WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.

26-09-08

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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 2. Cost of tender documents 3. Earnest Money Deposit 4. Estimated cost of work 5. Completion period 6. Time & Date of start of sale of tender documents 7. Time & Date for closure of sale of tender Documents 8.Time & Date for closure for submission of tender documents 9. Time & Date for opening of tender 10.Validity of offer from date of opening

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Open Tender Rs.1000 ( Rs.1500 by post) Rs.3760/Rs.188000/1 Months 10.15 Hrs on 20-11-08 12.00 Hrs on 04-12-08 15.00 Hrs on 04-12-08 15.30 Hrs on 04-12-08 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)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 FORWARDING LETTER Issued to / Downloaded by : -

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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)
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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. 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.

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Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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3 WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT (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.

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08

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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. 2. 3. 4. 5. 6. 7. Type of tender Cost of tender documents : : : : : : : : : : Open Tender Rs.1000 ( Rs.1500 by post) Rs.3760/Rs.188000/1 Months 10.15 Hrs on 20-11-08 12.00 Hrs on 04-12-08 15.00 Hrs on 04-12-08 15.30 Hrs on 04-12-08 90 Days

Earnest Money Deposit Estimated cost of work Completion period Time and Date of start of sale of tender documents Time & Date for closure of sale of tender documents 8. Time & Date for closure for submission of tender documents 9. Time & Date for opening tender 10. Validity of offer from date of opening 1

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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. 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. 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. Tender not accompanied by the required earnest money in the requisite form as mentioned in the tender documents shall be summarily rejected.

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Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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5 WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT 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 7 Railway reserves the right to cancel the tender without assigning any reason. Offers with validity of offer less than what is prescribed in the tender documents will be rejected summarily.

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 1

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INFORMATION AND INSTRUCTIONS TO THE TENDERER/S 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
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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. 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. 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. 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. 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 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.

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Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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7 WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT 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. 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. 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. 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. 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. 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. 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. 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.

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Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08

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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. 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. 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.

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Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT TENDER FORM (FIRST SHEET) To, The President of India, Acting through Divisional Railway Manager (WA), Western Railway, Mumbai Central, Mumbai -400008 1.

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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. 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. 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.

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

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08

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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.

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 3.

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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. 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. The works are required to be completed within the stipulated completion period mentioned in the tender notice 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.

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Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08

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(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. 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. 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. 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.

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Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 11.

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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. Non compliance with any of the conditions set forth therein above is liable to result in the tender being rejected. 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). 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. 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.

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Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 17.

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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.

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08

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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).

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08

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SPECIAL CONDITIONS OF CONTRACT (PART– I) (B) GENERAL. 1.0 1.1 GENERAL: In these Special Conditions of Contract the following terms shall have the meaning hereby assigned to them except where the context otherwise requires: "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. 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). Standard Schedule Items/Rates shall mean the Items/Rates in the Western Railway Standard Schedule of Rates - 1993. All other terms shall have the same meaning as assigned to them in the General Conditions of Contract and Standard Specifications. Where there is any conflict in conditions/Specifications contained in various parts, order of precedence will be as given belowi. ii. iii. iv. v. vi. vii. 1.3 Any footnote given by the Railway in the schedule of quantities and rates. Description of item in the Schedule of Quantities and rates. Special Specifications. Additional Special Conditions/of Contract. Standard Specifications. Special Conditions of Contract. General Conditions of Contract.

(a)

(b)

(c) (d)

1.2

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. 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.

2.0

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DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 3.

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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.

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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.

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08

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(b)

(c)

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. 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.

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08

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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.

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08

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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.

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DRM (WA) BCT (For & Behalf of President of India)

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21 WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT 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

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DRM (WA) BCT (For & Behalf of President of India)

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22 WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT 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. 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. 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

25.

26.

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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23 WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT 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. 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.

26.3

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 . 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

27.3

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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24 WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT 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. 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 .

27.5

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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) . 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. 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.

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29.3

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08
29.4

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29.5

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. 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.

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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. 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.

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Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08
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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 biodata 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.
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.

32.2

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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

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DRM (WA) BCT (For & Behalf of President of India)

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27 WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT 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. 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.

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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.. 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.

34.3

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 35

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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.
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. FOREIGN EXCHANGE REQUIREMENTS: Any demand of foreign exchange for importing of equipments and materials shall not be accepted. 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.

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37 38

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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.

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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

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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29 WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT 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-incharge 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-incharge, to the contractor. 41 42 43 ENGAGING LOCAL LABOUR: The contractor shall engage local labour for unskilled works, as far as practicable. 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. 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. 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. 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. CUTTING/UP ROOTING OF TREES: No extra rate shall be paid for cutting or uprooting trees but the contractor would be authorised to take away the tree observing the forest laws of the land. 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. 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. 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

44

45

46

47

48

47.

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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30 WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT 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. 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. 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.

47.3

47.4

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. 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.

48.3

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31 WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT 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.

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 50.3

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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 51.1

VARIATION IN QUANTITIES: 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. 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.

51.2

(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. .

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 52.

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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 52.3 52.4 The contractor shall not be entitled to ask for reference to arbitration before the completion of the work assigned to him under this contract. The contractor shall seek reference to arbitration to settle the disputes only once within the ambit of the above conditions. 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. Labour Register: This register will be maintained to show daily strength of labour in different categories employed by the Contractor/s. LOG book of events: All events are required to be chronologically logged in this book shift wise and date wise. Cement & steel registers shall be maintained by the contractor 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.

54.3 54.4 54.5 54.6

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08

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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. 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

59.

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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35 WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT 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).

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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36 WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT 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.

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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37 WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT 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

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38 WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT 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.

Signature of tenderer/’s

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39 WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT 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.

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 ANNEXURE - A

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STATEMENT OF DEVIATION (Pl .refer Cl.3 of special conditions part-I (General) of the Tender documents)

Sr. No

Part Clause (SSC or No. ASCC &SS

Railway Clause

Proposed Clause

Reason/ Remarks for deviation.

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08

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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).

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 3.

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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. 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. 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. Demolition: Before any demolition is commenced and also during the process of the work: a) b) c) d) All roads and open areas adjacent to the work site shall either be closed or suitably protected; 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; All practical steps shall be taken to prevent danger to persons employed from risk of fire or explosion or flooding; No floor, roof or other part of the building shall be so overloaded with debris or materials as to render it unsafe.

4.

5.

6.

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 7.

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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) b) workers employed on mixing asphalted materials, cement and lime mortar shall be provided with protective goggle. 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; workers engaged in welding works shall be provided with protective goggles; stone breakers shall be provided with protective goggles and protective clothing and seated at sufficiently safe intervals.

c) d)

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. 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.

9.

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08

44 DOWNLOAD DOCUMENT 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.

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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45 WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT 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)

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08

46 DOWNLOAD DOCUMENT 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’. 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. 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.

2

3.

Signature of the contractor….

Signature and designation of Railway

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08

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

(For and on behalf of President of

2.

Signature ___________ Name in Block letters:__________________________ Address: _______________

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08

48 DOWNLOAD DOCUMENT 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.

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08

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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. 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. No. Date Time lift At site H.R. no. & Truck Measurement allocation. measurement of quantity of garbage in Cum. ( L xB x D )

2)

Truck no. / Wagon No.

3)

4) 5)

6)

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. Initial and final levels will be taken to ensure the quantity, which will be executed. 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. 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)

2)

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. 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

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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50 WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT 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 upto-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.

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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51 WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT 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 nonavailability 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.

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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52 WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08 DOWNLOAD DOCUMENT 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.

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08

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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 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

640

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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WESTERN RAILWAY MUMBAI DIVISION TENDER NOTICE No. BCT/08-09/ 286 Dt.26-09-08

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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 1 Schedule "C" NS Items Tenderer’s Total amount (in figure and words both) In Figures In words 2 3

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

Signature of tenderer/’s

DRM (WA) BCT (For & Behalf of President of India)

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