check by the sectional DEN/Sr. DEN in whose jurisdiction the said work was carried out.

17 DAMAGES ON CONTRACTOR’S ACCOUNT 17.1 The contractor will specifically note that in case any accident takes place due to the

carelessness of the tenderers then the Railway administration may terminate the present contract, and Railway reserves the right to recover to cost of damages due to such accident from the rescinded contract.

18 STUDY OF DRAWINGS AND LOCAL CONDITION 18.1 There are no specific drawings for the work except those shown in IR Flash Butt Welding

manual and other manuals. It should be noted by tenderers that local conditions may vary from site to site and the contractor will do the execution of the work according to the circumstances without making the Railway liable for any claims on account of such changes.

19 NIGHT WORK



19.1 If the Engineer is satisfied that the work is not likely to be completed in time except by resorting to night work, he may order without confirming any right on the contractor for claiming any extra payment for the same.

20 SITE INSPECTION REGISTER 20.1 A site inspection register will be maintained by the Engineer or his representative in whom

the contractor will be bound to sign day to day entries made by the Engineer or his representative. The contractor is required to take note of the instructions given to him through the site inspection register and should comply with the same within reasonable time. The contractor will also arrange to receive the letters etc issued to him at the site of works.

20.2 The contractor shall have to make and maintain at his own cost suitable approach road and path etc for proper inspection of the various works. He shall also provide all facilities as required by the Engineer, such as ladder and other appliances for satisfactory inspection of the works and places where material for the work are stored or prepared.

21 LABOUR CAMPS 21.1 Land for setting up of temporary Lab/workshop by the contractor(s) or for his/their labour

camp or for any other purpose shall have to be arranged by the contractor at his/their own cost and under his/their own arrangements. The contractor(s) however, will be permitted to make use of the Railway land to the extent that can be made available to him/them free of cost by the Railway in the vicinity of the site of works. The contractor/s shall at all times be responsible for any damage or trespass committed by his agents and workmen for carrying out the work.

21.2 The Railway Administration may recommend to the concerned authorities to issue of necessary transport permits for the work. The contractor(s) shall however, furnish full justification for the above facilities, to enable the Railway Administration to address the State Government or other authorities in this connection. The contractor(s) shall also maintain regular logbook of receipts and issue of the material to work, if so required by the Civil Authorities. No claim would, however, be entertained by the non-issue of any priority permits or owing to any interruption in supply.

21.3 No claim for idle labour and or idle machinery etc on any account will be entertained. Similarly, no claim shall be entertained for business loss or any such loss.

22 DEPARTMENTAL INSPECTIONS 22.1 Contractor / Owner of Mobile flash butt welding plant is required to get the welding

parameters standardized for their Flash butt welding plant for different rail chemistry and rail section in consultation with RDSO / LKO before regular operation of the plant. RDSO will standardize welding parameters for a particular machine make and model. For Mobile Flash butt welding plant of a particular make for which standardized parameter exists, sample testing will be carried out either at RDSO or at the nearest Flash butt welding plant (having the testing facilities) in presence of RDSO official to check the compliance of machine. For all Mobile Flash butt welding plant QAP will be approved by RDSO before plant is put up to regular operation. The welding parameters should be available with welder of the plant and displayed at appropriate point on the plant. Afterwards all inspections will be carried out as per standardization done by RDSO.

22.2 Inspection shall be carried out at various stages of work by authorized Railway representatives or other authorized Agency as decided by purchaser and the Contractor will make all arrangements for conducting the testing/inspection in presence of the Inspecting Officers. Inspection and testing Plan has to be submitted by the tenderer to demonstrate his concern for the quality product. In case the tenderer is ISO-9000 Quality Certified Agency, Quality Manual and Procedure Manual are to be submitted along with the offer.

22.3 Inspection and testing will be done as per para 10 of IRFBWM. 23 PERMISSION TO WORK ON INDIAN RAILWAY SYSTEM 23.1 The contractor(s) shall be responsible for obtaining necessary authorizations clearances,

wherever required, for the movement of contractor's equipment on Indian Railway system 23.2 The contractor(s) shall submit detail competency certificate of working MFBWP, technical

qualification and experience of their workmen, operator and supervisor. 24 INSURANCE 24.1 The contractor shall demonstrate that he/they has/have necessary systems and provisions

to pay compensation for any work related errors, damages, or accidents, which may occur. As a part of the provisions for the purpose of this bidder, the contractor(s) may have third party insurance on the usual terms, which shall cover liability for compensation for any damages the contractor(s) may cause to the Indian Railways or a third party, or any thing connected to the execution of the work. The insurance policy shall not contain any provisions, which would diminish Indian Railway's right to claim compensation directly from the insurance company. The contractor(s) shall submit necessary proof of the insurance to Indian Railways prior to commencement of the work.

25 ADHERENCE TO TIME SCHEDULE



25.1 The basic consideration and the essence of the contract shall be the strict adherence to the time schedule for the services offered.

25.2 The time and the date specified in contract for the services performed shall be deemed to be essence of the contract and the services must be completed not later than the date so specified.

25.3 The duration of contract would be 24 (Twenty Four) months. 26 MINIMUM REQUIREMENT OF PLANT AND MACHINERY 26.1 Tenderers may please note that the execution of work is highly mechanized and will involve

arrangements of the Mobile Flash Butt Welding Plant. The contractor(s) will have to employ adequate number of MFBWPs to achieve the progress as stipulated.

27 CRITERIA OF CONSTRUCTION/CODES & SPECIFICATIONS:

27.1[a]

The specifications mentioned in special conditions regarding Site Data and Specifications shall be prime governing.

[b] Where there is conflict between IRS & IS Specifications, IRS specifications shall prevail. [c] Where there is no provision of Specifications in IRS, the IRC conditions shall be followed. [d] All above sub-items of Clause 27.1 shall be deemed to be “excepted matters”. 27.2[

i] Apart from the basic data, specifications etc. all items of works shall be governed by the following codes as revised/corrected/amended up to the time of submission of the tender/negotiated rates for acceptance.

[ii] Indian Railway Manual for Flash Butt Welding of rails-Revised Jan 2012 with up to date correction slips issued by RDSO/Lucknow.

[iii] Manual for Ultra sonic testing of rails and welds [iv] LWR manual [v] Indian Railway Permanent Way Manual. [vi] Indian Railways Works Manual. [vii] Engineering Code [viii] South Western Railway Schedule of Rates, 2011 with errata and correction slip upto date.

[ix] South Western Railway Engg. Deptt. General Conditions of Contract, amended from time to

time. [x] GR & SR of SWR & WTT of SWR [xi] Indian Railways Schedule of dimensions for Broad Gauge. [xii] South Western Railway Engg. Deptt. Specifications for material and works.

28 Warranty 28.1 The contractor warrants that the welds executed under this contract shall have no defect

arising from design, materials or workmanship (except in so far as the design or material is required by the purchaser's specifications) or from any act or omission of the supplier that may develop under normal use in the conditions prevailing at the site.

28.2 The warranty shall remain valid for a period of 12 (Twelve) months from the date of putting the weld into service.

28.3 Railway shall promptly notify the contractor in writing of any claims arising under this warranty.

28.4 Upon receipt of such notice the Contractor shall, with all reasonable speed, repair or replace the defective welds. No claim whatsoever shall lie on the Railway for the replaced weld thereafter.

28.5 If the contractor having been notified fails to rectify the defect within period of fifteen days, the railway may proceed to recover double the cost of weld paid to the contractor plus Rs. 5000/- for each defective weld towards the cost of the price of rails becoming scrap and other incidental cost without prejudice to any other rights which the railway may have against the contractor under the contract.

29 INTERRUPTION TO WORK DURING MONSOON & ON OTHER ACCOUNTS: 29.1 The contract period may extend over a few monsoons. The contractor should, therefore,

plan and programme his work keeping this fact in mind. 29.2 The tenderer (s) are strongly advised to visit the area of proposed work before bidding and

acquaint himself/themselves with the routine problems of the area such as : i] Power supply schedule and availability of power in the region. ii] Availability of water for various purposes. iii] Availability of space for setting up workshop etc. iv] Interruption on account of flash rains/flood. v] Transport unions. vi] Frequent public strikes, bunds etc. vii] Law and order situation in general. viii] Militancy in general. ix] Availability of skilled/unskilled labour.



x] Other miscellaneous factor having direct/indirect repercussion on work. xi] Various Acts, Laws and rules and regulations prevailing in Karnataka, Maharashtra, Goa, Tamilnadu, Andhrapradesh.states.

30 UNFORESEEN ITEMS OF WORK: 30.1 If in the course of the work, any unforeseen items of works not already covered by the

schedule of items, and rates are required to be done, the rate for the same shall be fixed by mutual agreement based on similar or corresponding or combination of items of works in the said schedule or will be derived from the various items provided in the South Western Railway Schedule of Rates as the case may be depending on the nature and specifications of the work involved by any other procedure mutually agreed upon in the event of deriving the rate from the South Western Railway, Schedule of Rates. The rates show derived will be subject to the percentage increase/decrease as per the Miscellaneous items specially provided for in the schedule of items and rates. If, however, the work is of entirely different nature the rates to be paid shall be fixed through works studies/rate analysis

31 PROVISION OF LIGHT, SIGNALS ETC 31.1 The contractor(s) shall make such provision for lighting the works, material and plant and

provide all such marks and lights, signal and other appliances as may be necessary or as may be required by the Engineer or other responsible authority during the execution, completion and the maintenance of the work and shall provide all labour, stores etc required for their efficient working and use at any time of day or night. He/they shall also provide all arrangement of every description of watching and maintenance required in connection with the foregoing and all other services for protection of any securing all dangerous places whether to the contractor workmen or other persons and or vehicular traffic until the work is certified by the Engineer to have been completed and taken over in accordance with the contract.

32 SAFETY PRECAUTIONS: 32.1 The contractor shall at all times adopt such safe methods of work as will ensure safety of

structure, equipment, labour and public. If at any time, the Engineer-in-charge finds the safety arrangements inadequate or unsafe, the contractor shall take immediate corrective actions as directed by Engineer at site. Any dereliction in the matter shall in no way absolve the contractor of his sole responsibility to adopt safe working methods

32.2 The contractor shall design and execute temporary works, such as to ensure absolute safety or contractor‟s personnel as well as Railway staff and personnel engaged on the work. The contractor shall also be responsible for all structural and decorative damage to property or injury caused by work or his workmen to persons, animals or things including any compensation arising out of claims on this account and shall be held entirely responsible for all works carried out by him until it is finally taken over by the Railways and he will be liable to be called upon to make good any damage or loss which may occur to the tunnels by inclemency of weather, floods or due to any other cause during entire period until the work is taken over. The contractor shall indemnify the Railways in all such respects. The insurance in such respects must be jointly in the name of contractor & South Western Railway and the policy lodged with Engineer-in-charge. Railway reserves the right to enforce safety regulations on the contractor and recover any cost which may be incurred for this purpose from contractor's bills. All safety measures shall be taken by the tenderer/contractor to prevent any accident at site during execution of work,

32.3 The contractor(s) will provide upon the works to the satisfaction of the Engineer and at such places as he may nominate, proper and sufficient life-saving, fire fighting and first aid appliances which shall at all times be available for use.

33 On line links to the Flash Butt Welding Manual & USFD Manual & their correction slips with correction slips are available on the site www.iricen.indianrailways.gov.in

34 The contractor shall maintain „Hindrance‟ register at all work sites and any hindrance affecting the progress of work shall be promptly recorded and signed by the representatives of both the contractor and the Railway.



QUESTIONNAIRE TO BE FILLED IN BY TENDERERS.

Sl. No.

Details Yes/No Remarks

1 Whether Earnest Money is deposited.

2 Whether declaration regarding association of retired Railway Officers with tenderers given as per Annexure-„A‟ of Bid document.

3 Whether details of past work, filled in as per Annexure-„B ‟ of Bid document

4 Whether details of works presently on hand filled in as per Annexure-„C‟ of Bid documents.

5 Whether details of Annual Turn over/Contractual payments received filled in as per Annexure „D‟ of Bid documents.

6 Whether details of Tools and Plants filled in as per Annexure „E‟ of Bid documents.

7 Whether details of staff filled in as per Annexure „F‟ of Bid documents.

8 Whether list of court cases furnished as per Annexure „G „.

9 Whether details of firm, filled in as per Annexure „I‟ of Bid document.

10 Whether broad scheme for execution filled in as per Annexure „J‟ of Bid documents.

11 Whether details of other facilities, filled in as per Annexure „K‟ of Bid documents.

12 Whether solvency certificate is submitted.

13 Whether documents/attested copies of certificates in support of the receipt of contractual payments obtained from employer/clients and audited balance sheet duly certified by CA of just last three and current financial year submitted.

Signature of Tenderer

Along with Seal.



ANNEXURE-A

DECLARATION REGARDING ASSOCIATION OF RETIRED RAILWAY OFFICER(S) WITH TENDERER(S)

Sl No

N a m e Status with the tenderer

If working in Rly on the date of tendering, designation &

place of posting

If retired on the date of tendering

Date of retirement

Status at retirement

Particulars of permission taken

for associating with the tenderer

1 2 3 4 5 6 7

Signature of Tenderer

Along with Seal.



ANNEXURE–B DETAILS OF WORKS COMPLETED DURING LAST THREE FINANCIAL YEARS & CURRENT YEAR BY

THE TENDERER(s). Sl. No.

Name of the work

with value of contract

Full address of the

authority under whom the work has

been executed

with Telephone No. & Fax

No.

Date of Award & Original

completion period

Actual Date commencement & Actual

Date of completion

Final value of contract

in Rs.

Documentary proof of completion of work

(enclose copies separately for each work and indicate

Annexure No. in this column)

1 2 3 4 5 6 7

Signature of Tenderer Along with Seal



ANNEXURE-C

DETAILS OF WORKS ON HAND WITH THE TENDERER(s) Sl No

Name of work

Total cost of contact value in

Rs/-

Month and year

of commen-cement

Date of Award & Comple-

tion period

Present progress Full address of

the authority

under whom the

work is being

executed

Documentary proof (enclose copies of acceptance letter & proof regarding present progress etc. & indicate

Annexure No. in this column)

Financial Physical 1 2 3 4 5 6 7 8 9

Signature of tenderer Along with seal



ANNEXURE–D DETAILS OF CONTRACTUAL PAYMENTS RECEIVED DURING LAST THREE YEARS (i.e. CURRENT

YEAR & THREE PREVIOUS FINANCIAL YEARS) Sl. No

Year Contractual payments received

Name of the employer / client with full postal address& Telephone no & Fax No

Documentary proof regarding contractual payments (enclose copy of letter/statement separately for each work year wise and indicate Annexure No. in the column)

1 2 3 4 5 1.

2010-2011 (01.04.10 to

31.03.11)

2.

2011-2012 (01.04.11 to

31.03.12)

3.

2012-2013 (01.04.12 to

31.03.13)

4. Current Year (01.04.13 to the date of

opening of the tender)

Signature of tenderer

Along with Seal.



ANNEXURE–E

DETAILS OF CONTRUCTION MACHINERIES, TOOLS & PLANTS, VEHICLES ETC. AVAILABLE ON HAND AND PROPOSED TO BE UTILIZED IN WORK

Sl. No.

Description of equipments

Number available (Owned/ hired)

Date of purchase

Date of manufacture

Make How driven (i. e) Petrol/ Diesel /electrical

Condition of the equipment

Where the equipment can be inspected/ Remarks (include remarks on calibration, etc)

1 2 3 4 5 6 7 8 9

Signature of tenderer Along with Seal



ANNEXURE–F

DETAILS OF TECHNICAL AND OTHER PERSONNELS AVAILABLE ON HAND & PROPOSED TO BE ENGAGED IN WORK

Sl No

N a m e Age Technical qualification

(s)

Position with the tenderer

Commencement of present

employment

Total experienc

e

Emoluments

1 2 3 4 5 6 7 8




ANNEXURE–G LIST OF COURT CASES DURING LAST 3 YEARS

Sl No

Name of work

Value of work

Name of Client Deptt.

Name of the Court

Date of institution of case

Relief sought from Court

Brief reason of dispute

Final/Present position of the case

1 2 3 4 5 6 7 8 9

ANNEXURE – H

LIST OF ARBITRATION CASES DURING LAST 3 YEARS

Sl No

Name of work Value of work

Name of Client Deptt.

Amount and date of claim preferred

Claim of Deptt. if any

Brief reasons of disputes

Final/Present position of the case

1 2 3 4 5 6 7 8




ANNEXURE – I

DETAILS OF THE TENDERER i) Name of the Company

:

ii) Address of Registered Office & other associated offices if any.

:

Phone: Fax: iii) Constitution of the Company

:

a) Ownership particulars whether Private Ltd., Public Ltd., or partnership firm or any other type duly supported by the documents such as partnership deed and articles of constitution etc. as applicable.

:

b) Name and address of collaborator(s) :

c) Nature of participation by collaborator(s) in share holding of the Company

:

d) Extent and nature of proposed participation by collaborator(s) in execution of this work

:

iv) Number of years the firm has been in operation in India under its present

:

v) Any Other information




ANNEXURE–J

BROAD PLAN OF EXECUTION OF THIS WORK WITHIN THE STIPULATED COMPLETION PERIOD

Sl.No Activity Period of completion in months

Signature of Tenderer Along with Seal



ANNEXURE – K

DETAILS OF OTHER CREDENTIALS/FACILITIES AVAILABLE WITH THE FIRM/CONTRACTOR (WHICH ARE NOT COVERED IN ANNEXURE-A TO ANNEXURE – J)

Signature of Tenderer Along with Seal.



ANNEXURE-L Special conditions

The firm /agency having their bank accounts on any of the city centres where reserve bank of India‟s EFT (Electronic Fund Transfer) facility exists will receive their payments through EFT scheme in case of being awarded with the work/supply order. For that they (the agency) will have to furnish the mandate form of EFT (As per proforma given below)) along with the tender document. Electronic clearing service (Credit clearing) Model Mandate form (Investor/Customer‟s Option to receive payments through Credit Clearing Mechanism).

Name of the scheme and the periodicity of payment No.

Investor/Customer‟s Name Particulars of Bank Account

a) Name of Bank: b) Name of the Branch Address Telephone No.

c) 9 Digit Code Number of the bank and branch appearing on the MICR cheque issued by the bank.

d) Type of the Account (S.B. Current or cash Credit) With code (10/11/13) e) Ledger and ledger folio Number. f) Account number (as appearing on the cheque book)

(In lieu of the bank certificate to be obtained as under, please attach a bank cancelled cheque or photocopy of a cheque or front page of your saving bank passbook issued by your bank for verification of the above particulars)

3) Date of effect hereby declare that the particulars given above are correct and complete. If the

transaction is delayed or not effected at all for reasons of incomplete or incorrect information, I would not hold the user institution responsible. I have read the option invitation letter and agree to discharge the responsibility expected of me as a participant under the scheme.

Signature of the Investor/Customer. Date: __________

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

Certified that the particulars furnished above are correct as per our records. Bank‟s stamp. Date: ______

Signature of the Authorized Official of the Bank.



ANNEXURE-M SPECIMEN FORMAT OF BANK GUARANTEE BOND

GUARANTEE BOND

1. In consideration of the President of India (herein after called the Government ) having agreed to exempt _______________ (hereinafter called the said Contractor(s)” from the demand, under the terms and conditions of an Agreement dated: _________ made between ____________ and ________ for__________ (hereinafter called “the said Agreement”)¸of security deposit for the due fulfillment 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, ________________________________ (hereinafter referred to as “the Bank”) at (Indicate the name of the bank) the request of ______________ (contractor‟s ) 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 reason of any breach by the said Contractor(s) of any of the terms or conditions contained in the said Agreement. We _________________________________do hereby undertake to pay the (indicate the name of bank)

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 breach by the said contractor(s) 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 suite or proceeding pending before any court or Tribunal relating thereto our liability under this present being absolute and unequivocal.

The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the contractor(s) /supplier(s) shall have no claim against us for making such payment.

4. We, ________________ further agree that the (indicate the name of bank) guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance/of the said Agreement and that it shall continue to be enforceable till all the dues of the Government under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till ___________ Office/ Department) Ministry of ________________certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the ____________ we shall be discharged from all liability under this guarantee thereafter. 5. We, _____________________________ further agree with the (indicate the name of Bank) government that the Government shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of 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 forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the 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.

This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s)/Supplier(s).

We, ____________________ lastly undertake not to (Indicate the name of Bank) revoke this guarantee during its currency except with the previous consent of the Government in writing.

Dated the ______________ day of _________2013 For _____________________________________

(Indicate the name of bank)



Annexure N THE WORKING OF TROLLIES, MOTOR TROLLIES AND LORRIES. Indemnity Bond in connection with the Permission Granted to travel on a Railway ………………………………… Trolly/Motor Trolly In consideration of my being granted permission to travel between …………………… on ……………… Railway…………………….. Trolly/motor trolly. I ……………………… Hereby undertake and agree that the Railway shall be free from all responsibility/liability for any delay or detention or for any injury or loss to me or to any property of what so ever kind accompanying me occasioned during the journey for which the permission is granted or whilst I am or the said is with in railway limits. I further undertake that I shall not interfere with or obstruct ……………………….. on his duties and shall obey all reasonable directions he shall give me to be subject to the bye-laws and general regulations of the Railway. Further undertake to indemnity and keep indemnified and save harmless the Railway Administration for and against any loss or damage done to the property of the Railway through any act or omission on my part or on of my agent or servants while so traveling on the trolly/motor trolly.

Signature of tenderer contractor

Name:

Designation:

Address: