4-12 Rail

WESTERN RAILWAY 1
MUMBAI DIVISION
TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT
TENDER DOCUMENT
(NON-TRANSFERABLE)
Name of Work :- CCG-VR Sec- Removal of garbage muck etc. and

disposal of the same beyond railways limit by contractor’s own
trucks/MKC’s between the section of BA-STC.
1. Type of tender : Open Tender

2. Cost of tender documents : Rs.1000 ( Rs.1500 by
post)
3. Earnest Money Deposit : Rs.3760/-
4. Estimated cost of work : Rs.188000/-
5. Completion period : 1 Months
6. Time & Date of start of sale of tender : 10.15 Hrs on 20-11-08
documents
7. Time & Date for closure of sale of tender : 12.00 Hrs on 04-12-08
Documents
8.Time & Date for closure for submission of : 15.00 Hrs on 04-12-08
tender documents
9. Time & Date for opening of tender : 15.30 Hrs on 04-12-08
10.Validity of offer from date of opening : 90 Days
Tender Inviting Authority:-

Divisional Railway Manager (Works Account),
Works Engg Department,
th
6 floor DRM’s office annex building,
Western Railway, Mumbai Central,
Mumbai -400008
Signature of tenderer/’s DRM (WA) BCT

(For & Behalf of President of India)
PDF created with pdfFactory Pro trial version www.pdffactory.com

WESTERN RAILWAY 2
MUMBAI DIVISION
FORWARDING LETTER
Issued to / Downloaded by : -
Note : If the tender has been downloaded from the website , the interested bidders should
write their name and address in the space above and enclose cost of tender
documents in acceptable form as mentioned in the tender documents along with
the offer.
The price of the tender document is paid for the above tender vide
DD/Money Receipt No Dated:-
Note :- (Tenderers to fill details of tender fee in form of Money Receipt for tenders
purchased in person/ by post OR Demand Draft particulars for tenders down
loaded from Web site deposited for the cost of tender)
1. For tenders sold in the office of the tender inviting authority, the tender document is
issued on request of the tenderer/s after having deposited the requisite cost of the
tender document as stated above. The tender document is issued to these
tenderers with further condition that they agree to abide by the conditions laid
down in the tender document , before submitting the tender.
2. For tender documents downloaded from the official web site of the Western
Railways, the following conditions strictly apply:-
(a) The document has been downloaded by you from the official website of
western railway http://www.wr.indianrail.gov.in for submitting the bid. A
Demand draft (separate Demand Draft other than that of Earnest Money) for
an amount equivalent to cost of tender document mentioned in tender notice
in favour of Sr Divisional Finance Manager, Western Railway, Mumbai
Central, payable at Mumbai, towards the cost of the tender document will
have to be enclosed with the tender document. In case, the offer is not
accompanied with the valid demand draft for the cost of the tender document
as detailed above, the tender will be summarily rejected.
(b) Tenderer/s to please note that the document is being allowed to be
downloaded with further condition that he/they agree to abide by the
conditions laid down in the tender document, before submitting his/their
tender.
(c) The total document from the first page to the last page where `END OF
DOCUMENT' is marked is to be downloaded and submitted along with the
offer. Otherwise the document will be treated as incomplete and therefore
invalid.


WESTERN RAILWAY 3
MUMBAI DIVISION
(d) The Railway before the due date & time of closure of issue of tender
documents on its own or in response to any clarification requested or
suggested by any person including that of the tenderer, may modify the
tender document at its sole discretion. It will be the responsibility of the
tenderers who had downloaded the documents from the website to submit
offer in the updated copy of the tender documents and Railway may not
consider the offers downloaded from website if offer is not submitted in
updated tender documents.
3. All tenderer/s shall please also note that if any change/addition/deletion with
malafide intention is made by the bidder and the same is detected at any stage
even after award of the tender, all necessary action including banning of business
may be taken against the bidder.
4. The tender document comprises various parts and contains 54 pages as under :-
Sr. Description Page no.
No.
1. Top Page 1
2. Forwarding Letter 2-3
3. Tender Notice 4-5
4 Information and Instructions to tenderer(s) 6-8
5 Tender form (First sheet) 9
6 Tender form (Second sheet) 10-14
7 Special Conditions of Contract (Part- I)- (A) Heighlights of 15
recent Amendments of GCC
8. Special Conditions of Contract (Part- I) – (B) 16-39
(a) Annexure/A - Statement of Deviation 40
(b) Annexure/B - Safety Rules 41-43
(c) Annexure/C - Form of Guarantee Bond for Performance 44-45
Guarantee.
(d) Annexure/D - Contract Agreement 46-47
(e) Annexure/E - Certificate of no relative being an employee 48
of Western Railway.
9. Special Conditions of Contract (Part II)-Technical . 49-52
10. Schedule of approximate quantities & rates 53
11. Offer Sheet 54
5. All the above parts taken together , shall constitute the complete tender document
hereinafter referred to as “tender document” and have to be read together and
acted upon accordingly. No part of the tender document can be relied upon or
acted upon in isolation.
Enclosure :- Tender document containing 54 pages, including cover page.


WESTERN RAILWAY 4
MUMBAI DIVISION
TENDER NOTICE
Divisional Railway Manager(WA) , Western Railway, Mumbai Central , Mumbai -400008
for and on behalf of the President of India, invites open sealed tenders on prescribed
form, from experienced and reputed contractors for the following work :
Name of the work : CCG-VR Sec- Removal of garbage muck etc. and disposal of the
same beyond railways limit by contractor’s own trucks/MKC’s
between the section of BA-STC.
1. Type of tender : Open Tender

2. Cost of tender documents : Rs.1000 ( Rs.1500 by
post)
3. Earnest Money Deposit : Rs.3760/-
4. Estimated cost of work : Rs.188000/-
5. Completion period : 1 Months
6. Time and Date of start of sale of tender documents : 10.15 Hrs on 20-11-08
7. Time & Date for closure of sale of tender : 12.00 Hrs on 04-12-08
documents
8. Time & Date for closure for submission of tender : 15.00 Hrs on 04-12-08
documents
9. Time & Date for opening tender : 15.30 Hrs on 04-12-08
10. Validity of offer from date of opening : 90 Days
1 Sale of tender Forms : Prescribed tender documents will be available for sale at
above mentioned office on working days between 11.00 Hrs to 17.00 hrs up to
date and time indicated above. Tender forms can be dispatched by Registered
post only if a valid request is received atleast ten days prior to date of tender
opening along with cost of tender documents. However Railway will not be
responsible for any delay in receipt of tender documents by post.
2 The tender notice and tender documents will also be available on western railway’s
official web site http://www.wr.indianrail.gov.in. The same can be downloaded and
used as tender document for submitting the tender. This facility is available free of
cost. However the cost of tender document as mentioned above has to be paid in
the form of Demand Draft issued in favour of “Sr Divisional Finance Manager,
Western Railway, Mumbai Central” , payable at Mumbai and should be enclosed
with the Tender Form while dropping the tender. In case the tender is not
accompanied with the valid Demand Draft for the cost of the tender document
downloaded, the tender will be summarily rejected.
3 The cost of tender form should be remitted with any station master of Western
Railway and original money receipt should be produced for getting the tender form
in person or by post. However for tenders downloaded from the website, only
demand draft will be accepted.
4 Tender not accompanied by the required earnest money in the requisite form as
mentioned in the tender documents shall be summarily rejected.


WESTERN RAILWAY 5
MUMBAI DIVISION
5 Tender forms are non-transferable and offers should be submitted in prescribed
tender documents as issued by the Railway/down loaded from the official web site
of the Railway through internet only.
6 Railway reserves the right to cancel the tender without assigning any reason.
7 Offers with validity of offer less than what is prescribed in the tender documents
will be rejected summarily.


WESTERN RAILWAY 6
MUMBAI DIVISION
1 INFORMATION AND INSTRUCTIONS TO THE TENDERER/S

1.1 The President of India acting through Divisional Railway Manager(WA) ,
Western Railway, Mumbai Central , Mumbai -400008 , hereinafter called the
`Tender Inviting Authority’ has invited open tenders for the work specified in
the Tender Notice from the tenderer(s) who qualify the eligibility criteria given
in the tender notice.
1.2 Tender Inviting Authority's address for the purpose of the tender is given
below:-
Divisional Railway Manager(WA) ,Works Engg Dept
6th floor, DRM's office Annex building,
Western Railway, Mumbai Central , Mumbai-400008
2 The Tenderer/s is advised to study the Tender Document carefully. The

Tenderer(s) shall also acquaint himself/ themselves with the local conditions,
nature of work and all other matters pertaining thereto.
3 The Tendere/s must obtain for himself, on his own responsibility and at his own
expense, all information which may be necessary for the purpose of making the
Tender offer and entering into Contract.
4 The submission of the Tender shall be deemed to have been done after careful
study and examination of the Tender Document with full understanding of the
implications thereof. Any clarification required by a Tenderer shall be obtained from
the Office of the Tender Inviting Authority on any working day during office hours.
5 The tenderer(s) shall strictly adhere to the form of tender specified by the Railway.
Tenders not submitted in this form are liable to be rejected.
6 Complete tender document along with accompaniments shall be sealed in an

envelope , super scribing boldly :
Tender No
Tender due to open on
Name of work
7 The Tender shall be signed by individual or individuals legally authorized to enter

into commitments on behalf of the Tenderer. Any individual or individuals signing
the Tender Documents or other documents connected therewith should specify
whether he is signing
i. As a Sole Proprietor of the firm or Attorney of the Sole Proprietor;
ii. As a Partner or Partners of the firm;
iii. As a Director, Manager or Secretary in a Limited Company.


WESTERN RAILWAY 7
MUMBAI DIVISION
8 In the case of a firm not registered under the Indian Partnership Act, all the
partners or the Attorney duly authorized by all of them should sign the Tender
Document and all other concerned documents.
9 Requisite Power of Attorney or such other documents empowering the individual or

individuals to sign should be furnished along with the Tender.
10 Every Tenderer shall state in the Tender his postal address fully and clearly. Any
communication sent in time to the Tenderer by post at the said address shall be
deemed to have reached the Tenderer duly and in time. He shall also give
telephone and fax number for communication. Important documents shall be sent
by Registered post. The tender shall be addressed to the tender issuing authority.
11 The complete Tender document shall be dropped in the Tender Box placed in
the Office of the Tender Inviting Authority not later than due date and time of
closing.
12 Such Tenders which cannot be dropped in the Tender Box due to large size, shall
be handed over to the Office Superintendent , tender section , of the office of the
tender inviting authority, not later than the date and time prescribed and a receipt
thereof obtained.
13 Tenders sent by post shall be sent by Registered Post acknowledgement due,

so as to reach the Office of the Tender Inviting Authority not later than 15.00 hrs
on date of opening of tender. Tenders received late will not be considered.
14 Conditional tenders are liable to be rejected. Railway however reserves the right to
reject such tenders summarily without assigning any reasons whatsoever. The
Railway also reserves the right to reject any special conditions stipulated by the
Tenderer as considered unacceptable to the Railway and can call upon the
Tenderer to withdraw such conditions. If any deviations from the General
conditions/ special conditions/ specifications are proposed by the tenderer, they
should be mentioned statement of deviation in annexure`A' and not else where in
the tender documents.
15 Evaluation of Tender:
For evaluation of Tenderer's offer, it may be necessary to seek certain
clarifications. Railway shall seek such clarification in writing or through
telegram/cable/Telex/FAX.
16 If it is found at any stage of the finalization of the tender or during actual

execution of the work that the information furnished in this tender ,including
clarifications, is incorrect, the tenders are likely to be rejected.


WESTERN RAILWAY 8
MUMBAI DIVISION
17 Sales Tax/Commercial Tax/Works Contract Tax:

Taxes prescribed by the Central government/State Government/Local bodies at
the rate prescribed by them will be recovered from the bills from time to time.
18 The list of documents to be attached along with the tender documents is as

under:-
i) Earnest Money in proper form.
ii) Tender fee in prescribed form in case of down loaded document.
iii) Various Proforma attached with tender document.
iv) List of personnel, organization available on hand and proposed to be
engaged for the subject work.
v) List of plants & machinery available on hand (own) and proposed to be
inducted (Own & hired to be given separately) for the subject work.
vi) List of works on hand indicating description of work, contract value, date of
award, value of work executed & approximate value of balance work yet to
be done. Supportive documents/certificates from the organizations with
whom they are working should also be enclosed. Certificate from private
individuals for whom such works are being executed will not be accepted.
vii) Partnership deed.
viii) Power of Attorneys.
ix) Complete tender documents duly signed & completed in all respects
including filling up of the rates in offer sheet and signing each and every
page of the document..
x) Any other document the tenderer(s) may like to submit in support of his
credentials/scheme.
19 The contractor will pay and purchase season tickets/ticket for the labourers
for traveling by train from place of living to place of work and back on
Mumbai area as per Railway’s extant rule.


WESTERN RAILWAY 9
MUMBAI DIVISION
TENDER FORM (FIRST SHEET)
To,
The President of India,
Acting through
Divisional Railway Manager (WA),
Western Railway, Mumbai Central,
Mumbai -400008
1. I/We ______________________________________ (Tendrerers to fill the name

of their firm) have read the various conditions to tender attached here to and agree
to abide by the said conditions. I/We also agree to keep this tender open for
acceptance for a period as indicated in top sheet of the tender document 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 Western
Railway, at the rates quoted in the attached schedule and hereby bind
myself/ourselves to complete the work in all respects within the stipulated
completion period mentioned in the tender notice of the work.
2. I/We also hereby agree to abide by the General Condition of Contract corrected
upto Aug 98 with printed/advance correction slips up to no 4 and to carry out the
work according to the special conditions of contract and specifications of materials
and work as laid down by Railway in the annexed special conditions/specifications
and the Western Railway Works Hand Book Part-III,(1984 edition) corrected upto
printed/advanced correction slip number 9 dated 1.11.91, Sanitary Works
Handbook (1977 edition) corrected upto printed/advance correction slip number 1
dated 11.10.84, Schedule of Rates Part-I corrected upto printed/advance
correction slip number 2,3 dated 26.5.94&4.9.95,Schedule of Rates Part-II(1993
edition) corrected upto printed/advance correction slip number 1 dated 11.7.94, for
the present contract.
3. The requisite earnest money as specified in the tender notice 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:-
a. I/We do not execute the contract documents within 15 (Fifteen) days after
receipt of notice issued by the Railways that such documents are ready and
b. I/We do not commence the work within fifteen days after receipt of order to
that effect.
4. Until a formal agreement is prepared and executed, acceptance of this tender shall
constitute a binding contract between us subject to modifications as may be
mutually agreed to between us and indicated in the letter of acceptance of my/our
offer for this work.


WESTERN RAILWAY 10
MUMBAI DIVISION
TENDER FORM: (SECOND SHEET)
1. Instructions to Tenderers and Conditions of Tender

The following documents form part of contract:
a. Tender notice.
b. Information and instruction to the tenderers in the tender documents.
c. Tender form - First sheet and second sheet.
d. Special Conditions & additional special conditions and specifications in tender
documents.
e. Schedule of approximate quantities enclosed in tender documents.
f. Western Railway General Conditions of Contract (G.C.C.) (Revised edition-Aug
1998) as amended up to correction slip No 3. Copy of General Conditions of
Contract can be obtained on payment from the General Manager (Engg.)
Western Railway, Mumbai Central, Mumbai 400008.
g. Western Railway Works Hand Book, Part III (Revised 1984 Edition) with
correction slip issued up to correction slip No.9 dated 1-11-91 for standard
specifications and amendments to Works Hand Book Part-III under CTE-CCG’s
letter No.W.118/11/31/15 Vol. II (W7B) dated 25-30/8/93 and W.118/11/31/1
Vol. II dt. 18.8.93. Copy can be obtained on payment from the office of the
General Manager (E), Western Railway, Mumbai Central, Mumbai-400008.
h. Western Railway Schedule of Rates (S.O.R.) Part I (Revised 1993 Edition) with
correction slips issued up to correction slip No.3 dated 04-09-1995. The copy
can be obtained on payment, from Office of the General Manager (E), Western
Railway, Mumbai Central, Mumbai-400008.
i. Western Railway Schedule of Rates, Part II (Revised 1993 Edition) corrected
up to correction slip No.1 dated 11-7-94. The copy can be obtained on
payment, from the office of the General Manager (E), Western Railway,
Mumbai Central, Mumbai-400008.
j. Western Railway Sanitary Works Hand Book 1977 Edition with correction slips
issued up to No.1 dated 11-10-1984. Copy can be obtained on payment from
the General Manager (E), Western Railway, Mumbai Central, Mumbai-400008.
k. All general and detailed drawings pertaining to this work which will be issued
by the Engineer or his representative (from time to time) with all changes and
modifications.
2. Drawings for the work : Drawings for the work can be seen in the office of the Sr.
Divisional Enginer, Divisional Railway Manager’s office, Mumbai Central, Mumbai
400 008 at any time during the office hours. The drawings are only for the
guidance of tenderer (s). Detailed working drawings, if required, based generally
on the drawings mentioned above, will be given by the Engineer or his
representative from time to time.


WESTERN RAILWAY 11
MUMBAI DIVISION
3. The tenderer (s) shall quote his/their rates as a percentage above or below the
schedule of rates of the Western Railway as applicable except where he/they
is/are required to quote item rates and must tender for all the items shown in the
schedule of approximate quantities attached. The quantities shown in the attached
schedule are given as a guide and are approximate only and are subject to
variations according to the needs of the Railway. The Railway does not guarantee
work under each item of the schedule.
4. Tenders containing erasures and / or alterations of the tender documents are liable
to be rejected. Any corrections made by the Tenderer (s) in his / their entries must
be attested by him/them.
5. The works are required to be completed within the stipulated completion period
mentioned in the tender notice
6 EARNEST MONEY :
(a) The tender must be accompanied with requisite Earnest money mentioned in the
tender notice, deposited in cash or in any of the forms as mentioned below drawn
in favour of ‘Sr Divisional Finance Manager , Mumbai Central , Mumbai’ , Payable
at Mumbai., failing which the tender will be summarily rejected.
i) Deposit receipt, Pay orders and Demand drafts. These forms of earnest money
could be either of the State Bank of India or of any Nationalized Banks. No
confirmatory advice from the Reserve Bank of India will be necessary.
ii) Deposit receipt executed by the Scheduled Banks ( other than the State Bank
Of India and the Nationalized Banks ) approved by the Reserve Bank Of India
for the purpose. The Railway will not, however, accept, any such deposit
receipt without getting in writing the concurrence of the Reserve Bank Of India.
iii) The earnest money wherever it is deposited in cash should be remitted to the
Chief Cashier, Western Railway, Mumbai Central, Mumbai 400 020 and the
receipt obtained thereof should be enclosed with the tender as a proof of the
deposit of requisite earnest money. The earnest money should not be
deposited with Stations.
(b) Lumpsum/Standing Earnest money is not acceptable as EMD.
(c) The Tenderer(s) shall keep the offer open for a minimum period of validity as
mentioned in the top sheet of the tender document. It is understood that the tender
document has been sold/issued to the Tenderer(s) and the Tenderer(s) is / are
permitted to tender in consideration of the stipulation on his/their part that after
submitting his/their tender subject to the period being extended further if required
by mutual agreement from time to time, he will not resile from his offer or modify
the terms and conditions thereof in a manner not acceptable to Western Railway.
Should the Tenderer fail to observe or comply with the foregoing stipulation, the
amount deposited as Earnest Money for the due performance of the above
stipulation shall be forfeited to the Railway.


WESTERN RAILWAY 12
MUMBAI DIVISION
(d) If the tender is accepted, the amount of Earnest Money will be retained and
adjusted as Security Deposit for the due and faithful fulfillment of the contract. This
amount of Security Deposit shall be forfeited without prejudice to any other right or
remedies if the tenderer do not execute the contract agreement after acceptance
of the tender within 15 (Fifteen) days after receipt of notice issued by the Railways
that such documents are ready and or the tenderer do not commence the work
within fifteen days from date of issue of acceptance letter.
(e) The Earnest Money of the unsuccessful tenderer (s) will, save as here-in-before
provided, be returned to the unsuccessful tenderer(s) within a reasonable time but
the Railway shall not be responsible for any loss or depreciation that may happen
to the Security for the due performance of the stipulation to keep the offer open for
the period specified in the tender documents or to the Earnest Money while in their
possession nor be liable to pay interest thereon.
7. Rights of the Railway to deal with tender : 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 or any other tender and no tenderer(s) shall demand any
explanation for the cause of rejection of his/their tender nor does the Railway
undertake to assign reasons for declining to consider or reject any particular tender
or tenders.
8. If the tenderer(s) deliberately gives/give wrong information in his/their tender, or
creates/create circumstances for the acceptance of his/their tender, the Railway
reserves the right to reject such tender at any stage.
9. If the tenderer(s) expires after the submission of his tender or after the acceptance
of his tender, the Railway shall deem such tender as cancelled. If a partner of a
firm expires after the 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.
10. Income Tax Clearance Certificate : The tenderer(s) if possible , should also submit
along with their tender an authorised copy of the Income Tax Clearance Certificate
or a sworn affidavit duly countersigned by the Income Tax Office to the effect that
he has / they have no taxable income.


WESTERN RAILWAY 13
MUMBAI DIVISION
11. Tenderers credentials :- Documents testifying tenderers previous experience and
financial status should be produced along with the tender or when desired by
competent authority of Western Railway. Tenderer/s who has/have not carried out
any work so far on this Railway and whi is/are not borne on the approved list of
contractors of Western Railway should submit along with his/their tender credentials
to establish
(i) His capacity to carry out the works satisfactorily.
(ii) His financial status supported by bank references & other documents.
(iii) Certificates duly attested and testimonials regarding contracting
experience for the type of job for which tender is invited with list of works
carried out in the past.
13. Non compliance with any of the conditions set forth therein above is liable to result
in the tender being rejected.
14. Execution of Contract Documents : The successful tenderer(s) shall be required to
execute an agreement with the President of India acting through the Divisional
Railway Manager (Works account), Mumbai Central, Western Railway for carrying
out the work according to “General conditions of Contract “ Special conditions
/Specifications annexed to this tender, and specification for work and materials as
laid down in the “ Work Hand Book Part III ” and Sanitary Works hand book of
Western Railway as amended /corrected with correction slip mentioned in the
tender form (First Sheet).
15. Partnership deeds, Power of Attorney etc: 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.
16. The tenderer whether a sole proprietor, a limited company or a partnership firm, if
they want to act through agent or individual partner/partners should submit along
with the tender or at a later stage, a power of attorney duly stamped and
authenticated by a Notary Public, or by Magistrate in favour of the specific person
whether he/they be partner/partners of the firm or any other person specifically
authorizing him/them to submit the tender, sign the agreements, receive money,
witness measurements, sign measurement books, compromise , settle, relinquish
any claim or claims preferred by the firm and sign “ No Claim Certificate ” and refer
all or any disputes to arbitration.


WESTERN RAILWAY 14
MUMBAI DIVISION
17. Employment / Partnership etc. of Retired railway employees. :

(a) Should a tenderer be 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 pension able post or not, in the
Civil Engineering Department of any of the Railways owned and administered
by the President of India for the time being, or should a tenderer being
partnership firm have as one of its partners a retired engineer or retired
Gazetted officer as aforesaid , or should a tenderer being a incorporated
company have any such retired officer as one of its Directors, or should a
tenderer have in his employment any retired engineer or retired Gazetted
Officer as aforesaid , the full information as to the date of retirement of such
engineer or Gazetted Officer from the said service and in case when such
engineer or officer has not retired from government service at least two 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 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 liable to be rejected.
(b) Should a tenderer or contractor being an individual on the list of approved

contractors have a relative or relatives, or in the case of partnership firm or
company of contractors one or more of his shareholders or relatives of the
shareholders employed in a Gazetted capacity in the Civil Engineering
Department of the Western Railway , the authority inviting tenders shall be
informed of the fact at the time of submission of tender , failing which the
tender may be disqualified or if such fact subsequently comes to light, the
contract may be rescinded in accordance with the provisions in Clause 62 of
the General Conditions of Contract.


WESTERN RAILWAY 15
MUMBAI DIVISION
SPECIAL CONDITIONS OF CONTRACT PART -I (A) GENERAL
Salient Features of recent amendment of General Conditions of Contract vide Board’s

letter No. 2003/CE-I/CT/4/PT.I DT.12/16.5.06
1. EMD is now a flat rate of 2% of the tender cost.
2. Standing LSEM is dispensed forthwith. Separate EMD is to be submitted with each

tender.
3. Security deposit will be at a flat rate of 5% of the contract value. (See para 4 of
special conditions of contract Part-I (B).
4. A new clause of performance guarantee in the form of bank guarantee for 5% of the
contract value has been introduced. ( See para 5 of Special conditions of contract Part-I(B).


WESTERN RAILWAY 16
MUMBAI DIVISION
SPECIAL CONDITIONS OF CONTRACT (PART– I) (B) GENERAL.
1.0 GENERAL:
1.1 In these Special Conditions of Contract the following terms shall have the meaning
hereby assigned to them except where the context otherwise requires:
(a) "General Condition of Contract" shall mean General Conditions of Contract –1998
as contained in Western Railway, Engineering Department “Works Hand Book Part
I & II “ as amended vide correction slips mentioned in Tender form ) First Sheet.
(b) Standard Specifications shall mean "Western Railway specifications for materials
and Works – 1984 As laid down in Western Railway Works Hand Book Part III
1984) and Sanitary Works Hand book (1984), as amended vide correction slips
mentioned in Tender form (First sheet).
(c) Standard Schedule Items/Rates shall mean the Items/Rates in the Western
Railway Standard Schedule of Rates - 1993.
(d) All other terms shall have the same meaning as assigned to them in the General
Conditions of Contract and Standard Specifications.
1.2 Where there is any conflict in conditions/Specifications contained in various parts,

order of precedence will be as given below-
i. Any footnote given by the Railway in the schedule of quantities and rates.
ii. Description of item in the Schedule of Quantities and rates.
iii. Special Specifications.
iv. Additional Special Conditions/of Contract.
v. Standard Specifications.
vi. Special Conditions of Contract.
vii. General Conditions of Contract.
1.3 Where there is any conflict in the description, Unit, rate etc. of items based on
schedule of rates, as included in the “Schedule of items, Quantities and rate “
incorporated in the tender/Contract document on the one hand and the Standard
Schedule of Rates on the other hand, Standard schedule of rates should prevail.
2.0 Every endeavor has been made to avoid any error which can materially affect the
basis of the Tender and it is understood that the Contractor has taken upon himself
and provided for the risk of any error which may be subsequently and shall make
no subsequent claim on account thereof.


WESTERN RAILWAY 17
MUMBAI DIVISION
3. DEVIATIONS:
3.1 Unless specifically provided otherwise in the Tender, any and all exception
which the Tenderer may have to any of the Clauses of the Special
Conditions of Contract or the additional special condition of the contract as
included in the tender shall be clearly stated. Such exceptions shall be listed
in the format, enclosed with the tender as annexure A titled “Schedule of
deviation”. If the Tenderer has no exceptions, the annexure shall be
submitted with a “Nil” statement. If the tenderer does not include the
Annexure with the Tender it shall be conclusive evidence that the Special
Conditions of Contract and the Additional Special Conditions of Contract are
entirely acceptable to the Tenderer.
3.2 Any Deviations from these Special Conditions of Contract and the Additional
Special Conditions of Contract if any stated by the Tenderer in his Tender or
subsequently introduced by the Railway shall be a part of the Contract only to
such extent as have been explicitly accepted by the Railway and incorporated
in the contract.
4 SECURITY DEPOSIT:
4.1 Security deposit will be at a flat rate of 5% of the contract value.
4.2 The Earnest money deposit of successful tenderer will be retained as a part of
security deposit. The amount over and above the Earnest money so retained to
make up the full security deposit will be recovered from each running bill at the
rate of 10% of the bill amount till the full security deposit is recovered. The
balance to make up the full security deposit will be recovered only from the
running bills. Bank Guarantee, Fixed Deposit, Government securities etc.. will
not be accepted for Security deposit.
4.3 No interest shall be payable on security deposit.
4.4 Security deposit will be returned to the contractor after
(a) an unconditional and unequivocal `No claim certificate' is signed by the
contractor and submitted to the Railway Engineer.
(b) Certification by the contract signing authority but not less than the rank of a
JA grade officer (Concerned Sr.DEN in this case) for having completed
the work satisfactorily.
5 PERFORMANCE GUARANTEE.
(a) The successful tenderer shall give a performance guarantee in form of irrevocable
bank Guarantee (issued by SBI/ any nationalized/ Schedule banks) for an amount
equal to 5% of the contract value and valid up to the expiry of maintenance period
of the contract. This shall be furnished before signing the agreement and within a
period of 15 days from the date of letter of acceptance issued by the Railway and
shall be in the format as prescribed by the Railway Engineer.


WESTERN RAILWAY 18
MUMBAI DIVISION
(b) Performance guarantee will be released after satisfactory completion of work

and maintenance period. The procedure for the release of performance
guarantee will be the same as for Security deposit ie.after certification of
satisfactory completion of work as well as maintenance period by the contract
signing authority but not less than the rank of a JA Grade officer (concerned
Sr.DEN in this case) after receipt of an unconditional and unequivocal `No
claim certificate' duly signed by the contractor.
(c) Whenever the contract is rescinded, the security deposit will be forfeited and
performance Guarantee encashed and balance work shall be got done
separately & independently without any risk & cost on the original contractor.
The original contractor will however be debarred from participating in the
tender for executing the balance work. In case the failed contractor is a Joint
Venture or a partnership firm , then each member / partner of such firm would
be debarred from participating in the tender for the balance work either in
his/her individual capacity or as a partner of any other Joint venture/
partnership firm. The contractor cannot make any legal claims against the
same.
6. Renewal Of Deposits By Contractor:- The fixed deposit receipt submitted by the
successful tender as EMD will be converted into Security deposit and it shall be the
responsibility of the tenderer to advise, the Sr.Divisional Finance Manager, Mumbai
Central for renewal and revalidation of the currency period of the fixed deposit as
required. Such advice by the Contractor shall be made well in advance so as to reach
the Sr.Divisional Finance Manager, Mumbai Central not later than one month before
the maturity of the currency period. If the contractor, fails to do so, the loss of interest
on the fixed deposits, if any shall be solely on the contractor’s account and the railway
shall not in any way be responsible for the loss of interest suffered by the contractor.
7. Renewal of Bank Guarantee: - The Bank guarantee submitted towards performance
Guarantee shall be renewed from time to time as per the extension of contract granted
to the contractor either on Railway account or contractor account as otherwise the
same will be deducted in full from the dues of the contractor.


WESTERN RAILWAY 19
MUMBAI DIVISION
8. PLEA OF CUSTOM
The plea of custom prevailing will not on any account be permitted as an excuse for
an infringement of any of the conditions of the contract and/ or special conditions of
contract.
9. PARTNERSHIP DEEDS, POWER OF ATTORNEY ETC

Railway will not be bound by Power of Attorney granted by the tenderer or by the
changes in the composition of the firm made subsequent to the execution of the
contract. It may, however, recognise such powers of attorney and changes after
obtaining proper legal advice, the cost of which will be chargeable to the
contractor. These charges have been fixed at Rs. 100/- payable by the tenderer
at the time of submitting the power of attorney for scrutiny and legal advice.
If the power of attorney is not accepted, otherwise than for legal defect, the charges
will be refunded. If the Power of attorney is returned on account of legal defect
for correction, separate charges of Rs. 50/-(Rupees Fifty only) for scrutiny of
corrected power of attorney will be payable by the tenderer while resubmitting
power of attorney.
The same charges will be recoverable for scrutiny of all such documents.
No power of attorney in favour of any individual person will be acceptable if it is
irrevocable except when it is in favour of bank.
In case where the power of attorney/partnership deed has not been executed in Hindi
or English, the true and authenticated copies of the translation of the same by
advocate, authorised translators of Courts and Licensed petition writers should
be supplied by the contractor (s) while tendering for the work.
10. AGREEMENT: All expenses in drawing up the agreement and the cost of stamp
duty if any shall be borne by the Western Railway Administration.
11. CHANGE IN ADDRESS: Any change in the address of the contractor shall be
forthwith intimated in writing to the Railway. The Railway will not be responsible for
any loss/ inconvenience suffered by the Contractor on account of his failure to
comply with this.
12. INCOME TAX CLEARANCE CERTIFICATE :- The tenderer(s) if possible should
also submit along with their offer an authorized copy of the Income tax clearance
certificate or a sworn affidavit duly countersigned by the income tax office to the
effect that he has/they have no taxable income.
13. MEASUREMENTS: All measurements, method of measurement, meaning and
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 Matter” in terms of condition No. 63 of
General Conditions of contract.


WESTERN RAILWAY 20
MUMBAI DIVISION
14. ERRORS OMISSIONS AND DISCREPANCIES:

The tenderer/ contractor shall not take advantage of any misinterpretation of the
conditions due to typing or any other error and if any in doubt shall bring it to the
notice of the Engineer without delay. In case of any contradiction, only the printed
rules and books should be followed and no claim for the misrepresentation shall be
entertained.
15. DISSOLUTION OF CONTRACTOR’S FIRM: If the contractor’s firm is dissolved

due to death or retirement of any partner or for any reason before duly completing
the 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 Engineer and his decision in the matter shall be final and binding on
the Tenderer(s)/Contractor(s).
16. HANDING OVER WORK SITE: The site of work shall be handed over to the
contractor free of obstruction according to progress of work. Contractor however,
shall not have any claim whatsoever against the Railway for any delay in the
execution of the work, on this account except for extension of the completion
period under the General Conditions of Contract.
17. OCCUPATION AND USE OF RAILWAY LAND: Use of Railway land required by
the Contractor(s) for constructing temporary offices, quarters, hutments, etc., for
the staff and for storing materials, etc. will be permitted to him/them free by
Railway, if available. The location of these offices, hutments, stores, etc. will be
subject to the approval of the engineer or his representative. The land will be
restored to railway by the contractor(s) in the same condition as and when taken
over or in vacant condition as desired by the engineer, after completion of the work
or at any earlier day, as specified by the Engineer. The failure to do so will make
the contractor(s) liable to pay the cost incurred by the Railway for getting
possession of land. 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.
18. NOTICE TO PUBLIC BODIES: The Contractor(s) shall give to the municipality,
police and other authorities all notices that may be required by law and obtain all
requisite licenses for temporary obstructions, enclosures and pay all fees, taxes
and charge which may be leviable on account of his/their operations in executing
the Contract. He/they should make good any damage to adjoining premises
whether public or private and supply and maintain any lights, etc. required at night.


WESTERN RAILWAY 21
MUMBAI DIVISION
19. TRESPASS: The contractor shall at all times be fully responsible for any damage
or trespass committed by his agents or workmen in carrying out the work, even if
such trespass is authorized by the Engineer.
20. ACCESS TO WORK SITE: Contractor shall have acquainted himself with the
availability of roads and their condition for transportation of materials, machinery,
etc. to the work sites.
21. NIGHT WORK: Further to the provisions in the General Conditions of Contract
regarding execution of work between sunset and sunrise, if the Railway is satisfied
that the work is not likely to be completed in time except by resorting to night work,
by a special order the Contractor shall carry out the work at night without
conferring any right on the Contractor for claiming for extra payment for introducing
night working. The decision of the Engineer in this regard will be final and binding
on the Contractor.
22. PROCUREMENT OF MACHINERY BY CONTRACTOR: It is entirely contractor’s
responsibility and liability to find and procure all the machinery, tools and plants
and their spare parts that are required in connection with execution of work. Delay
in procurement of such items due to their non-availability or import difficulties or
any other cause, whatsoever shall not be taken as an excuse for slow progress or
non-performance of the work.
23. HIRE OF PLANTS, MACHINERY AND OTHER FACILITIES:
The contractor shall make his arrangements for all plants and machinery,
equipment’s, including spare parts, fuel and consumable stores and all
labour required to ensure efficient and methodical execution of the works.
The rates quoted and accepted shall be deemed to be inclusive of all
charges for such items.
Without any commitment on the part of the Railway to do so, on the
contractors request, the Railway may give on hire, plant and machinery,
other facilities , equipments and tools if available separable with the
Railway. The hire charges for such equipment will be as determine by the
Railway on the terms and condition specified by the Railway.
The hire charges will be payable from the day the plant is handed over to
the day it is returned to be Railway Administration. The Contractors shall
enter into a separate agreement with the Railway in this respect and the
terms and conditions as per the agreement will be final and binding on the
contractor.
In the event of a plant or equipment or facility given on hire to the Contractor
not being returned to the Railway in a reasonably good working
order/depreciation that it would have suffered for the period of hire, the
Railway reserves right to recover 1.5 times the cost of procurement at the


WESTERN RAILWAY 22
MUMBAI DIVISION
time issue or latest procurement rate in the division which ever is higher
increased by 7% freight & 12.5% supervision charges .
If, however, the plant and machinery/other facilities equipment’s and tools
requisitioned by the Contractor are not available in Railway stock or the
Railway decides not to supply the same for reasons whatsoever, neither the
Railway shall be bound to arrange for the supply thereof nor will be
Railway's inability to supply them be accepted as an excuse for delay in the
completion of the works/or for any claims thereof.
24. DAMAGE BY ACCIDENT/ FLOOD/ TIDES OR NATURAL CALAMITIES:

The Contractor shall take all precautions against damages from accidents, floods
tides or other natural occurrences. He shall not be entitled to any compensation for
his tools, plants, materials, machines and other equipment lost or damaged by any
cause whatsoever. The Contractor shall be liable to make good the damage to any
structure or part of a structure, plant or material of every description belonging to
the Railway covered under the Contract, lost or damaged by him due to any cause
during the course of execution of work. The Railway Administration will not be
liable to pay the contractor any charge for rectification or repair to any damage
which may have occurred from any cause what so ever.
25. DRAWINGS:
25.1 Figures and dimensions on Drawings shall supersede measurements by
scale and Drawing to a large scale shall take precedence over those to a
smaller scale. Special dimensions or directions in the specifications shall
supercedes all else.
25.2 The Railway reserves the right to alter/modify the drawings/designs to suit
site conditions. If due to changes in drawings or designs, there is any
increase/decrees in quantities in the items of schedule, payment shall be
made only for the actual quantities executed at the accepted rates. If there
is sufficient ground for granting extension to the completion period on this
account, the Railway will consider such request on the merit of each
individual case. Such circumstances shall in no way a fact or vitiate the
contract or alter the character thereof or entitle the contractor to damages
or compensation therefore.
26. SETTING OUT OF WORKS:
26.1 The Contractor shall be responsible for maintaining the accuracy of the
alignment, positions, levels and dimensions of the work in accordance with
the drawings, directions or instructions given to him from time to time and
every facility shall be given to the Engineer and or his Representative for
checking of the same. The Contractor at his own cost shall rectify any error in


WESTERN RAILWAY 23
MUMBAI DIVISION
the dimensions, alignment positions or levels of work set out or constructed
by him, to the satisfaction of the Engineer or his Representative.
26.2 The work shall be set out by the contractor to the satisfaction of the Engineer
or his representative but his approval thereto shall not ,nor shall his joining
with the Contractor in setting out the work, relieve the Contractor from his
entire and sole responsibility thereof.
26.3 Maintenance of Layout: The Contractor shall also provide, fix and be
responsible for the maintenance of all stakes, templates, profiles, levels,
marks, points etc. and must take all necessary precaution to prevent these
being removed, altered or disturbed and will be held responsible for the
consequence of such removal, alterations or disturbances should the same
take place and for their efficient reinstatement.
27. SUPPLY OF MATERIALS BY RAILWAYS:

27.1 Railway’s materials such as cement, steel bars, coils, plates, tie bars,
angles, channels, rails, roofing materials, glazing or any other item as
stipulated in the contract to be issued to the contractor for the work either
free of charge or on payment as the case may be, will be issued to him at
the Railway’s Depot nominated for the purpose and will have to be
transported by the Contractor to the site of work at his cost. Normally the
material shall be supplied from the godown of respective supervisor
incharge of the work. Railway’s obligation to supply materials under the
Contract is restricted only for permanent portion of work. The decision of the
Engineer regarding what constitutes a permanent portion of the work shall
be final and conclusive. All such materials will be used by the Contractor for
the work in such quantities as indicated in the Schedule of items, Quantities
& Rates or in the relevant Specification or Drawings or as approved by the
Engineer whose decision thereon shall be final and conclusive.
27.2 Wastage of or damage to such materials in any manner shall be avoided. If

any material issued become surplus to the requirement and not returned
in good condition immediately after completion of the work or if any quantity
of materials supplied by the Railway is consumed in excess or wasted or
damaged or lost or not satisfactorily accounted for recovery shall be made
for this material from the contractor towards the cost of material at double
the cost of procurement at the time issue or latest procurement rate in the
division which ever is higher increased by 7% freight & 12.5% supervision
charges .
27.3 Maximum of percentage of cut pieces which can be returned by the

contractor without any deduction should not be more than 5% of the quantity
issued when full length bars are supplied . Any excess over this quantity of


WESTERN RAILWAY 24
MUMBAI DIVISION
cut pieces, deduction at the rate of 50% of the recovery rate as worked out
in above sub para will be made.
27.4 In case the quantity of cement, steel or any other items issued by Railway
and actually used in the work is less than the quantity specified to be used,
the cost of cement, steel or any other such items not so used shall also be
recovered from the contractor at the rate stipulated in above Clause. This
action will be without prejudice to the rights of the Railway to take action
against the Contractor under the Contract for not doing the work according
to the prescribed specifications and approved Drawing.
27.5 In case of excess usage of Railway materials than those prescribed in SOR/
Specifications in tender documents/ works hand book part-III, recovery for
excess usage of Railway materials be made at double the cost of
procurement at the time issue or latest procurement rate in the division
which ever is higher increased by 7% freight & 12.5% supervision charges .
28 PRODUCTION OF TEST CERTIFICATES:

The contractor shall have to produce Test Certificates for any items of material
procured by him for use in the work as may be called for by the Engineer or his
representative to establish that the materials conform to the specification for the
works. The Contractor shall produce Test Certificates issued by an authority
acceptable to the Engineer in regard to the relevant properties of high tensile steel
wires, reinforcement steel or structural steel (as supplied and used by the
Contractor) including the country name of manufacturer) .
29 RATES:
29.1 The rates entered in the accepted Schedule of Quantities and Rates, are
intended to provide for works duly and properly completed as per contract
conditions and specifications for the whole of the work as described under
Scope and Details of work.
29.2 The contractor should note that the rates quoted shall accept as otherwise
provided in contact embrace all operations necessary for the satisfactory
completion of the work to finish and shall include all charges for handling,
loading, transport, lead, lift, labour housing, sanitation, materials, machinery,
tools and plants, fuel, electric power, workshop facilities, security, lighting
etc. all other expenses of every kind.
29.3 The rates as given for the different items of work are deemed to be
workable rates for the respective item of work without being dependent in
any manner whatsoever on the quantity specified against the concerned
item of work or on the rates and quantity specified for any other item of work
in Schedule of Quantities and Rates, part of the tender documents.


WESTERN RAILWAY 25
MUMBAI DIVISION
29.4 The rates quoted shall take into account the precautions and special
arrangements necessary for execution of works under traffic conditions, with
least disruption to traffic. No extra payment shall be admissible on this account
under any circumstances. Railway will however, arrange for blocks of traffic
during work only to the extent as considered sufficient for the works by the
Railways. The Contractor will not be entitled for any compensation, if there be
any delay in arranging these blocks or the block period be of shorter duration
as considered by the Contractor.
29.5 Service Roads: The contractor will be permitted to make use of the service
roads already existing in possession of the Railway. If construction of any
additional roads within Railway premises is considered necessary and agreed
to at contractors request ,the contractor will be required to make them at his
own cost and maintain them till the work is completed. Contractor shall
construct any service roads, required outside the Railway boundary, at his own
cost. Railway reserves the right to make use of service roads, made by the
contractor, as and when necessary without any additional payment to the
contractor. Any damages caused to the existing roads, due to use by
contractor, shall have to be made good by the contractor, at his own cost.
30 PAYMENT OF ROYALTY CHARGES: All taxes, royalty charges, etc. of whatever
nature in connection with the work including extraction and supply of rubble
stone/stone ballast/sand/moorum/earth or any other material used on the work shall
have to be borne by the Contractor. The Contractor will be required to obtain a royalty
clearance certificate from the concerned Revenue Authorities/Collector and produce
the same to the Engineer after completion of the supply but before release of the final
bill.
31 ROYALTIES AND PATENT RIGHTS:
31.1 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
patentee, licensee or other person or corporation and shall obtain all necessary
licenses.
31.2 The contractor shall indemnify, the Railway or any agent, servant or employee
of the Railway against any action, claim or proceedings relating to infringement
use of any patent or design any alleged patent or design rights and shall pay
any royalties or other charges which may be payable in respect of any articles
or materials or part thereof included in the contract. In the event of any claim
being made or action being brought against the Railway or any agent, servant
or employee of the Railway in respect of any such matters , as aforesaid, The
contractor shall indemnify notified thereof. Provided that such indemnify shall
not apply when such infringement has taken place in complying with the
specific direction issued by the Railway but the contractor shall pay any
royalties or other charges payable in respect of any such use.


WESTERN RAILWAY 26
MUMBAI DIVISION
32 EMPLOYMENT OF CIVIL ENGINEERING GRADUATE AND DIPLOMA HOLDERS:

32.1 The contractor shall employ the Engineer/Diploma holder,retired
P.way/works supervisor/officer as under. One Graduate Engineer when the
cost of the work to be executed is Rs.50 Lakhs and above.
1. Works cosing up to25 lakhs : One engineer/Supervisor.
2. Works costing more than 25 lakhs and up to 75 lakhs: Two
Engineers/Supervisors.
3. Works costing more than 75 lakhs: three Engineer/Technical
supervisors.
The contractor would be required to furnish the name,with complete bio-
data including the work experience of the Engineer/Supervisor to the
Divisional/Executive Engineer in charge of work. For his approval.
The technical supervisor given above shall be available at site during
the execution of the work to ensure quality, quantity of work as also ensure
safety at work site and that of the workers and whenever required by the
Engineer in charge to take instructions.
In case the contractor fails to employ the technical supervisor as
aforesaid, a sum of Rs. 10,000/- per Engineer/Supervisor per month will be
recovered from the contractor’s dues. The decision of Engineer-in –charge
as to the period for which the required technical supervisor was not
employed by the contractor and as to the reasonableness of amount thereof
to be deducted on this account shall be final and binding on contractor.
The Assistant Engineer shall record in the measurement book in
each running bill/final bill, the certificate to the effect that the contractor has
employed the requisite technical Engineer/supervisor as per the norms
stipulated in the contract and for his/their absence necessary recovery has
been made from the contractor’s bill.
32.2 If the contractor fails to appoint a suitable agent as directed by the Railway
Engineer, the latter shall have full power to suspend the execution of works,
until such date a suitable agent is appointed and the contractor shall be held
responsible for the delay so caused to this works. The successful tenderer shall
state the name of the technical supervisor along with him technical
qualification, while it may not be necessary for the technical supervisor to
reside at site, he should be available at the site of work during the working part
of the day. Normally no change in the technical personnel during the period of
construction would be acceptable to the Railway except under very special
circumstances. The Railway reserves the right to stop the work in case the
technical supervisor of tenderer is not available.
33 COMPLETION CERTIFICATE:
33.1 The work shall not be considered to have been completed in accordance with
the terms of contract, until the Engineer incharge shall have issued a certificate
in writing to that effect. No approval of materials or workmanship or approval of


WESTERN RAILWAY 27
MUMBAI DIVISION
any kind of work during progress or execution shall bind the Engineer incharge
or in any way prevent him from rejecting whole or a part of the work. The
Engineer incharge may with hold the issuance of the completion certificate, till
such time such alteration modifications and / or reconstruction have been
carried out ordered by him. All such alterations, modifications and / or
reconstruction shall be carried out by the contractor at his own cost.
33.2 After the work is completed, the contractor/s shall give notice of such
completion to the Engineer-in-charge and on receipt of such notice the
Engineer-in-charge shall have the work inspected and if there is no defect in
the works ,shall furnish the contractor/s with a certificate indicating the date
of completion. However, if there are any defects which in the opinion of the
Engineer-in-charge are rectifiable he shall inform the contractor/s the
defects noticed. The contractor/s after rectification of such defects shall
notify the Engineer-in-charge and then the Engineer-in-charge on his part
shall have it inspected again and issue the necessary completion certificate
if the defects are rectified to his satisfaction, and if not be shall inform the
contractor/s indicating defects yet to be rectified. The time cycle as above,
shall continue.
33.3 In case defects noticed by the Engineer-in-charge, or representative which

in his opinion are not rectifiable but otherwise acceptable at reduced
payment, work shall be treated as completed. In such case completion
certificate shall be issued by the Engineer-in-charge within 30 days
indicating the unrectifiable defects for which specified reduction in payment
is being made by him.
34 DEDUCTION FOR TAXES:

34.1 In respect of works, the contract value of which is more than Rs. 5000/-
each, a deduction of 2% on the gross payment from each of the contractor’s
bills shall be made in terms of Section 194 (c) of the Income Tax Act of
1961. Surcharge on Income Tax if applicable will also be deducted as per
the prevailing rates.
34.2 The Railway will deduct sales tax if leviable in a particular state where the
work is going on, the gross amount of each bill while making payment to the
contractor(s). The recovery shall be governed as per the guide lines & rates
prescribed by the concerned State Government..
34.3 All taxes as prescribed by Central or State Government from time to time
shall be applicable. The contractor shall be fully responsible for payments
of all such taxes without any liability of Railway administration. Deductions
towards such taxes shall be made from the payments of the contractor
in accordance with rules in force from time to time.


WESTERN RAILWAY 28
MUMBAI DIVISION
35 EXCISE DUTY OR ANY OTHER TAXES/DUTIES: The contractor shall bear full
excise duty, sales tax and / or any other taxes/ duties levied by State Government
and / or Central Government/Local bodies from time to time. This would be
entirely a matter between the contractor and the State / Central Government./Local
bodies. No claim, what so ever, on this account shall be entertained by Railways.
36 ROAD TAX CHARGES: Road Tax/Charges levied by Government for movement of

vehicles of contractor, used in transportation, shall be borne by the contractor and no
re-imbursement on this account will be made by the Railways.
37 FOREIGN EXCHANGE REQUIREMENTS: Any demand of foreign exchange for
importing of equipments and materials shall not be accepted.
38 SUPPLY OF WATER
38.1 The contractor shall be responsible for the arrangements to obtain water
necessary for his laborers engaged in execution of work. No arrangement will
be made by the Railway Administration for supplying water to the contractor
either for drinking purpose or execution of work. Rates quoted shall include the
cost of arranging water with all lead and lift.
38.2 Water available locally in wells, creeks or nallahs may be brackish water at
some locations. It should be noted that the brackish water shall not be used in
all classes of masonry, reinforced and plain cement concrete work. In addition,
water used for the above works shall be free from earthy, vegetable or organic
matter, oils, acids and alkaline substances in solution or in suspension and
impurities and shall be fit for drinking. Contractor shall have to arrange the
suitable for successful execution of the work.
39 SUPPLY OF ELECTRICITY:
39.1 The contractor has to make his own arrangements with the local Electricity
body for power supply required for carrying out the work including lighting
arrangements. The work may be required to be carried out round the clock, if it
is considered necessary by Engineer due either to requirement of the work or
for speeding up the progress of the work so as to adhere to the target date of
completion of all the items of the work.
39.2 The Contractor should also keep sufficient standby generators ready so that
the progress of work is not affected or stopped in the event of interruption in the
power supply due to power cut or any other failure. All these arrangements at
site including those required for lighting will have to be done by the Contractor
at his own cost. The rates quoted by the Contractor shall be deemed to
include cost of providing all the above arrangements including standby
generators. The Contractor shall however, be responsible for ensuring that
none of the statutory labours laws or electricity acts are infringed.
40 EMERGENCY WORKS: In the event of any accident or failure occurring in the
execution of work/ arising out of it which in the opinion of the Engineer requires


WESTERN RAILWAY 29
MUMBAI DIVISION
immediate attention, the Railway may bring its own workmen or other agency/agencies
to execute or partly execute the necessary work or carry out repairs if the Engineer-in-
charge considers that the contractor(s) is/are not in a position to do so in time without
giving any notice and charge the cost thereof, to be determined by the Engineer-in-
charge, to the contractor.
41 ENGAGING LOCAL LABOUR: The contractor shall engage local labour for
unskilled works, as far as practicable.
42 ANTI-LARVAL WORKS: During the execution of the works against this contract
the contractors shall be responsible for anti-larval work at his/their own cost.
43 NON-ITEMIZED WORKS: Where items not covered by the schedules are to be
executed the rates for such non-itemised works shall be negotiated before the
commencement of such work or got executed through any other agency at the
discretion of the Railway Administration.
44 TIME IS THE ESSENCE OF CONTRACT: Time being the essence of contract all
the works are required to be completed in all respect as stipulated by the Railway
within the completion date. Progress shall be maintained strictly in accordance with
program given by the Engineer-in-charge from time to time.
45 LEAD AND LIFT ON RAILWAY/CONTRACTOR’S MATERIALS: Unless
otherwise specified, no lead and lift for the contractor’s material is payable for the
works executed under this contract though there are separate SOR items for the
same.
46 CUTTING/UP ROOTING OF TREES: No extra rate shall be paid for cutting or up-
rooting trees but the contractor would be authorised to take away the tree
observing the forest laws of the land.
47 ACCEPTED RATES: The rates quoted by tenderer and accepted by the Railway
Administration shall hold good till the completion of the work and no additional,
individual claim shall be admissible on account of fluctuation in market rates,
increase in taxes any other levies/tolls etc.
48 OBSERVANCE OF BONDED LABOUR SYSTEM (ABOLITION ORDINANCE
ACT, 1975): The “Bonded Labour System (Abolition Ordinance, 1975)” would
apply to the present contract. The contractors shall duly observe the provisions
thereof.
47. SAFE METHODS:
47.1 The Contractor 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 C. If at any time, the
Railway finds the safety arrangements inadequate or method of working
unsafe, the Contractor shall take immediate corrective actions as directed
by the Engineer's representative. Any directions in the matter shall in no


WESTERN RAILWAY 30
MUMBAI DIVISION
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.
47.2 It is the responsibility of the Contractor to ensure safe loading,

transportation and unloading of materials and equipment etc. Any loss or
damage caused to adjacent Railway property will have to be made good by
the contractor at his/their own cost, failing which recoveries shall be effected
from the running bill of the contractor as per the Clause No. 13(iii) of the
General Conditions of Contract.
47.3 The liability arising out of accidents, if any, to persons will be met by the
contractors and the Railway will not be responsible for any damage or
compensation thereof. The contractor shall follow the provisions laid down
in Contract Labour Act, 1972.
47.4 The contractor shall be entirely responsible for ensuring safety of his labour,
vehicles, plant or equipment while working along or near the track and
highways and shall programme his working so as not to interfere with the
movement of trains and road traffic. No extra payment shall be allowed to
the contractor for all safety precautions to be observed during the execution
of the work. The cost of all such precautions shall be deemed to be included
in the rates for all items of the schedule.
48. PROGRAMME AND COMPLETION PERIOD:

48.1 Since, time is the essence of the contract, the tenderer shall note than in the
event of his tender being accepted he should be in a position to commence
the work immediately and shall complete the same in all respect within the
completion period mentioned in the tender documents from the date of
issue of acceptance letter whatever be the date of execution of work order
or agreement.
48.2 It shall be obligatory for the tenderer to submit his programme of work and
time schedule as to how he proposed to complete the work within stipulated
time.
48.3 Within 10 days of the acceptance of the tender and before the work is
commenced, the contractor shall have to submit a detailed programme for
each major element of the work for approval of the Engineer. The
programme shall clearly provide for and indicate the time required for the
preliminaries before starting the work and shall indicate the dates of
commencement and completion of the various sections of the work.


WESTERN RAILWAY 31
MUMBAI DIVISION
48.4 The agreement or the approval of the programme by the Engineer shall not
relieve the contractor of any of his responsibilities to complete the whole by
the prescribed time.
48.5 If the work does not commence within specified date of starting or if at the
subsequent time the rate of execution falls below the specific programme as
indicated above, the Railway Administration will have the power to
determine the end of the contract at any stage without incurring any liability
on the part of the Railway Administration for any sort of compensation for
the money invested by the contractor (s) or the loss incurred by him/them
due to such termination of the contract. In all cases of incomplete work,
either by termination of contract by the Railway Administration under
consideration stated above or due to failure on the part of contractor(s) to
complete the work within stipulated date of completion of Agreement the
Railway shall be entitled to :-
i) Forfeit the whole of such portion of the security deposit as it may
consider
ii) Encash the bank guarantee furnished as Performance Guarantee.
iii) Execute the balance work independently without risk and cost of the
original contractor. The original contractor however will be debarred from
participating in the tender for executing the balance work. In case the
failed contractor is a Joint Venture or a partnership firm , then each
member / partner of such firm would be debarred from participating in
the tender for the balance work either in his/her individual capacity or as
a partner of any other Joint venture/ partnership firm. The contractor
cannot make any legal claims against the same.
49. PROGRESS OF WORK:

49.1 The contractor shall submit to the Engineer a monthly report giving progress
of works by the third of the following month.
49.2 It shall be ensured that the works are carried out according to the agreed
programme and no change are made except with the prior approval or at
the instance of the Engineer.
50. MAINTENANCE PERIOD:

50.1 The tenderer/s shall be required to maintain the work effectively for a period
of six months from the date of completion as per Clause No.47 of the
General Conditions of Contract of Western Railway and bank guarantee for
performance guarantee will not be released until maintenance period is
completed.
50.2 However, for a zonal work, the maintenance period shall be three months
for each work order.


WESTERN RAILWAY 32
MUMBAI DIVISION
50.3 To cover up monsoon period, the maintenance period will be extended in

cases when required and contractor shall remain responsible for
maintenance for this extended period also. The contractor shall make good
and remedy at his own expense within such period as may be stipulated by
the Engineer, any defect which may develop or may be before the expiry of
this period and intimation of which has been sent to the contractor within
seven days of the expiry of the said period by a letter, sent by hand delivery
or by registered post. In case the contractor fails to make adequate
arrangements to rectify the defects within seven days of the receipt of such
notices, the Engineer without further notice may make his own arrangement
to rectify the defects and the cost of such rectification shall be recovered
from the Security Deposit of the contractor or from any other money due to
the contractor under this or any other contract.
51 VARIATION IN QUANTITIES:
51.1 Variation in individual items

The variation in quantity for each individual item of the contract would be up to
50% of the quantity originally contracted except in case of foundations & earthwork
where quantities are likely to vary more. The tenderer/s are bound to carry out the
work at the agreed rates and shall not be entitled to any claim or compensation
what so ever up to the limit of 50% variation in quantity of individual items of works.
51.2 Variation in overall value of contract agreement

(a) Contractor has to execute work up to (+25%) of the value of the original
contract agreement at the agreed rates and shall not be entitled to any claim
or compensation what so ever. For variation beyond (+25 %) of the contract
value and up to 50 % of the contract value , the reductions in rates will be
applicable as indicated below.
(b) For the first 15% increase in the value beyond 25% of agreement value, the
rates will have a reduction of 2% in the incremental value of the agreement
and for the next 10% increase in the value, the rates will have an additional
reduction of 2% in the further incremental value of the agreement.
(c) Execution of the quantities beyond (+) 50% of the overall agreement value will
not be permitted and if found necessary by the Railway administration will
only be, through fresh tenders or by negotiating fresh rates with the
contractor.
.


WESTERN RAILWAY 33
MUMBAI DIVISION
52. RESTRICTIONS ON ARBITRATION CLAUSES:

52.1 The provisions of the Clauses 63 and 64 of General Conditions of Contract
will be applicable only for settlement of claims or disputes between the
parties for value less than or equal to 20% of the value of the contract.
When claims or disputes are of value more than 20% of the value of the
contract, provisions of clauses 63 and 64 and other relevant clauses of
General Conditions of Contract will not be remedy for settlement of such
disputes.
52.2 The contractor shall not be entitled to ask for reference to arbitration before
the completion of the work assigned to him under this contract.
52.3 The contractor shall seek reference to arbitration to settle the disputes only
once within the ambit of the above conditions.
52.4 These special conditions shall prevail over existing clauses 63 and 64 of
General Conditions of Contract.
53. JURISDICTION OF COURTS: If any dispute arises between the parties with respect
to this contract, any application or suit shall be instituted only in the court within the
local limits of whose jurisdiction, the Western Railway Divisional Headquarters Office
is situated and both the parties shall be bound by this clause.
54. INSPECTION REGISTER AND RECORDS:
54.1 The Contractor/s shall maintain accurate records, plans and charts showing
the dates and progress of all main operations and the Engineer shall have
access to this information at all reasonable times. Records of tests made shall
be handed over to the Engineer/s representative after carrying out the tests.
The following registers will be maintained at site by the Contractor/s.
54.2 Site Order Register: The Contractor/s shall promptly acknowledge by putting
his signature in the site order against any order given therein by the Engineer
or his representative or his superior officers and comply with them. The
Compliance shall be reported by the Contractor/s to the Engineer in good
time so that it can be checked.
54.3 Labour Register: This register will be maintained to show daily strength of
labour in different categories employed by the Contractor/s.
54.4 LOG book of events: All events are required to be chronologically logged in
this book shift wise and date wise.
54.5 Cement & steel registers shall be maintained by the contractor
54.6 Any other register considered necessary by the Engineer, shall be maintained
at site in which the representative of the Engineer and the Contractor will
have to sign. The register proforma, charts, etc. will be property of the
Railway.


WESTERN RAILWAY 34
MUMBAI DIVISION
55. PRICE VARIATION CLAUSE: No.PVC clause shall be applicable in this contract
56. USE OF CONTRACTOR'S VEHICLE & EQUIPMENTS BY THE RAILWAY
DURING EMERGENCIES
All the available vehicles and equipments of the contractor can be drafted by the
Railway Administration in case of accidents/natural calamities involving human
lives. The payment for such drafting shall be made according to the rates as shall
be fixed by the Engineer. However, if the contractor is not satisfied with the
decision of the Engineer in this respect he may appeal to the Chief Engineer within
30 days of getting the decision of the Engineer, supported by analysis of the rates
claimed. The Chief Engineer’s decision after hearing both the parties in the matter
would be final and binding on the contractor and the Railway”.
57. SEASON TICKETS FOR THE LABOURERS OF CONTRACTOR IN MUMBAI AREA
The contractor will pay and purchase season tickets/ticket for the labourer/s for
traveling by train from place of living to place of work and back on Mumbai area
as per Railway’s extant rule.
58. NONCOMPLAIANCE WITH INSTRUCTIONS/DIRECTIVES OF ENGINEER’S
REPRESENTATIVE.
The contractor shall always comply with the instructions/directives issued by the
Engineer’s representative from time to time. In event of any non-compliance with
such instructions/directives, apart from and in addition to other remedies available
to the Railway. The Engineer’s representative may employ Railway’s workmen with
necessary equipments and recover cost of such deployment at the rate of Rs. 20
per man hour employed by the Railway irrespective of the type & grade of the
Railway employee in addition to the hire charges for the equipments used. The
decision of the Railway Engineer in this regard will be final & binding upon the
contractor.
59. PERSISTANT NON-COMPLAIANCE OF INSTRUCTIONS/DIRECTIVES OF
ENGINEER’S REPRESENTATIVE.
If the contractor does not comply with the instructions/directives of the Engineer’s
representative, apart from and in addition to other remedies available to the
Railway and without prejudice to the Railway’s rights in this regard, the Engineer’s
representative (which for the purpose of this clause shall exclude the Sectional
Engineer) can suspend the contractor’s work till the Engineer’s representative is
satisfied that the contractor is in a position/will comply with the
instructions/directives issued by the Engineer’s representative. The decision of the
Railway Engineer’s representative in this regard will be final and binding upon the
contract. The contractor shall not have any claim what so ever against the Railway
for such short/long term suspension of the contract work. During the period of
suspension, the contractor shall not in any manner attempt to carry out the work at
works site. Any such attempt by contractor will be deemed to be an unauthorised


WESTERN RAILWAY 35
MUMBAI DIVISION
work and contractor will be liable for further action under the relevant provisions of
the “Indian Railway Act”.
60. CLEARANCE OF DEBRIS FROM SITE OF WORK

Debris, earth etc.. in works site shall be removed from the site of work and taken away
out of Railway’s land limit by the contractor at his/their own cost progressively as
instructed by the Railway Engineer or his representative. Penalty for non compliance
will be made at 50% of the previous accepted rates per cum for quantity not removed
as assessed by the Railway Engineer or his representative (which will be final &
binding upon the contractor) from each running bill. The rate of recovery as decided by
the Railway Engineer will also be final & binding upon the contractor. Penalty
recovered will not absolve the contractor from not removing the debris/earth and has
to be removed by the contractor at his/their own cost failing which Railway will be at
liberty to carry out the work departmentally or through any other agency and recover
1.5 times the cost incurred by the Railway for the removal which will be in addition to
penalty imposed. However if payments are being made for dismantling works and
separate item of removal of debris is available in the contract, the extant of payment
that will be made in the NS item of removal of debris will be limited to the dismantling
quantities. However if no item is available in the contract for removal of debris, the rate
quoted by contractor will be deemed to be inclusive of cost of removal of debris and
nothing what so ever will be paid extra.
Debris to be disposed from upper floors shall be brought down by head leading or
through hoists installed by contractor and shall not be thrown from above the floors to
the ground below.
61.AMENDMENT TO PARA 62 OF GCC.

Para 62.1- No change in clauses (i) to (xiii) and in para (xiii) (A) and (B) sub clauses
(a) to (e).
The para after (e) may be read as under.
Then and in any of the said cases, the Engineer on behalf of the Railway may serve
he Contractor with a notice (Performa at Annexure-III) in writing to that effect and if the
contractor does not within seven days after the delivery to him of such notice proceed
to make good his default in so far as the same is capable of being made good and
carry on the work or comply with such directions as aforesaid to the entire satisfaction
of the engineer, the railway shall be entitled after giving 48 hour notice ( Performa at
Anexure (IV) in writing under the hand of the engineer to rescind the contract as a
whole or in part or parts (as may be specified in such notice).
The sentence “ and adopt either or both of the following courses read with provision (x)
and (y) stands deleted.
Para 62.2 :- No change in sub clauses (a) and (b).

The following line should be added at the end of subclause (2) (c).


WESTERN RAILWAY 36
MUMBAI DIVISION
The legitimate amount due to the contractor after making necessary
deductions and certified by the engineer should be released expeditiously.
Sub Clause (d) stands deleted.
62. Arbitration clause under para 63 & 64 of GCC amended vide correction slip No.3 is
reproduced below :-
CLAUSE 63 & 64 OF GENERAL CONDITIONS OF CONTRACT (GCC) BEEN
REVISED IN VIEW OF THE PROMULGATION OF THE ARBITRATION
CONCILIATION ORIDINANCE 1996.REVISED ARBITRATION CLAUSE IS AS
FOLLOWS: -
63 Matters finally determined by the Railway – All the disputes and differences of
any kind whatsoever arising out of or in connection with the contract, whether during
the progress of the work or after its completion and whether before or after the
determination of the contract, shall be referred by the contractor to the GM and the
GM shall within 120 days and after receipt of the Contractor’s representation make
and notify, decisions on all matters referred to by the contractor in writing provided
that matters for which provision has been made in clauses 8 (a), 18, 22(5), 39, 43(2),
45 (a), 55, 55-A(5), 57, 57A, 61 (1), 61(2) and 62 (1) to XIII (b) of General Conditions
of Contract or in any clause of the special conditions of the contract shall be deemed
as excepted matters (matters not arbitral) and decisions of the Railway authority,
thereon shall be final and binding on the contractor provided further that ‘excepted
matters’ shall stand specifically excluded from the purview of the arbitration clause.
64(1) (i) - Demand for arbitration :

In the event of any dispute or difference between the parties hereto as to the
construction or operation of this contract, or the respective rights and liabilities of the
parties 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
entitles 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’ 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 referrr3d to arbitration.
64(1)(ii)
The demand for arbitration shall specify the matters, which are in question or
subject of the dispute or difference, as also the amount of claim item wise. Only
such dispute(s) or difference (s) in respect of which the demand has been made,
together with counter claims or set off, given by the Railway shall be referred to
arbitration and other matters shall not be included in the references.
64(1)(ii)
a) The Arbitration proceeding shall be assumed to have commenced from the day,
a written and valid demand of or arbitration is received by the Railway.


WESTERN RAILWAY 37
MUMBAI DIVISION
b) The claimant shall submit his claim stating the facts supporting the claims along
with all relevant documents and the relief or remedy sought against each claim
within a period of 30 days from the date of appointment of the Arbitral Tribunal.
c) The Railway shall submit its defence statement and counter claim(s), if any,
within a period of 60days of receipt of copy claims from Tribunal thereafter
unless otherwise extension has been granted by Tribunal.
(d) Place of arbitration: The place of arbitration would be within the geographical
limits of the division of the Railway where the cause of action arose or the
headquarters of the concerned Railway or any other place with the written
consent of both the parties. 64(1)(iii) No new claim shall be added
during proceedings by either party. However, a party may amend or
supplement the original claim or defence thereof during the course of arbitration
proceedings subject to acceptance by Tribunal having due regard to the delay
in making it.
64(1) (iv)
If the contractor(s) does/do not prefer his/their specific and final claims in writing,
within a period of 90 days of receiving the intimation from the Railways that the final
bill is ready for payment, he/they will be deemed to have waived his/their claim(s)
and the Railway shall be discharged and released of all liabilities under the contract
in respect of these claims.
64(2)
Obligation during pendancy of arbitration – work under the contract shall, unless
otherwise directed by the Engineer, continue during the arbitration proceedings and
not account of such proceedings provided however, it shall be opened for Arbitral
Tribunal to consider and decide whether or not such work should continue during
arbitration proceedings.
64(3)(a) (i)
In cases where the total value of all claims in question added together does not
exceed Rs. 10,00,000/- (Rs. Ten lacs only) the arbitral tribunal shall consist of a
sole arbitrator who shall be a gazetted officer of Railway not below JA grade
nominated by the General Manager. The sole arbitrator shall be appointed within 60
days from the day when a written and valid demand for arbitration is received by
GENERAL MANAGER, WESTERN RAILWAY..
64(3) (a) (ii)
In cases not covered by Clause 64 (3) (a) (i), the Arbitral Tribunal shall consist of a
panel of three Gazetted Rly. Officers not below JA Grade, or 2 Rly. Gazetted officers
not below JA Grade and a retired Railway officers not below the rank of SAG officer,
as the arbitrators. For this purpose, the Railway will sent a panel of more than 3
names of Gazetted Rly. Officers of one or more departments, of the Rly. which may


WESTERN RAILWAY 38
MUMBAI DIVISION
also include the names(s) of retired Railway Officer’s) empanelled to work as railway
Arbitrator to the contractor within 60days from the day when a written and valid
demand for arbitration is received by the GM. Contractor will be asked to suggest to
General Manager atleast 2 names out of the panel for appointment as contactor’s
nominee with in 30 days from the date of dispatch of request by Railway. ‘ The
General Manager shall appoint at least one out of them as contractor’s nominee and
will also simultaneously appoint the balance number of arbitrators either from the
panel or from outside the panel, duly indicating the presiding arbitrator, from
amongst the 3 arbitrators so appointed. GM shall complete this exercise of
appointing the Arbitral Tribunal within 30 days from the receipt of the names of
contactor’s nominee. While nominating the arbitrators it will be necessary to ensure
that one of them is from the Account Department. An officer of selection grade of
the Accounts Department shall be considered of equal status to the officers in SA
grade of other department of the Railway for the purpose appointment of arbitrators.
64(3) (a) (iii)

If one or more of the arbitrators appointed as above refused to act as arbitrator.
Withdraws form his office as arbitrator, or vacates his/there office/offices or is/are
unable or unwilling to perform his functions as arbitrator for any reason whatsoever
or dies or in the opinion of the General Manager fails to act without undue delay, the
General Manager shall appoint new arbitrator/arbitrators to act in his/their place in
the same manner in which the earlier arbitrator/arbitrators had been appointed.
Such reconstituted Tribunal may at its discretion, proceed with the reference from
the stage at which it was left by the previous arbitrator(s) from the stage at which it
was left by the previous arbitrator(s).
64(3) (a) (iv) The arbitral Tribunal shall have power to call for such evidence by
way of affidavits or otherwise as the Arbitral shall think proper and it shall be the duty
of the parties hereto to do or cause to be done all such things as may be necessary
to enable the Arbitral Tribunal to make the award without any delay. The arbitral
tribunal should record day to day proceedings. The proceedings should normally be
conducted on the basis of documents & written statements.
64(3) (a) (v)

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


WESTERN RAILWAY 39
MUMBAI DIVISION
64(3)(b) (i) The arbitral award shall stage item wise, the sum and reasons upon
which it is based. The analysis & reasons shall be detailed enough so that the award
could be inferred there from.
64(3)(b) (ii)
A party may apply for corrections of any computational errors, any
typographical or clerical errors or any other error of similar nature occurring in the
award and interpretation of a specific point of award to tribunal within 60 days of
receipt of award.
64(3)(b)(iii)
A party may apply to tribunal within 30 days of receipt of award to make an
additional award as to claims presented in the arbitral proceeding but omitted from
the arbitral award.
64.4
In case of the Tribunal, comprising of three members, any ruling or award shall be
made by majority of member of Tribunal. In the absence of such a majority the
views of the Presiding Arbitrator shall prevail.
64.5
Where the arbitral award is for the payment of money for interest shall be payable
on whole or any part of the money for any part of the money for any period till the
date on which the award is made.
64.6
The cost of arbitration shall be borne by the respective parties. The cost shall
inter-alia includes fees of the arbitrator (s) as per the rates fixed by the Rly.
Administration from time to time & the fee stall be borne equally by both the parties,
further the fee payable to the arbitrator(s) would be governed by the instructions
issued on the subject by Railway Board from time to time irrespective of the fact
whether the arbitrator(s) is/are appointed by the railway administration or by the
court of law unless specifically directed by Hon’ble court /otherwise on the matter.
64.7
Subject to the provisions of the aforesaid Arbitration and conciliation Act, 1996 and
the rules there under and any statutory modifications thereof shall apply to the
arbitration proceedings under this clause.
-End of amended clause No.63 & 64 of GCC-
62. UNDERTAKING TO ABIDE BY CONDITIONS OF CONTRACT.

I/We agree to execute the above work as per special conditions laid down above.


WESTERN RAILWAY 40
MUMBAI DIVISION
ANNEXURE - A
STATEMENT OF DEVIATION
(Pl .refer Cl.3 of special conditions part-I (General) of the Tender documents)
Sr. Part Clause Railway Proposed Clause Reason/ Remarks

No (SSC or No. Clause for deviation.
ASCC &SS


WESTERN RAILWAY 41
MUMBAI DIVISION
ANNEXURE-B
SAFETY RULES
1. PRECAUTIONS WHILE WORKING IN THE VICINITY OF TRACK:

The contractor shall not allow any road vehicle belonging to him or his suppliers
etc., to ply in railway land next to the running line. If for execution of certain works
viz. Earthwork for parallel railway line and supply of ballast for new or existing rail
line gauge conversion etc. road vehicles are necessary to be used in railway land
next to the railway line, the contractor shall apply to the engineer incharge for
permission giving the type and no. of individual vehicles, names and license
particulars of the drivers, location, duration and timings for such work/movement.
The engineer-incharge or his authorised representative will personally counsel
examine & certify, the road vehicle drivers, contractor’s flagmen and supervisor
and will give written permission giving names of road vehicle drivers, contractor’s
flagmen and supervisor to be deployed on the work, location, period and timing of
the work. This permission will be subject to the following obligatory conditions:
(i) The road vehicles and drivers will ply only between sunrise and sunset.
(ii) Nominated vehicles and drivers will be utilized for work in the presence of at
least one flagman and one supervisor certified for such work.
(iii) The vehicles shall ply 6m. clear of track. Any movement/work at less than 6m
and upto minimum 3.5 clear of track centre, shall be done only in the presence
of railway employee authorised by the Engineer-incharge. No part of the road
;vehicle will be allowed at less than 3.5m from track centre . Cost of such
railway employee shall be borne by the railway.
(iv) The contractor shall remain fully responsible for ensuring safety & in case of
any accident, shall bear cost of all damages to this equipment & men and also
damages to railway and its passengers.
(v) Semi permanent fencing as approved by the Railway Engineer should be
provided by the contractor at his own cost along the running line at a distance
of 3.5 metres from the centerline of the nearest track at work sites where
vehicles/machineries are likely to ply close to the track. This fencing should
remain in position till the vehicles/machinery are required to work adjacent to
running line.
Engineer-inch rage may impose any other condition necessary for a particular work
or site.
2. Suitable scaffolds should be provided for workmen for all works that cannot safely
be done from the ground or from solid construction except for such short period
work as can be done safely from ladders. when a ladder is used an extra labour
shall be engaged for holding the ladder and if the ladder is used for carrying
materials as well, suitable foot holds and hand-holds shall be provided on the
ladder and the ladder shall be given an inclination not steeper than 1/4 to 1 (1/4
horizontal to one vertical).


WESTERN RAILWAY 42
MUMBAI DIVISION
3. Scaffolding or staging more than 3.5 meters above the ground or floor, swung or
suspended from an overhead support or erected with stationary support shall have
a guard rail properly attached bolted, braced and otherwise secured at least 1
meter high above the floor or platform or staging and extending along the entire
length thereof with only such opening as may be necessary for the delivery of
materials. Such scaffolding or staging shall be so fastened as to prevent it from
swaying from the building or structure.
4. Working platform gangways and stairways should be so constructed that they

should not sag unduly or unequally, and where the height of the platform or the
gangway or the stairway is more than 3.5 meters above ground level or floor level,
they should be closely boarded, should have adequate width and should be
suitably fastened as described in the para above.
5. Safe means of access shall be provided to all working platform and other working
places. Every ladder shall be securely fixed. No portable single ladder shall be
over 10 metres in length while the width between side rails in swung ladder shall in
no case be less than 300 mm for ladders upto and including 3.5 metres in length.
For longer ladders this width should be increased by at least 20 mm for each
additional metre of length. Uniform steps spacing shall not exceed 300 mm.
Adequate precautions shall be taken to prevent danger from electrical
equipments. No materials on any of the sites of work shall be so stacked or placed
as to cause danger or inconvenience to any persons or the public. The contractor
shall provide all necessary fencing and lights to protect the public from accident
and shall be bound to bear the expenses of the defense. of every suit, action or
other proceeding at Law that may be brought by any person for injury sustained
owing to neglect of the above precautions and to pay any damages and cost
which may be awarded in any suits, action or proceedings to any such persons or
which may with the consent of the contractor be paid to compromise any claim by
any such persons.
6. Demolition: Before any demolition is commenced and also during the process of
the work:
a) All roads and open areas 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 explosion or flooding;
d) No floor, roof or other part of the building shall be so overloaded with debris
or materials as to render it unsafe.


WESTERN RAILWAY 43
MUMBAI DIVISION
7. All necessary personal safety equipment as considered adequate by the Engineer

should be kept available for the use of the persons employed on 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 those concerned.
In addition,
a) workers employed on mixing asphalted materials, cement and lime mortar

shall be provided with protective goggle.
b) workers engaged in white-washing and mixing or stacking of cement bags
or any materials which is injurious to the eyes shall be provided with
protective goggles;
c) workers engaged in welding works shall be provided with protective
goggles;
d) stone breakers shall be provided with protective goggles and protective
clothing and seated at sufficiently safe intervals.
8. The contractor shall submit the methodology proposed to be adopted for execution
of works for approval of the Railway Engineer with a view to ensure safety of
trains, passengers & workers and he shall also ensure the methods and
arrangements are actually available at site before start of work and contractor’s
supervisors and workers have clearly understood the safety aspects and
requirements to be adopted / followed while executing the work.
9. The contractor shall maintain an assurance register at each site, which shall be got
signed by both Railway supervisor as well as contractor’s supervisor in token of
their having understood the safety precautions to be observed at site.


WESTERN RAILWAY 44
MUMBAI DIVISION
ANNEXURE - C
FORM OF GUARANTEE BOND FOR PERFORMANCE GUARANTEE
BANK GUARANTEE BOND
The President of India,

Through the Divisional Railway Manager (Works),
Western Railway,
Divisional Railway Manager’s Office,
________ Division.
In consideration of the President of India (hereinafter called “the Government”)

having agreed to accept from _________________ (hereinafter called “the said
Contractor/s), under the terms and conditions of an Agreement/Acceptance letter dated
___________ made __________ between _____________________ and
_______________________ (hereinafter called “ the said Agreement”) the Performance
Guarantee for the due fulfillment by the Contractor/s of the terms and conditions in the
said Agreement on production of Bank Guarantee for Rs ______________________ (Rs.
________________________________ only) we, __________________________
(indicate the name of the Bank hereinafter referred to as “the Bank) at the request of
_______________________ contractor/s do hereby undertake to pay the government an
amount not exceeding Rs. ___________ against any loss or damage caused to or
suffered by or would be caused to or suffered by the Government by reason of any
branch by the said Contractor (s) of any of the terms or conditions contained in the said
Agreement.
2. We _________________________ (indicate the name of the Bank) do hereby

undertake to pay the amounts due and payable under this guarantee without any demur,
merely on demand from the Government stating that the amount claimed is by way of loss
or damage caused to or suffered by the Government by reason of breach by the said
contractor/s of any of the terms or conditions contained in the said agreement or by
reason of the contractor/s failure to perform the Agreement, any such demand made on
the bank shall be conclusive as regards the amount due and payable to 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 notwithstanding

any dispute or disputes raised by the contractor(s)/supplier (s) in any suit or proceeding
pending before any Court or Tribunal relating thereto our liability under this present being
absolute any 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)/suppliers (s) shall
have no __________ against us for making such payment.


WESTERN RAILWAY 45
MUMBAI DIVISION
4. We, ________________________________ (indicate the name of the bank)
further agree that the guarantee herein contained shall remain in full force and effect
during the period that would be taken for the performance of the said Agreement,
including Maintenance/Warrantee Period, and that it shall continue to be enforceable till
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 Railway certifies that the terms and conditions of the
Agreement have been fully and property carried out by the said Contractor (s) and
accordingly discharged this guarantee, unless a demand or claim under this guarantee is
made on us in writing on or before the ________________________________________
we shall discharged from all liability under this guarantee thereafter.
5. We, ________________________________ (indicate the name of the Bank)

further agree with the Government that the Government shall have the fullest liberty
without our consent and without affecting in any manner our obligations hereunder to vary
any of the terms and conditions of the said agreement or to extend time of performance
by the said contractor (s) from time to time or to postpone from any time or from time to
time any of the powers exercisable by the Government against the said contract and to
forebear or enforce any of the terms and conditions relating to the said agreement and we
shall not be relieved from our liability by reason of any such variation, or extension being
granted to the contractor/s or for any forbearance act or omission on the part of the
Government or indulgence by the Government to the said contractor(s) or such any
matter or thing whatsoever which under the law relating to sureties would, but for this
provision, have effect of so relieving us.
6. This Guarantee will not be discharged due to the change in the constitution of the
bank or the Contractor (s) Supplier (s).
7. We, __________________________ (indicate the name of Bank) undertake not to

revoke this guarantee during its currency except with the previous consent of the
Government in writing.
Date this ________________ day of __________ 2005.
For ______________________
(indicate the name of Bank)


WESTERN RAILWAY 46
MUMBAI DIVISION
ANNEXURE -D
CONTRACT AGREEMENT.
Contract agreement No……………date……..
1. ARTICLE OF AGREEMENT : Made this …………..day of year
………………between the President of Union of India. acting through the chief
engineer, Western Railway, Mumbai -20 here in after called the ‘Railway’ on one
part and ……………………………………here in after called the ‘contractor’.
2 WHEREAS as the contractors have agreed with the railway for the work
……………………………………………………………….set forth in the schedule
hereto annexed upon the General Conditions of contract upto printed/advance
correction slip No……….. dt………….and the Standard specifications of the
Western Railway contained in the works hand book part III, corrected upto
printed/advance correction slip No……………dtd. ………….and sanitary works
hand book corrected upto printed/advance correction slip No. ………………. dtd.
………….., and schedule of rates Western Railway Part I corrected upto printed
/advance correction slip NO. …… dtd………… and schedule of rate of ;Western
Railway part II corrected upto printed/advance correction slip No. …..dtd…….and
the special conditions and the special specifications, if any , and in conformity with
the drawings here into annexed AND WHEREAS the performance of the said
works is an act in which the public are interested.
3. NOW THIS INDENTURE WITHNESSETH : that in consideration of the payments
to be made by the Railway , the contractors shall duly performed the said works
in the said schedule said forth and shall execute the same with great promptness,
cared and accuracy in a workman like manner to the satisfaction of the Railway will
complete the same in accordance with the said specifications and said drawings
and the said conditions of contract on or before day ………..of …………… and
will maintain the said works for a period of ………… calendar months from the
certified date of there completion's and will observe ,fulfill and keep all the
conditions there in mentioned (which shall be deemed and taken to be part of
this contract as if the same had been fully set forth herein)AND the Railway
hereby agree that if the contract shall duly perform the said works in the manner
aforesaid and observe and keep the said terms and conditions the Railway will pay
or cause to be paid to the contractor for the said works on the final completion
thereof the amount due in respect thereof at the rates specified in the schedule
here to annexed.
Signature of the contractor…. Signature and designation of Railway


WESTERN RAILWAY 47
MUMBAI DIVISION
Address:- ___________ (For and on behalf of President of

India.)
Date :- ___________
In presence of :
1. Signature _____________
Name of Block letters:______________
Address :______________
2. Signature ___________
Name in Block letters:__________________________
Address: _______________


WESTERN RAILWAY 48
MUMBAI DIVISION
ANNEXURE - ‘E’
CERTIFICATE OF NO RELATIVE BEING AN EMPLOYEE OF WESTERN RAILWAY
I/WE THE UNDER SIGNEG HEREBY SOLEMNLY DECLARE AND CERTIFY THAT I
/WE DO NOT HAVE ANY OF OUR RELATIVE/RELATIVES EMPLOYED IN THE
WESTERN RAILWAY (ENGINEERING DEPARTMENT) EXCEPT THE NAMES
MENTIONED HEREIN UNDER :
1………………..
2………………..
3………………..
AND SO ON ………….
NOTE:-NAMES,DESIGNATION,NAME OF OFFICE,HEADQUARTER OF THE

TENDERER’S RELATIVE IN WESTERN RAILWAY (ENGINEERING DEPARTMENT)
TO BE MENTIONED BY THE TENDERER/TENDERERS IN 1,2,3 AND SO ON
ABOVE.


WESTERN RAILWAY 49
MUMBAI DIVISION
SPECIAL CONDITION OF CONTRACT (PART II)- TECHNICAL

ITEMWISE SPECIFICATION FOR N.S ITEMS
1) Hand receipts with date, time, truck no. or wagon no. etc shall be collected at
site from the Railway Engineer’s/representative for proof of quantity of garbage,
debris, muck, earth rubbish lifted.
2) A statement in following Performa duly signed by Engineer’s representative
submitted to the Railway Engineer by the contractor on the day following when
garbage was lifted.
Sr. Date Time At site H.R. no. &

No. lift Truck Truck Measurement allocation.
no. / measurement of quantity of
Wagon garbage in
No. Cum.
( L xB x D )
3) At each site a rough/assessment of quantity shall be made by taking

levels/cross sections and other measurements jointly by the contractor and
concerned AEN and submitted to Railway Engineer at least 48 hours in
advance before starting the work. This is for making assessment of the
quantities location-wise approximately to have a comparisons with the actual
quantity that may be lifted.
4) Initial and final levels will be taken to ensure the quantity, which will be
executed.
5) Photograph’s prior and after muck removal will be taken with land marks by
supervisor concerned at contractor’s own cost as decided and instructed by
Sr.DEN/ADEN.
6) A register may be maintained at the site which will be signed by CPWI daily,
AEN every third day and Sr.DEN/DEN every week so as to ensure that the
work has been carried out at site.
1/NS Removal of Muck/ garbage/ debris
1) A minimum of 200 cum of muck will have to be removed by the contractor for
lifting by muck special train in a total block of 4 hours for leading and unloading.
In any block contractor shall deploy atleast 100 labour. The penalty for short
labour shall be 30/- per head short.
2) The penalty for short fall in removal of muck shall be Rs.40/- per Cum shortfall
in proportion of block granted. For example if block is granted for 6 hours he
must have a progress of 300 cum and if in actual he goes a progress of 270
Cum the penalty shall be Rs.1200/- in this case. The penalty shall be calculated


WESTERN RAILWAY 50
MUMBAI DIVISION
for progress and No. of labours which will have to be jointly signed by
contractor and PWI at site.
3) The minimum block shall be of 2 hours duration. At times the Engine/Blocks
may be refused due to traffic condition and no claim shall be admissible for
such refusals. The contractor should take stand by work to take care of such
contingencies.
4) The contractor shall make his own arrangements for lighting, as most of the
work shall have to be done during night.
5) The locations which are accessibly by road are paid as per NS item and
contractor must collect all the earth, muck garbage etc., by digging, load the
same into own vehicles / trucks and dispose the same into BMC’s or other
nominated dumping grounds without any encumbrances to the railway. In case
of muck removal by MKC’s, the gunny bags filled with muck shall be loaded into
wagons during blocks, and unloaded in JOS(AT) / BYR as per the instructions.
6) The muck special train meant for Removal of muck as envisaged in item shall
be arranged by the railway where place available on free track. In case the
required bags not loaded, demurrage charges will be recovered as per rules.
7) The contractor shall start the work immediately after issue of acceptance letter.
8) The time is the conscience of contract and the contractor has to complete the
work in 30 Days only. If the contractor fails to complete the work in 30 Days,
the contractor shall be liable to 10% of the value of contract awarded which
can be deducted from the due payments of the contract as a result of this
tender or any other contract or Risk & cost tender shall be done at the own Risk
of defaulted contractor.
9) The contractor must give a writing his requisition of power and block to the
concerned CPWI/PWI in-charge by 12pm. Any cancellation of the requisition
must be given by 5pm. Not availing of any requisition would attract penalty
equivalent to 200 cum short all in removal of muck in case Engine and train are
made available and wasted.
10) The muck special train shall be made available on any of the running lines as
convenient to the Rly. Administration depending upon the traffic conditions.
11) Mode of measurement :-
The payment is made in Cum by taking the cross-sections at every 1m (0
meter) intervals and as specified in chapter (I) of SOR part (I) 1994 revised up-
to-date in chapter of earth work. The tenderer has to satisfy himself regarding
the mode of payment and any doubts raised shall be clarified from
Sr.DEN(S)BCT or his representative before the opening of tender. No conflict
shall be made at a later stage and Sr.DEN’s decision shall be final and binding
on the contractor. Quantity shall be assessed after taking initials final levels.
Necessacary depiction of levels in the graph sheets shall be made and
submitted along with the bills.
12) This contract will be governed by special conditions laid down herein addition to
and or in part supercession to the General conditions of Engg. Department of
Western Railway.


WESTERN RAILWAY 51
MUMBAI DIVISION
Wherever there is a conflict between the two former shall always prevail.
13) Tenderer/s must visit the site of work after fixing an appointment with CPWI or
their authorized representative to assess the quantum of work, approaches to
site, lead involved and other site condition. No extra payment shall be made for
laid whatsoever and rate quoted includes all lead, lift crossing tracks etc.
14) For the item of removal by MKC’s debris, muck, earth, rubbish etc may have to
be filed in gunny bags during the day time and loading them in the nights under
traffic block. The same must be unloaded in specified yards.
15) No. payment will be made for item under MKC’s removal unless and until the
garbage debrises, muck, earth rubbish etc are filled in bags, loaded in wagons
and finally unloaded in specified yards & neatly spreaded.
16) The contractor will have no claim on account of wastage of labour and non-
availability of wagon/traffic block for loading. Similarly, no claims will be
entertained for wastage of labour, when muck specials are not available in
specified yards for unloading.
17) The contractor has to make arrangements for light required for working in the
nights at his own cost. His request for electricity connection from the Railways
may be considered by the Railways at its sole discretion. If electricity
connection is given necessary charges towards the same will be deducted.
18) The garbage, debris, muck, earth, rubbish etc. should not be dumped at on
place in the dump yard. Instead they should be spread within a lead of 100
meter as directed by the Railway Engineer or his representative.
19) Works hand book part III of Engg. Deptt of Western Railway will also be
applicable. However, the special conditions laid down herein will prevail over
the former.
20) The contractor should use Mechanical excavation for digging earth rubbish,
debris, muck and garbages as warranted at locations approaches by head.
Necessary safety caution shall be taken as per Rly rule as work to be done
early.
21) Contractor shall indemnity the Railways from all losses arising out of accidents
due to negligence on part of this workman staff and supervisors.
22) No Railway materials serviceable/scrap shall be removed out of Railway
boundary. If removed, it will amount to theft of Railway property and action will
be taken under Indian Penal Code and Railway Act.
23) Railway will not be responsible for any illegal dumping of garbage, debris, muck
earth, rubbish etc., in public and private lands and contractor has to bear all
costs arising out of the same.
24) While removing the garbages, debris, muck earth rubbish etc. the contractor
shall shift the Railway materials such as rails, sleepers and other fittings nearby
as instructed by the Railway Engineer or his representative.
25) The site of work will have to be approved by the Railway Engineer or his
representative before starting the work.


WESTERN RAILWAY 52
MUMBAI DIVISION
26) The contractor shall take care to see, that no damage are caused to any
railway installations such as signals wires junction boxes, pumps, water lines,
sewage lines etc and all damages will be rectified at contractors cost.
27) No train detention shall be caused by contractor and penalty for train detentions
shall be upto 10% of the value of the contract as decided by the Railway
Engineer for each such detentions caused by contractor.
28) While working the contractors shall take care that no ballast stacks are
distributed and no contamination is caused to them.
29) The work has to be done strictly as directed by the Rly. Engineer or his
representative and digging of earth done to depth advised by them.
30) The tenderer shall note that whenever the Railway Engineer directs the
contractor to route the loaded vehicle through a nominated check point before
departing to dumping ground the tenders shall do so and get the challan
endorsed at check points and than proceed to the dumping ground. Nothing
extra will be paid on this account.
31) The contractor’s should not take any advantage or mis-representation due to
typing and / or any other error. If a doubt is raised the same should be brought
to the notice of the Railway Engineering job.
32) The Tenderer/s will have to arrange all the materials labours, tools and plants,
equipments, machinery including transportation, consumable materials, powers
etc. required for the work at site at his own cost except or otherwise stated in
the schedule herein below.


WESTERN RAILWAY 53
MUMBAI DIVISION
SCHEDULE OF APPROXIMATE QUANTITIES AND RATES (PART –III)
Name of Work: CCG-VR Sec- Removal of garbage muck etc. and disposal of the
same beyond railways limit by contractor’s own trucks/MKC’s between the section of
BA-STC.
Schedule "C" (NS items)
IT NO DESCRIPTION UNIT QTY RATE AMOUNT

per
unit
1/NS Removing of garbage, debris, muck, earth, Cum 640
rubbish etc. lying along the track by digging,
filling them in contractor’s gunny bags,
collecting and stacking them and then loading
into railway wagons/ MKC’s in traffic block with
lead within 100 mtrs including crossing of
tracks. These are then to be unloaded from
railway wagons in dump yards at JOS (AT),
BYR other yards (specified the following day)
and properly leveled. Payment shall be made
after making the initial and final levels and by
Prismoidal formula. The rate is inclusive of all
contractor’s labour, T & P, taxes etc.,
complete. Only movement of wagons / MKC’s
shall be made available by the railway.
Total of NS items


WESTERN RAILWAY 54
MUMBAI DIVISION
Name of work: - CCG-VR Sec- Removal of garbage muck etc. and disposal of the
same beyond railways limit by contractor’s own trucks/MKC’s between the section of
BA-STC.
OFFER SHEET
Schedule Tenderer’s Total amount (in figure and words both)
In Figures In words
1 2 3
Schedule "C" NS
Items
Total
Note: -
1. The quantities shown in the above schedule are approximate and are as a
guide to give the tenderer(s) an idea of quantum of work involved.
2. The Railway reserves the right to increase/decrease and /or delete or includes any of
the quantities given above as per the requirement at site.
3. The tenderer(s) shall quote his/their rates against each NS items. The rates against
each NS items shall be quoted by the tenderer separately in the tender schedule
itself and calculate the total amount of each item and total of the NS items shall be
shown iin the offer sheet in words and figures against Schedule "C" NS Items.
4. In case of any discrepancy between the rates in figures and words, the rates
mentioned in words will be accepted.
5. Any discrepancy resulting due to rates per unit and amount due to
calculation mistakes the rate entered in words / figures will be treated as
final.
END OF THE TENDER DOCUMENT


4-12 Rail

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

4-12 Rail

Uploaded by

Copyright:

Available Formats

WESTERN RAILWAY 1

Name of Work :- CCG-VR Sec- Removal of garbage muck etc. and

1. Type of tender : Open Tender

Tender Inviting Authority:-

Signature of tenderer/’s DRM (WA) BCT

PDF created with pdfFactory Pro trial version www.pdffactory.com

Signature of tenderer/’s DRM (WA) BCT

PDF created with pdfFactory Pro trial version www.pdffactory.com

Signature of tenderer/’s DRM (WA) BCT

PDF created with pdfFactory Pro trial version www.pdffactory.com

1. Type of tender : Open Tender

Signature of tenderer/’s DRM (WA) BCT

PDF created with pdfFactory Pro trial version www.pdffactory.com

Signature of tenderer/’s DRM (WA) BCT

PDF created with pdfFactory Pro trial version www.pdffactory.com

1 INFORMATION AND INSTRUCTIONS TO THE TENDERER/S

2 The Tenderer/s is advised to study the Tender Document carefully. The

6 Complete tender document along with accompaniments shall be sealed in an

7 The Tender shall be signed by individual or individuals legally authorized to enter

Signature of tenderer/’s DRM (WA) BCT

PDF created with pdfFactory Pro trial version www.pdffactory.com

9 Requisite Power of Attorney or such other documents empowering the individual or

13 Tenders sent by post shall be sent by Registered Post acknowledgement due,

16 If it is found at any stage of the finalization of the tender or during actual

Signature of tenderer/’s DRM (WA) BCT

PDF created with pdfFactory Pro trial version www.pdffactory.com

17 Sales Tax/Commercial Tax/Works Contract Tax:

18 The list of documents to be attached along with the tender documents is as

Signature of tenderer/’s DRM (WA) BCT

PDF created with pdfFactory Pro trial version www.pdffactory.com

1. I/We ______________________________________ (Tendrerers to fill the name

Signature of tenderer/’s DRM (WA) BCT

PDF created with pdfFactory Pro trial version www.pdffactory.com

TENDER FORM: (SECOND SHEET)

1. Instructions to Tenderers and Conditions of Tender

Signature of tenderer/’s DRM (WA) BCT

PDF created with pdfFactory Pro trial version www.pdffactory.com

Signature of tenderer/’s DRM (WA) BCT

PDF created with pdfFactory Pro trial version www.pdffactory.com

Signature of tenderer/’s DRM (WA) BCT

PDF created with pdfFactory Pro trial version www.pdffactory.com

Signature of tenderer/’s DRM (WA) BCT

PDF created with pdfFactory Pro trial version www.pdffactory.com

17. Employment / Partnership etc. of Retired railway employees. :

(b) Should a tenderer or contractor being an individual on the list of approved

Signature of tenderer/’s DRM (WA) BCT

PDF created with pdfFactory Pro trial version www.pdffactory.com

SPECIAL CONDITIONS OF CONTRACT PART -I (A) GENERAL

Salient Features of recent amendment of General Conditions of Contract vide Board’s

1. EMD is now a flat rate of 2% of the tender cost.

2. Standing LSEM is dispensed forthwith. Separate EMD is to be submitted with each

Signature of tenderer/’s DRM (WA) BCT

PDF created with pdfFactory Pro trial version www.pdffactory.com

SPECIAL CONDITIONS OF CONTRACT (PART– I) (B) GENERAL.

1.2 Where there is any conflict in conditions/Specifications contained in various parts,

Signature of tenderer/’s DRM (WA) BCT

PDF created with pdfFactory Pro trial version www.pdffactory.com

Signature of tenderer/’s DRM (WA) BCT

PDF created with pdfFactory Pro trial version www.pdffactory.com

(b) Performance guarantee will be released after satisfactory completion of work

Signature of tenderer/’s DRM (WA) BCT

PDF created with pdfFactory Pro trial version www.pdffactory.com