Download NIT - Chittaranjan Locomotive Works - Indian Railway
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Office of the Dy. Chief Electrical Engineer/M<br />
<strong>Chittaranjan</strong> <strong>Locomotive</strong> works, <strong>Chittaranjan</strong><br />
Telephone-0341-2525542<br />
Tele fax -0341-2525560<br />
TENDER NO: EL / CON /363/WC)<br />
Name & place of work: "Upgradation of main substation for<br />
reliable power supply by providing additional VCBs."<br />
Signature of the Tenderer with seal & date Page 1
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Issued to ……………………………………………………………………………………..<br />
Of………………………………………………………………………………………………<br />
………………………………………………………………………………………………on<br />
deposit of cost etc. of Rs. …………………………………………………………………..<br />
……………… vide C.R. No. ……………………………………………..date …………..<br />
INDIAN RAILWAYS<br />
<strong>Chittaranjan</strong> <strong>Locomotive</strong> <strong>Works</strong><br />
P.O. <strong>Chittaranjan</strong>, Dist.Burdwan<br />
PREAMBLE AND INSTRUCTIONS TO TENDERER<br />
1. Tender No. EL/CON/363/WC<br />
2. Name & place of work : - "Upgradation of main substation for reliable power supply by providing<br />
additional VCBs."<br />
3 Tender Value: - Rs.7598820/- ( Rupees Seventy five lakhs ninety eight thousand eight hundred and<br />
twenty ) only<br />
4. Tender documents consist of following parts: - Page No.<br />
Part-: Preamble and instructions to tenderer 2 - 4<br />
Tender FORM-1 5 - 6<br />
Tenderers credentials FORM-5 7<br />
I : Regulations of tender 8 - 10<br />
II : Conditions of Tender 11 - 13<br />
III : General & Special conditions of contract 14 - 26<br />
IV : Conditions of price& payment 27 – 29<br />
Annexure-I 30<br />
V : Technical specification 31-35<br />
VI : Schedule of quantities & rates 36- 38<br />
Tender documents are not transferable<br />
Signature of the Tenderer with seal & date Page 2
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5. Completion period.<br />
The entire work shall be completed within days/months from the date of issue of letter of<br />
acceptance as per following schedule.<br />
i) Submission of Performance Guarantee within 30 days after issue of Letter of<br />
Acceptance as per claus no 3.48(b) of part III of TD.<br />
ii) Completion of work - 06(Six) months from the date of issue of Letter of Acceptance.<br />
6. Credential of tenderer.<br />
Offers from experienced and competent contractors will be considered (see Form No. 5). The<br />
tenderer will provide satisfactory evidence acceptable to the purchaser regarding experience &<br />
competence.<br />
7. Purchase of Tender Document.<br />
Tender documents can be purchased against payment of Rs. 5000/- (Rupees Five thousand only)<br />
as applicable as the cost of Tender document may be deposited with the Chief Cashier<br />
/<strong>Chittaranjan</strong> <strong>Locomotive</strong> <strong>Works</strong>/CLW and on production of receipt the Tender can be collected<br />
from Dy. Chief Electrical Engineer (Maint.) central power House/<strong>Chittaranjan</strong> <strong>Locomotive</strong> <strong>Works</strong><br />
during office hours on any working day in the notified period.<br />
8. Validity of offer.<br />
Tenderer shall keep his offer open for acceptance for a minimum period of 90 days from the date<br />
of opening of the tender.<br />
9. Earnest money.<br />
Tender shall submit along with this tender an amount of Rs.151980/- towards Earnest money in<br />
any of the forms mentioned in Para 2.1 of part II. No interest will be paid on the earnest money.<br />
Offers received without earnest money will be summarily rejected.<br />
10. Sales Tax Clearance Certificate<br />
Tenderer will require to mention VAT Registration No./ Sales Tax Registration No. in the offer.<br />
11. Purchaser not bound to accept any tender.<br />
The purchaser shall not be bound to accept the lowest or any other tender or to assign any reason<br />
for non-acceptance or rejection of a particular tender. The purchaser reserves the right to accept<br />
any tender in respect to the whole or any portion of work specified in the tender paper or to sub<br />
divide the work among different tenderers or to reduce the work or to accept any tender for less<br />
than the tendered quantities without assigning any reason whatsoever.<br />
Signature of the Tenderer with seal & date Page 3
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12. Submission of tender.<br />
The tender, complete in all respect addressed to Dy. Chief Electrical Engineer (Maint) /Central<br />
Power House/CLW/<strong>Chittaranjan</strong> – 713331.Should the aforesaid addressee before 11.30 hrs. on<br />
the notified date. Tender received after this time and date will be rejected. The Tenderer may drop<br />
their tenders duly sealed and superscripted in tender box specially allotted for the purpose and<br />
place in the office of said officer mentioned above or send the tenders by the registered Post to the<br />
address of said officer.<br />
13. Opening of tender.<br />
The tender will be open at 12.00 hrs. on the notified date in the presence of such tenderers who<br />
may like to be present.<br />
13. Clarification.<br />
Should a Tenderer find any discrepancies in or omission from the drawing or any of the tender<br />
documents or should be in doubts as their meaning he should at once notify to the authority inviting<br />
tenders who may send written instructions to all tenderers. It should be understood that every<br />
endeavor has been made to avoid any error which may materially affect the basis of tender and the<br />
successful tenderer should take upon himself and provide for the risk of any error which may<br />
subsequently be discovered and shall make “No Claim” on account thereof.<br />
15. Splitting up of rates.<br />
The rates quoted for the job should be strictly as per the provision made in the schedule. Splitting<br />
up of the job and quoting of rates therefore may result cancellation of the tender.<br />
16. Address to Tenderer.<br />
The tenderer shall state in the tender his postal address and the letter posted to this address shall<br />
deem to have reach the tenderer duly and in time.<br />
17. Contract Agreements:<br />
Successful tender will be required to execute an agreement in the prescribed proforma as at form –10, by<br />
submitting Performance Guarantee within 30 days of the date of issue of the letter of acceptance.<br />
18. Security Deposit:<br />
The successful tenderer shall also be required to submit a security deposit in term of clause 3.48 of<br />
Part-III of the contract.<br />
19. <strong>Railway</strong>s Relevant address<br />
<strong>Railway</strong>s relevant addresses for various purposes are as under:<br />
i) General correspondence and submission of tender Dy. Chief Electrical<br />
Engineer/Central Power House/CLW/CRJ-713331.<br />
ii) Regarding Warranty deposit/Security Deposit:-<br />
FA&CAO/<strong>Chittaranjan</strong> <strong>Locomotive</strong> <strong>Works</strong>/<strong>Chittaranjan</strong><br />
Encl: As detailed in para.4<br />
Signature of the Tenderer with seal & date Page 4
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FORM –1<br />
<strong>Indian</strong> <strong>Railway</strong>, <strong>Chittaranjan</strong> <strong>Locomotive</strong> <strong>Works</strong>, <strong>Chittaranjan</strong><br />
Tender Form<br />
TENDER<br />
To<br />
The President of India<br />
Acting through the Deputy Chief Electrical Engineer (Maint)<br />
Chittaranajn <strong>Locomotive</strong> <strong>Works</strong>,<br />
<strong>Chittaranjan</strong>.<br />
1. I/We ………………………………………………………………………….. have read the various<br />
conditions to tender attached hereto and hereby agree to abide by the said conditions. I/We also agree<br />
to keep this Tender Open for acceptance fo a period of 90(ninety) days from the date fixed for receiving<br />
the same and in default thereof. I/We will be liable for forfeiture of my/our “security deposit”. I/We offer<br />
to do the works of at the rate quoted in the attached schedule and hereby bind myself/our self to<br />
complete the work within a period of ……………………. Days/months from the date of issue of the<br />
letter-communicating acceptance of my/are tender. I/We also hereby agree to abide by the general.<br />
Special & Technical specifications and additional special conditions of contract and to carry out the<br />
work according the specifications for material and works laid down by the <strong>Railway</strong> for the present<br />
contract.<br />
2. The Tenderer whose tender is accepted shall be required to appear at the office of General<br />
Manager, Chief Electrical Engineer, Dy. Chief Electrical Engineer of divisional/district engineer as they<br />
may be in person or if a firm or corporation a duly authorized representative shall so appear and to<br />
execute the contract documents within 15 days after notice that the contract has been awarded to him.<br />
Failure to do so shall constitute a breach of the agreement affected by the acceptance of the tender<br />
shall stand forfeited without prejudice to any other rights or remedies.<br />
3. In the event of any tenderer whose tender is accepted shall refuse to execute the contract<br />
documents as herein before provided the railway may determine that such tender has abandoned the<br />
contract and thereupon his tender and acceptance thereof shall be treated as cancelled and the railway<br />
shall be entitled to forfeit full amount of the earnest money and recover the liquated damages or such<br />
default.<br />
4. Until formal agreement is prepared and executed the acceptance of this tender shall constitute<br />
a binding contract between us as indicated in the letter of acceptance of my/are offer for the<br />
works.<br />
Signature of the Tenderer with seal & date Page 5
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*5. I/We produce herewith the Demand Draft/Banker’s Cheque/Fixed Depost receipt<br />
no……………………………… dt. ………………………. For the Rs…………………………… of<br />
the …………………………………………………………………………………….. as deposit of<br />
earnest money of Rs. …………………………………………………………………………..<br />
6. I/We have already made the standing earnest money deposit of<br />
Rs……………………………………………………………………………………………. with the<br />
<strong>Chittaranjan</strong> <strong>Locomotive</strong> <strong>Works</strong> for my enlistment as an approved contractor in category<br />
……………………………… and as such no fresh earnest money is being deposited with the<br />
tender. I/We further agree and declare that in case I/We failed to abide by the condition for<br />
keeping the offer for 90 days. I/We shall have no objection to the forfeiture of the security<br />
deposit portion of the earnest money amount Rs. ………………………………….. and also in<br />
case of my/our default in executing the contract documents within the time limits given in para<br />
–II above. I/We shall beg to no objection to the forfeiture of the full value of earnest money of<br />
Rs…………………….. without prejudice to any rights or remedies of the railways and the said<br />
amount may be released by the President of India also from my/our said lump sum deposit of<br />
Rs……………………. As standing earnest money.<br />
*Strike out and initial the para<br />
which do not concern the Tenderer<br />
( to be filled by the Tenderer)<br />
NAME:<br />
Address:<br />
……………………………………………………………………………..<br />
…………………………………………………………………………...<br />
……………………………………………………………………………<br />
…………………………………………………………………………..<br />
Signature of witnesses to the signature of Tenderer(s)<br />
1. …………………………… Name :……………………………………………<br />
Address:…………………………………………..<br />
2…………………………….<br />
Name :…………………………………………….<br />
Address: ………………………………………….<br />
Signature of the Tenderer with seal & date Page 6
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FORM-5<br />
TENDERER’S CREDENTIAL<br />
Please fill in the questionnaire below:-<br />
1(a)<br />
(b)<br />
Give details of your previous experience on supply, installation of similar equipment (Give<br />
particulars of order and customer)<br />
Give particulars of orders under execution by your firm.<br />
2. Give details of technical personnel employed by you and brief, note about their qualification<br />
and experience.<br />
3. Give the name of manufacturers from whom supply is a assured.<br />
3. Give the name of your Banker’s and their reference.<br />
Note :_ This Form shall be precisely and with full details.<br />
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<strong>Chittaranjan</strong> <strong>Locomotive</strong> <strong>Works</strong><br />
P.O. <strong>Chittaranjan</strong>, Dist. Burdwan<br />
PART-1<br />
REGULATIONS FOR TENDER<br />
1.1 Tender papers:<br />
The regulations and conditions for Tender, General and special condition of contract, supplementary condition<br />
of contract and specification, along with schedule of requirement included in part I to VI shall hereafter be<br />
collectively referred to as Tender papers.<br />
1.2 Meaning of Terms:<br />
In this regulation for tenders and contracts the following terms shall have the meanings assigned here under<br />
except where the context otherwise requires:-<br />
a) “<strong>Railway</strong>” shall mean the President, Union of India or General Manager or Administrative officer of <strong>Chittaranjan</strong><br />
<strong>Locomotive</strong> <strong>Works</strong>, <strong>Chittaranjan</strong> or of successor railway authorized to invite tenders and enter into contract for<br />
works on behalf of the President.<br />
b) “Successor <strong>Railway</strong>” shall mean and include such other railway to which for administrative or other reasons this<br />
contract may during its pendency be transferred<br />
c) “General Manager” shall mean the officer in administrative charge of <strong>Chittaranjan</strong> Loco <strong>Works</strong> and include the<br />
General Manager of successor <strong>Railway</strong>.<br />
d) “Chief Electrical Engineer” means the Officer in-charge of the Electrical Work is in <strong>Chittaranjan</strong> <strong>Locomotive</strong><br />
<strong>Works</strong>, <strong>Chittaranjan</strong> and includes Chief Electrical Engineer of successor <strong>Railway</strong>.<br />
e) “Engineer” shall mean the Dy. Chief Electrical Engineer/Con. Or Dy. Chief Electrical Engineer/Maint.CLW and<br />
shall inspector the superior officers of Electrical department at CLW or successor <strong>Railway</strong><br />
f) “Engineer’s Representative” shall mean the assistant/Sr. Electrical Engineer in direct charge of the work and<br />
shall include any Inspector or supervisor working under him and shall include any Inspector or supervisor<br />
working under him and shall include Engineer representative of successor railway.<br />
g) “Specification” shall mean the technical specification for materials process and testing of products referred to in<br />
part V of Tender documents as may be revised or superseded by special specification.<br />
h) “Drawing” shall mean the maps, drawing, plans and prints there of annexed to the contract and shall include any<br />
modification of such drawings as may be issued by the Engineer from time to time.<br />
i) “Period of maintenance” shall mean the specified period of maintenance from the date of completion of the<br />
work as certified by the Engineer.<br />
i) “Month” means any consecutive period of 30 days<br />
j) “Schedule of Requirement” CLW shall mean the schedule of requirement issued under the authority of Chief<br />
Electrical Engineer.<br />
1.3 Singular & Plural<br />
Words importing the singular number shall also include the plural and vice-versa where the context as requires.<br />
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1.4 Interpretations:<br />
This regulation, for tender, shall be read conjunction with conditions of tender general condition of contract as<br />
well as the general and special condition of contract for works which are referred to herein and shall be subject<br />
to modification, addition or supersession by supplementary condition of contract and/or specification, if any,<br />
annexed to tender forms.<br />
1.5 Contractor’s credentials:-<br />
MINIMUM ELIGIBILITY CRITERIA FOR OPEN TENDER COSTING ABOVE Rs. 50 LAKHS<br />
1. Should have completed in last three At least one similar single work for a minimum<br />
financial years(i.e. current year and three<br />
previous financial years)<br />
: value of 35% of Advertised tender value.<br />
2. Total contract amount received during<br />
the last 3(Three) financial years and in<br />
the current financial years.<br />
:<br />
Should be a minimum of 150% of Advertised tender<br />
value.<br />
a) Clarification regarding minimum technical eligibility criteria in <strong>Works</strong> Tender<br />
i) Similar nature of works physically completed within the qualifying period, i.e. the last 3 financial years and<br />
current financial year should only be considered in evaluating the eligibility criteria.<br />
ii) The total value of similar nature of work completed during the qualifying period and not the payments<br />
received within the qualifying period alone, should be considered.In case, final bill of similar nature of work has<br />
not been passed, paid amount including statutory deductions is to be considered if final measurements have not<br />
been recorded OR if final measurements have been recorded and work has been completed with negative<br />
variation. However, if final measurements have been recorded and work has been completed with positive<br />
variation but variation has not been sanctioned, original contractual value of work should be considered for<br />
judging eligibility.<br />
iii) In the case of composite works involving combination of different works, even separate completed works of<br />
required value should be considered while evaluating the eligibility criteria. For example, in a tender for bridge<br />
works where similar nature of work has been defined as bridge works with pile foundation and PSC<br />
superstructure, a tenderer, who had completed one bridge work with pile foundation of value at least equal to<br />
35% of tender value and also had completed one bridge work with PSC superstructure of value at least equal to<br />
35% of tender value, should be considered as having fulfilled the eligibility criterion of having completed single<br />
similar nature of work.<br />
b) Similar nature of works will be considered as follows :-<br />
HT cable laying and or HT panel installation/ Provision of HT overhead<br />
conductor.<br />
The Tenderer who will not submit the proof of minimum eligibility criteria or credentials such tender<br />
may not be considered<br />
(c ) Documents to be submitted<br />
(i)<br />
(ii)<br />
(iii)<br />
Tenderers are required to submit authenticated certificates along with the Tender Form from Officer(s) of<br />
Government/ Public Sector Undertakings under whom the works have been executed indicating there in the<br />
name of works executed, value of works/ payment details and period during in which completed. Such<br />
certificates should have signature and the seal of the Officer(s).<br />
Tenderers should have valid Electrical Contractor’s License and Supervisor’s Certificate of competency, copy<br />
of which should be submitted along with tender offer and should have experienced of similar type of work in<br />
<strong>Railway</strong> or other Govt. undertaking units<br />
Tenderer should have valid Supervisors certificate of competency. Copy of which should be submitted along<br />
with tender offer.<br />
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(iv)<br />
List of Personnel, Organization available on hand and proposed to be engaged for the subject work.<br />
(v) List of plant and machinery available on hand (own) and proposed to be inducted (own and hired to be given<br />
separately) for the subject work.<br />
(vi)<br />
List of works completed in last three financial years giving description of work, organization to whom executed,<br />
approximate value of contract at the time of award, date of award and date of scheduled completion of work.<br />
Date of actual start, actual completion and final value of contract should also be given.<br />
Tender committee would satisfy themselves about the authenticity of the certificates produced by the tenderer(s)<br />
to this effect which may be an attested certificate from the employer /client, audited balance sheet duly certified<br />
by the chartered accountants etc<br />
1.6 Care in submission of tenders:<br />
a) Before submitting a tender, the tenderer will be deemed to have satisfied himself by actual inspection of the site<br />
and locality of the works, that all condition liable to be encountered during the execution of the works are taken<br />
into account and that the rates he enters in the ender forms are adequate and all inclusive to accord with the<br />
provision in clause 3.46 of General and Special condition of contract Part III for the completion of works to the<br />
entire satisfaction of the engineer.<br />
b) When work is tendered to do by a firm or company of contractors, the tender shall be signed by Individual, legally<br />
authorized to enter into commitments on their behalf.<br />
1.7 FORM OF TENDER<br />
a) All the documents to be submitted in connection with this tender should be signed in English or in Hindi and in<br />
ink.<br />
b) The tender shall be submitted in the prescribed form annexed hereto. The rate wherever quoted, must be clearly<br />
written in figure and in words in the rate quoted, no fraction is permitted. The rate quoted must be firm, precise<br />
and unconditional.<br />
c) Dimension, weight etc. shall be quoted ‘IN METRIC SYSTEM.<br />
d) The tender not submitted along with the following documents will be summarily rejected. Each copy of the<br />
tender shall consist of the following:<br />
1) Tender Form.<br />
2) Details of contract for similar works executed, if any.<br />
3) Any other technical information, the tenderer may wish to furnish.<br />
4) Deposit receipt/cash receipt/Demand drafts for the earnest money in original.<br />
5) Current Income Tax and sales tax clearance certificate.<br />
6) Contractor’s license no. and copy of license issued by State Govt. Director of Electrical.<br />
7) Valid supervisor certificate of competency and declaration by the supervisor that he is on the role of<br />
tenderer.<br />
8) Banker’s certificate in respect of financial capability to execute the work.<br />
e) Any clarification required by the tender may be obtained from the Engineer/CLW.<br />
1.8 NOTE<br />
i) The tender paper duly signed in ink by the tenderer on each and every page in token of his having<br />
studied the same carefully shall be submitted.<br />
ii) Deviation from the tender paper will not normally be agreed to.<br />
iii) The tenderer shall indicate the schedule of time for completion of work, with reference to the date of<br />
issue of the acceptance letter regarding placement of contract.<br />
iv) If any item is excluded by the tenderer submitting this tender the tender is likely to be rejected.<br />
v) The tender documents are not transferable.<br />
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PART – II<br />
CONDITION OF TENDER<br />
2.1 Manner of Deposit of Earnest money:<br />
The total sum of earnest money as indicated in “Instruction to tenderers” constitutes the earnest money for the<br />
tender. The deposit of earnest money may be made in cash or in any of the following forms;<br />
i) Deposit Receipt, Pay Order, Demand Draft, banker’s cheque of STATE BANK OF INDIA including national<br />
bank.<br />
ii)<br />
The bank concerned lodges with the Reserve Bank of India requisite securities namely cash deposits of Govt.<br />
securities in respect of the guarantees executed by it and Reserve Bank of India advice the <strong>Railway</strong> that the<br />
bond may be accepted.<br />
iii) Govt. securities (Stock certificate, Bearer Bonds, promissory notes, cash certificate) will not be accepted.<br />
Pursuant to Rly. Bd.’s letter No. 88/CE-1/CT/1(Vol.II) dated 6.8.96 Standing Earnest Money/Earnest Money in<br />
the form of Guarantee Bonds; Government Securities (Stock Certificates, Bearers Bonds, Promissory notes,<br />
Cash Certificates) will not be accepted. In case the tenderer withdraw his offer within validity date of his offer<br />
or failure to undertake the contract after acceptance of his tender the full amount of Earnest Money deposited<br />
will be forfeited.<br />
2.2 Authority in whose favour the deposit of earnest money, security deposit and Performance guarantee<br />
shall be made.<br />
a) “Deposit receipt” /”Pay order”/”Demand Draft”/Banker’s Cheque” towards deposit of earnest money for the<br />
tender should be drawn in favour of the FINANCIAL ADVISER & CHIEFACCOUNT OFFICER,<br />
CHITTARANJAN LOCOMOTIVE WORKS, CHITTARANJAN.<br />
b) Deposit of earnest money in cash should be made to the Asstt. Chief Cashier, CLW at <strong>Chittaranjan</strong> but before<br />
making the deposit, an authority slip should be obtained from the Office of Electrical<br />
Engineer/CLW/CHITTARANAJN. It should be clearly noted that without the authority slip the deposit of<br />
earnest money in cash shall not be accepted by the Asstt. Chief Cashier.<br />
(c)<br />
(d)<br />
(e)<br />
The performance guarantee in the form of irrevocable bank guarantees amounting to 5% of the contract value.<br />
The performance guarantee should be furnished by the successful contractor after the letter of acceptance has<br />
been issued, but before signing of the agreement and should be valid up to expiry of the maintenance period of<br />
12 months + a claim period of further 6/12 months as applicable and details mentioned in clause 4.10 of Part-<br />
IV.<br />
The total amount of earnest money notified in the tender shall constitute as the initial security deposit<br />
for keeping the offer open for the period specified in the “tender”. It shall be understood that the tender<br />
documents have been issued to tender and tender and tender has been permitted to tender for the works/supply<br />
in consideration of the stipulation on his part that after submitting his tender the tender will not be resilient from<br />
his offer of modify the terms and conditions thereof in a manner not acceptable to the <strong>Railway</strong>. Should the<br />
tenderer failed to observe or comply with the foregoing stipulation, the initial security deposit mentioned herein<br />
above shall be forfeited to the railway.<br />
If the tenderer whose tender has been accepted does not execute the contract agreement within 15 days(fifteen)<br />
after receipt of notice issued by the <strong>Railway</strong> that the contract has been awarded to him OR does not commence<br />
the work after receipt of order to that effect, the full value of the earnest money with the tender shall without<br />
prejudice to any rights, remedies available, be forfeited to the <strong>Railway</strong>.<br />
The contractor should collect the proforma of security deposit for the purpose from the office of Engineer for<br />
correct execution and submission.<br />
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(f)<br />
The earnest money of the unsuccessful tenderer, as herein before provided, shall be refunded to the un<br />
successful tender as early as possible.<br />
2.3 RIGHT OF RAILWAY TO DEAL WITH TENDERS<br />
i) It shall not be obligatory for the <strong>Railway</strong> to accept the lowest tender and no tenderer shall demand any<br />
explanation for the cause of rejection of his tender. The <strong>Railway</strong> reserves the right to accept any tender in<br />
respect of the whole or any portion of the work specified in the tender paper or to sub divides the work among<br />
the different tenderers to reduce the work or to accept any tender for less than the tenderer quantities without<br />
assigning any reason whatsoever.<br />
ii)<br />
iii)<br />
If the tenderer deliberately gives wrong information in his tender or create circumstances for acceptance of his<br />
tender the <strong>Railway</strong> reserve the right to reject such tender at any stage.<br />
If a tenderer expires after the submission of his tender or after the acceptance of his tender, the <strong>Railway</strong> shall<br />
deem such tender as cancelled. If partners of a firm expire after the submission of the tender or after the<br />
acceptance of the tender, the <strong>Railway</strong> shall deem such tender as cancelled unless the firm retain its character.<br />
2.4 Application of contract act 1872:<br />
The contract act is normally guided by the following:<br />
i) <strong>Indian</strong> contract act 1872<br />
ii) General conditions of contract, regulation act instructions for tenders and standards Forms of contract 1989.<br />
In case of conflict between CLW “Electrical department” condition of contract and provision of general<br />
condition of contract 1989 as mentioned above on any point or in respect of any terms and conditions, the<br />
general condition of contract 1989 shall prevail.<br />
2.5 Submission of CREDENTIAL:<br />
Attested copies of documents testifying to the tenderer previous experience and financial status should be sent<br />
with the tender and the original produce when desired by the <strong>Railway</strong>.<br />
2.6 Submission of Tenders.<br />
Tenders must be enclosed in sealed covers, super scribed.“Tenders for<br />
…………………………………………………………….. must be sent by registered post to the address of the<br />
Engineer, <strong>Chittaranjan</strong> <strong>Locomotive</strong> <strong>Works</strong>, <strong>Chittaranjan</strong> –713331, so as to reach not later than 11.30 hrs. on the<br />
stipulated date or deposited in special box provided for the purpose in the Office of the Engineer, <strong>Chittaranjan</strong><br />
<strong>Locomotive</strong> <strong>Works</strong>, <strong>Chittaranjan</strong> – 711331. This will be sealed at 11.30 hrs. on the stipulated date.<br />
2.7 Non-compliance<br />
Non-compliance with any of the conditions set forth herein above is liable to result in tender being rejected.<br />
2.8 Authority for Acceptance<br />
The authority for the acceptance of the tender will rest with the General Manager, <strong>Chittaranjan</strong> <strong>Locomotive</strong><br />
<strong>Works</strong>, <strong>Chittaranjan</strong>-713331, or any subordinate officer authorized by him.<br />
2.9 Execution of Agreement.<br />
The successful tenderer shall be required to execute an agreement with President of India acting through the<br />
Senior/Deputy Chief Electrical Engineer/CLW within 30 days or receipt of acceptance letter and payment<br />
security deposit, as indicated in clause 3.48 of Pt.III contract for carrying out the work according to general and<br />
special conditions for contract supplementary condition of contract and specification.<br />
2.10 Period of validity of offer.<br />
The tenderer shall keep the offer open for a minimum period of 90 days from the date of opening of the tender,<br />
within which period the tenderer can not withdraw his offer subject to the period being extended further, if<br />
required by mutual agreement from time to time.<br />
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2.11 Negotiation.<br />
Should the <strong>Railway</strong> decide to negotiate, with the view, to bring down the rates, the tenderer called for<br />
negotiation should furnish the following form of declaration before commencement of negotiations. “I/We<br />
…………………………….. do declare that in the event of failure of contemplated negotiation relating to<br />
tender number……………………………………….. opened on …………………………. My original tender<br />
shall remain open for acceptance on its original items and conditions up to 90 days from the date of negotiation”<br />
2.12 Employment of retired <strong>Railway</strong> officials by the tenderer.<br />
Should a tenderer be a retired engineer of the gazetted rank, or any other gazetted officer, working before his<br />
retirement, whether in the executive or administrative capacity, or whether holding a pension able post, or now<br />
in the electrical department of any of the railways owned an administered by the President of India for the time<br />
being, or should a tenderer, being partnership firm, have as one of its partners a retired engineer or a retired<br />
gazetted officer as foresaid, or should a tender being an incorporated company have any such retired engineer,<br />
or a retired officer as one of its Director, or should tender, have in his employment, any retired engineer, or<br />
retired gazetted officer as foresaid, the full information as to the date or retirement of such engineer or gazetted<br />
officer from the said service and in cases where such engineer or officer had not retired from government<br />
service at least two years prior to the date of submission of the tender as to whether permission for taking<br />
such contract, or if the contractor be a partnership firm or an incorporated company to become a partner or<br />
director as the case may be or to make employment under the contractor has been obtained by the tenderer or<br />
the engineer or the officer as the case may be from the President of India or any officer duly authorized by him<br />
in this behalf shall be clearly stated in writing at the time of submitting the tender. Tenderers without<br />
the information above referred to or a statement to the effect that no such retired engineer or retired gazetted<br />
officer is so associated with the tenderer as the case may be shall be rejected.<br />
2.13 <strong>Railway</strong> official as tenderer’s relatives.<br />
Should a tenderer or contractor being an individual on the list of approved contractors have relative employed in<br />
gazetted capacity in ………………………………………………………………………….<br />
…………………………………………………………………………………………………………………Elec<br />
trical department of the <strong>Chittaranjan</strong> <strong>Locomotive</strong> <strong>Works</strong>, <strong>Chittaranjan</strong> or in the case of a partnership firm or<br />
company incorporated under the <strong>Indian</strong> company Law should partner or a relative of the partner or a share<br />
holder or the relative of the share holder being employed in gazetted capacity in the ……………<br />
……………………………………………………………………………………….Electrical department,<br />
<strong>Chittaranjan</strong> <strong>Locomotive</strong> <strong>Works</strong>, <strong>Chittaranjan</strong>, the authority, inviting tenders shall be informed of the fact at the<br />
time of submission of tenders, failing which the tender may be rejected or if such fact subsequently comes to<br />
light, the contract may be rescinded in accordance with the provision in the general condition of the contract.<br />
2.14 Errors, omissions and discrepancies in Tender Document Tenderer’s Risk.<br />
Should the tender find this discrepancies in, or omissions from the drawings or any of the tender forms or<br />
should he be in doubt as to their meaning, he should at once notify the authority, inviting tenders, who may send<br />
written instructions to all tenders. It shall be understood that every endeavour has been made to avoid errors<br />
which can materially affect the basis of the tender and successful tenderer shall take upon himself and provide<br />
for the risk of any error which may subsequently be discovered and shall make no subsequent claim on account<br />
thereof.<br />
2.15 Rate to cover Taxes and etc.<br />
For any job which involves supply of materials by the Contractor at his own cost the rate quoted shall be<br />
inclusive of all taxes, charges, octroi and etc. complete. Nothing extra is payable by the <strong>Railway</strong> over and above<br />
the rate quoted for the job.<br />
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PART-III<br />
GENERAL AND SPECIAL CONDITIONS OF CONTRACT<br />
3.1 Execution Correlation and Intent of Contract Documents<br />
The contract documents shall be signed in sufficient number of copies by the <strong>Railway</strong> and the contractor. The<br />
contract documents are complementary and what is called for by any one shall be as binding as if called for by<br />
all; the intention of the documents is to include all labor and materials, equipment and transportation charges<br />
necessary for the proper execution of the works. Materials or work not covered by or properly inferable from<br />
any heading or class of the specifications shall not be supplied by the <strong>Railway</strong> to the contractors unless<br />
distinctly specified in the contract documents.<br />
3.2 Service of notice on contractor<br />
The contractor shall furnish to the Engineer the name, designation and address of his authorized agent and all<br />
complaints, notices, communications, and references shall be deemed to have been duly given to the contractor,<br />
if delivered to the contractor or his authorized agent. In the case of contract by partners, any change in the<br />
constitution of the firm shall be forthwith notified by the Contractor to the Engineer.<br />
3.3 Allotment of <strong>Railway</strong> Land for Labour Camp Go down etc.<br />
Suitable sites of <strong>Railway</strong> land, if available, may be allotted to the Contractor free of charges for the erection of<br />
temporary labour camps, godowns etc. but the Contractor should be prepared to remove all these structures and<br />
make good the land thus allotted to the <strong>Railway</strong>, on receipt of two weeks’ notice in writing should any necessity<br />
arises for utilization of such land for any other purpose of <strong>Railway</strong>, without claiming any compensation thereof.<br />
If the Contractor fails to remove such camps & structures within two weeks of service of notice, the <strong>Railway</strong><br />
will be at liberty to have these structures and camps demolished without being liable for shortages and/or<br />
damages to Contractor’s property if there be any and the site cleared by any other agency and to recover the<br />
expenditure incurred therein from any dues of the Contractor outstanding with the <strong>Railway</strong>.<br />
3.4 Supply of Electric Power by the <strong>Railway</strong><br />
Electric connections at 400/300 V required at the site for the purpose of execution of the works may be<br />
provided by the <strong>Railway</strong> from the nearest available poles. All charges for the installation of Electric connections<br />
from the poles to the sites of the works including Boards, switches, meters etc. and also the charges for Electric<br />
current consumption at the rates as may be fixed by the <strong>Railway</strong> from time to time shall be borne by the<br />
Contractor.<br />
3.5 Accommodation<br />
The Contractor shall at his own expense make adequate arrangements for the housings for his staff and<br />
workmen directly or through petty Contractors or sub-constructor employed on the work and for temporary<br />
croche (Bal Mandir) where 50 or more women are employed at a time. Suitable sites on <strong>Railway</strong> land, if<br />
available, may be allotted to the Contractor for the erection of labour camps.<br />
3.6 Treatment of Contractor’s staff in <strong>Railway</strong> Hospitals<br />
The Contractor and his staff, other than labourers and their families requiring medical aid from the <strong>Railway</strong><br />
Hospitals and dispensaries will be treated as private parties and charged accordingly.<br />
3.7 Contractor’s Liability to obtain Security Permits<br />
<strong>Chittaranjan</strong> is a protected area entry into this is restricted by issue of Security Permit which is controlled by the<br />
Senior Security Commissioner (RPF)/CLW/<strong>Chittaranjan</strong>. The Contractor should therefore, arrange to obtain<br />
Security Permits of his own as well as his Labours, Supervisors, Engineer etc. well in advance and they should<br />
observe all Rules & Regulations formulated by the <strong>Railway</strong> from time to time in this respect. The Security<br />
Permits are also required for the materials, machines, and other accessories if any.<br />
3.8 Operation of vehicles on CLW Roads & other places<br />
In connection with operation of vehicles for transport of materials, the Contractor should observe all Rules &<br />
Regulations for running the vehicles, formulated by the provincial Government and the <strong>Railway</strong> from time to<br />
time. Speed restrictions should be carefully observed on roads.<br />
The <strong>Railway</strong> reserve the right to deduct cost of damages to roads, structures & any other assets caused by the<br />
Contractor. Administration’s decision in respect of recovery of the amount of cost of such damages shall be<br />
final and binding on the Contractor.<br />
3.9 Acceptance of issue of note for supply of <strong>Railway</strong> materials.<br />
The Contractor shall accept the issue notes for the materials supplied to him by the <strong>Railway</strong> immediately on<br />
supply.<br />
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3.10 Settlement of discrepancy in the issue of <strong>Railway</strong> materials.<br />
Any discrepancy or dispute that may arise regarding the quantity or quality of the materials supplied by the<br />
<strong>Railway</strong> should be settled in the course of the 10 days, all arrears cleared and un-conditional receipts given<br />
and/or taken.<br />
3.11 Contractor’s responsibility for safe custody of <strong>Railway</strong>’s materials<br />
The Contractor shall be responsible for the safe custody of all Government materials issued to him and shall<br />
duly account for them. He shall take adequate precautions against their loss, destruction, damage and/or<br />
deterioration from whatever cause.<br />
3.12 Causing damages to <strong>Railway</strong>’s equipment, machines, Private Life and Property etc. by the Contractor.<br />
Any damage caused to equipment, machines and other assets during the period of work shall be made good by<br />
the Contractor to the extent determined by the <strong>Railway</strong>, failing which, the <strong>Railway</strong> will be at liberty to realize<br />
such costs from the Contractor in any manner whatsoever.<br />
3.13 Supply of materials by <strong>Railway</strong><br />
Unless otherwise stated in the description of job provided in the “Schedules for the works, all rates quoted must<br />
be inclusive of supply of all materials required for proper execution of the works as per the specifications.<br />
Where the <strong>Railway</strong> is liable under the contract for supply of any materials for the works, the materials shall be<br />
supplied by the <strong>Railway</strong> to the contractor at the <strong>Railway</strong>’s Godown/store yard free of cost and the contractor<br />
shall transport the materials by the <strong>Railway</strong> shall be made for the calculated requirements only and in a<br />
progressive manner keeping in view of the progress of the works made by the Contractor.”<br />
3.14 Assistance to the Contractor.<br />
The Contractor shall not, accept to the extent specified/agreed to by the <strong>Railway</strong> in the acceptance of the tender,<br />
be entitled to assistance either in the procurement of raw materials, labour or transport facilities required for the<br />
fulfillment of the contract.<br />
3.15 Contractor to execute work with diligence and expedition.<br />
The Contractor shall execute the work with the diligence and expedition, should he refuse or neglect to comply<br />
with any reasonable orders given to him in writing by the <strong>Railway</strong> in connection with work, or contravene the<br />
provisions of the contract, the <strong>Railway</strong> shall be at liberty to give 07 days’ notice followed by 48 hrs. notice in<br />
writing to the contractor requiring him to make good the neglect or contravention complained of and should the<br />
Contractor fail to comply, with the requisitions made in the notice within 07 days from that date, it should be<br />
lawful for the <strong>Railway</strong> to take the work wholly or in part out of the Contractors hand without any further<br />
reference and get the work or any part there of as the case may be, completed by the <strong>Railway</strong> or other agencies<br />
at the expenses of the Contractor without prejudice to any other rights or remedies of the <strong>Railway</strong> in this regard.<br />
3.16 Rates for extra items of works.<br />
Any item of work carried out by the Contractor on the instructions of the Engineer which is not included in the<br />
accepted schedule of rates shall be executed at the rates agreed upon between the Engineer and the Contractor<br />
before the execution of such items of works. The Contractor shall be bound to notify the Engineer atleast 07<br />
days before the necessity arises for the execution of such item of work that the accepted schedule of rates does<br />
not include. The rates payable for such items shall be decided at the meeting to be held between the Engineer<br />
and the Contractor in as short a period as possible after the need for the special item has come to the notice. In<br />
case the Contractor fails to attend the meeting after being notified to do so or in the event of no settlement being<br />
arrived at, the <strong>Railway</strong> shall be entitled to execute the extra works by the means and the Contractor shall have<br />
no claim for loss or damage that may result from such procedure, provided that if the Contractor shall<br />
commence work or incur any expenditure in regard thereto before the rates shall be determined as lastly hereon<br />
to fore mentioned, then and in such a case the Contractor shall only be entitled to be paid in respect of the works<br />
carried out or expenditure incurred by him prior to the date of rates as aforesaid according to the rates as shall<br />
be fixed by the Engineer.<br />
However, if the Contractor is not satisfied with the decisions of the Engineer in the respect, he may appeal to<br />
the Chief Electrical Engineer within 20 days of getting the decisions of the Engineers supported by the analysis<br />
of rates claimed. The Chief Engineer’s decisions after hearing both the parties in the matter shall be final and<br />
binding on the Contractor and the <strong>Railway</strong>s.<br />
3.17 Force Majeure Clause: If at any time, during the continuance of this contract, the performance in whole or in<br />
part by either party of any obligation under this contract shall be prevented or delayed of any war, hostility, acts<br />
of public enemy, civil commotion, sabotage, serious loss or damage by fire, explosions, epidemics, strikes,<br />
lockouts or acts of God(hereinafter, referred to events) provided, notice of the happening of such event is given<br />
by either party to the other within 30 days from the date of occurrence thereof, neither party shall by reason of<br />
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such event, be entitled to terminate this contract nor shall either party have any claim for damages against the<br />
other in respect of such non performance of delay in performance, and works under the contract shall be<br />
resumed as soon as practicable after such event has come to an end or ceased to exist, and the decision of the<br />
Engineer as to whether the works have been so resumed or not shall be final and conclusive, provided further<br />
that if the performance in whole or in part of any obligation under this contract is prevented or delayed by<br />
reason of any such event for a period exceeding 120 days, either party may at its option terminate the contract<br />
by giving notice to the other party.<br />
3.17-A Subject to any requirement in the contract as to completion of any portions or portion of the works before<br />
completion of the whole, the contractor shall fully and finally complete the whole of the works comprised in the<br />
contract (with such modifications as may be directed under conditions of this contract) by the date entered in the<br />
contract or extended date in terms of the following clauses:-<br />
(i)<br />
(ii)<br />
(iii)<br />
If any modifications have been ordered which in the opinion of the Engineer have materially increased in the<br />
magnitude of the work, then such extension of the contract date of completion may be granted as shall appear to<br />
the Engineer to be reasonable in the circumstances, provided moreover that the Contractor shall be responsible<br />
for requesting such extension of the date as may be considered necessary as soon as the cause thereof shall arise<br />
and in any case not less than one month before the expiry of the date fixed for completion of the works.<br />
If in the opinion of the Engineer the progress of work has any time been delayed by any act or neglect of<br />
<strong>Railway</strong>’s employees or by other contractor employed by the <strong>Railway</strong> under sub clause (4) of clause 20 of<br />
<strong>Railway</strong> Board’s GCC of these conditions or in executing the work not forming part of the contract but on<br />
which contractor’s performance necessarily depends or by reason of proceeding taken or threatened by or<br />
dispute with adjoining or to neighboring owners or public authority arising otherwise through the Contractor’s<br />
own default etc. or by the delay authorized by the Engineer pending arbitration or in consequences of the<br />
contractor not having received in due time necessary instructions from the <strong>Railway</strong> for which he shall have<br />
specially applied in writing to the Engineer or his authorized representative then upon happening of any such<br />
event causing delay, the Contractor shall immediately give notice thereof in writing to the Engineer within 15<br />
days of such happening but shall nevertheless make constantly his best endeavors to bring down or make good<br />
the delay and shall do all that may be reasonably required of him to the satisfaction of the Engineer to proceed<br />
with the works. The contractor may also indicate the period for which the work is likely to be delayed and shall<br />
be bound to ask for necessary extension of time. The Engineer on receipt of such request from the contractor<br />
shall consider the same and shall grant such extension of time as in his opinion is reasonable having regard to<br />
the nature and period of delay and the type and quantum of work affected thereby. No other compensation shall<br />
be payable for works so carried forward to the extended period of time, the same rates, terms and conditions of<br />
contract being applicable as if such extended period of time was originally provided in the original contract<br />
itself.<br />
In the event of any failure or delay by the <strong>Railway</strong> to hand over the Contractor possession of the lands necessary<br />
for the execution of the works or to give the necessary notice to commence the works or to provide the<br />
necessary drawings or instructions or any other delay caused by the <strong>Railway</strong> due to any other cause whatsoever,<br />
then such failure or delay shall in no way affect or vitiate the contract or alter the character thereof or entitle the<br />
contractor to damages or compensation therefore but in any such case, the <strong>Railway</strong> may grant such extension or<br />
extensions of the completion date as may be considered reasonable.<br />
3.17-B Extension of time for delay due to contractor :-<br />
The time for the execution of the work or part of the works specified in the contract documents shall be deemed<br />
to be the essence of the contract and the works must be completed not later than the date(s) as specified in the<br />
contract. If the contractor fails to complete the works within the time specified in the contract for the reasons<br />
other than the reasons specified in clause 3.17 and 3.17-A, the <strong>Railway</strong> may, if satisfied that the works can be<br />
completed by the contractor within reasonable short time thereafter, allow the contractor for further extension of<br />
time (Performa Annex –I) as the Engineer may decide. On such extension the <strong>Railway</strong> will be entitled without<br />
prejudice to any other right and remedy available on that behalf, to recover from the contractor as agreed<br />
damages and not by way of penalty sum equivalent to ½ of 1% of the contract value of the works for each week<br />
or part of the week.<br />
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For the purpose of this clause, the contract value of the works shall be taken as value of work as per contract<br />
agreement including any supplementary work order/ contract agreement issued. Provided also, that the total<br />
amount of liquidated damages under this condition, shall not exceed the under noted percentage value or total<br />
value of the item or groups of items of work for which a separate distinct completion period is specified in the<br />
contract.<br />
(i) For contract value up to Rs. 2 lakhs 10% of the total value of the contract.<br />
(ii) For contract value above Rs. 2 lakhs 10% of the first Rs. 2 lakhs and 5 % of the balance<br />
Further competent authority while granting extension to the currency of the contract under clause 17(B) of<br />
<strong>Railway</strong> Bd’s GCC may also consider levy of token penalty as deemed fit based on the merit of the case.<br />
Provided further, that if the <strong>Railway</strong> is not satisfied that the works can be completed by the Contractor and in<br />
the event of failure on that part of the contractor to complete the work within further extension of time allowed<br />
as aforesaid, the railway shall be entitled without prejudice to any other right or remedy available in that behalf,<br />
to appropriate the Contractor’s security deposit and rescind the contract under clause 62 of <strong>Railway</strong> Bd’s GCC<br />
conditions, whether or not actual damage is caused by such default.<br />
3.18 Instructions of Engineers Representative<br />
Any instructions or approval given by the Engineer’s representative to the Contractor in connection with the<br />
works shall bind the Contractor as though it had been given by the Engineer provided always as follows:<br />
a) Failure of the Engineer’s representative to disapprove and work or materials shall not prejudice the power<br />
of the Engineer thereafter to disapprove such work or materials and to order the removal or breaking up<br />
thereof.<br />
b) If the Contractor shall be dissatisfied by reason of any decision of the Engineer’s representative, he shall be<br />
entitled to refer the matter to the Engineer who shall thereupon confirm or modify such decision.<br />
3.19 Meaning and intent of specification and drawings.<br />
If any ambiguity arises as to the meaning and intent of any portion of the specification and drawings or as to<br />
execution or quality of any work or material or as to measurements of the works, the decision of the Engineer<br />
thereof shall be final subject to appeal (within 10 days of such decisions being intimated to the contractor) to the<br />
Chief Electrical Engineer/Deputy Chief Electrical Engineer (Maint).<br />
3.20 Provision of efficient competent staff/Engineer.<br />
The contractor shall place and keep on the works at all time efficient and competent staff to give the necessary<br />
direction to his workmen and to see that they execute their work in sound and proper manner and shall employ<br />
only such supervisors, engineer workmen and labourers, in or about execution of any of the works as are careful<br />
and skilled in their various trades and callings. The contractor shall at once remove from the works any agents,<br />
permitted sub-contractor, supervisor, Engineer and if and whenever required by the Engineer, he shall submit a<br />
correct return showing the names of all staff and workmen employed by him. In the event of the Engineer being<br />
of the opinion that the Contractor is not employing on the works a sufficient number of staff and workmen as is<br />
necessary for the proper completion of the works within the time prescribed, the Contractor shall forthwith on<br />
receiving intimation to this effect take on the additional number of staff and labour specified by the Engineer<br />
within seven days of being so required and failure on the part of the Contractor to comply with such instructions<br />
will entitle the <strong>Railway</strong> to rescind the Contract under Clause 3.52 of these conditions.<br />
3.21 Facilities for inspection.<br />
The Contractor shall afford the Engineer and the Engineer’s representative every facility for entering in and<br />
upon every portion of the work at all hours for the purposes of inspection or otherwise and shall provide all<br />
labours, materials, plants, appliances etc. required for the purpose.<br />
3.22 Tools, Plant and Materials supplied by <strong>Railway</strong>.<br />
The Contractor shall take reasonable care of all tools, plant and materials or other property belonging to the<br />
<strong>Railway</strong> and committed to his charge for the purpose of the works and shall be responsible for all damage or<br />
loss caused by him, his agents, permitted Sub-Contractor or his workmen or others while they are in his charge.<br />
The Contractor shall sign accountable receipt for tools, plant and materials made over to him by the Engineer<br />
and on completion of the works shall hand over the unused balance of the same to the Engineers in good order<br />
and repair free, wear and tear expected and shall be responsible for any failure to account for the same or any<br />
damage done thereto.<br />
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3.23 Hire or <strong>Railway</strong> Plant.<br />
The <strong>Railway</strong> may give on hire, if available; to the Contractor such plant and machinery as may be required for<br />
the execution of the works on such terms and conditions which should be agreed to by the <strong>Railway</strong> and the<br />
Contractor before-hand through a separate agreement.<br />
3.24 Handing over of works.<br />
The Contractor shall be bound to hand over the works executed under the Contract to the <strong>Railway</strong>, complete in<br />
all respects, to the satisfaction of the Engineer. The Engineer shall determine the date on which the work is<br />
considered to have been completed, in support of which his certificate shall be regarded as sufficient evidence<br />
for all purposes. The Engineer shall determine from time to time the date on which any particular section of the<br />
work shall have been completed and the contractor shall be bound to observe any such determination of the<br />
Engineer.<br />
3.25 Power of Modification to contract.<br />
The Engineer on behalf of the <strong>Railway</strong> shall be entitled by order in writing to enlarge or extend, diminish or<br />
reduce the works or make any alterations in their design, character, position, site quantities, dimensions or the<br />
method of their execution or in the combination and use materials for the execution thereof and to other any<br />
additional works to be done or any works not to be done the Contractor will not entitled to any compensation<br />
for the actual for the actual amount of work done and for approved materials furnished against a specific order.<br />
3.26 Measurement certificates and payments, quantity in schedules annexed to contract.<br />
The quantities set out in the accepted schedule of rates with items of works quantified are the estimated<br />
quantities of the works and they shall not be taken as the actual and correct quantities of the works to be<br />
executed by contractor in fulfillment of his obligations under the contract.<br />
3.27 Measurement of works.<br />
The Contractor shall be paid for the works at the rates in the accepted schedule of rates and for extra works at<br />
rates determined under clause 3.16 on the measurements taken by the Engineer’s representative in accordance<br />
with the rules.<br />
3.28 Maintenance of works.<br />
The Contractor shall at all times during the progress/and continuance of the works and also for the period of 12<br />
months after completion of work be responsible for all and every part of the works and shall make good from<br />
time to time any damage or defect that may during the above period arise in or be discovered or be in any way<br />
connected the works.<br />
3.29 Certificate of completion of works.<br />
As soon as in the opinion of the Engineer the works shall have been substantially completed and shall have<br />
satisfactorily passed any final test of tests that may be prescribed, the Engineer shall issue a certificate of<br />
completion in respect of the works and the period of maintenance of works shall commence from the date of<br />
such certificate, provided that the Engineer may issue such a certificate with respect to any part of the works<br />
before the completion of the whole of the works or with respect to any substantial part of the works which has<br />
been both completed to the satisfaction of the Engineer and occupied or used by the <strong>Railway</strong> and when any such<br />
certificate is given in respect of a part of the works and such part shall be considered as completed and the<br />
period of maintenance of such part shall commence from the date of such certificate.<br />
3.30 With-holding of payment for non production of I.T.C.C. & S.T.C.C. DELETED<br />
3.31 Observance of official secret act.<br />
All drawings supplied to the contract by the <strong>Railway</strong> are confidential and the same must be strictly confined to<br />
the contractor’s own use (except so far as confidential disclosure to Sub-Contractors, suppliers is necessary) and<br />
to the purpose of the contract. They should have to strictly abide by the I.E. Act at every step wherever required.<br />
3.32 Recovery of advance Income Tax.<br />
Advance Income Tax will be recovered from each bill drawn in favour of the Contractor at the rate of prevailing<br />
percent and surcharge thereon of the amount billed for payment to the Contractor and the amount recovered will<br />
be credited to concerned Income Tax Authority. The recovery of advance Income Tax shall however not be<br />
made if the Contractor produces orders of the Competent Authority of the Income Tax Deptt. that advance<br />
Income Tax is not recoverable from the Contractor’s bills.<br />
3.33 Submission of programme for execution of the work.<br />
Within thirty days after he has been instructed to take up the work, the Contractor shall submit to the Engineer<br />
for his approval detailed programme showing the sequence of items and activity of work and its expected date<br />
of completion, procedure and method in which he proposes to carry out the works or wherever required by the<br />
Engineer.<br />
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3.34 Claim on account of variations in prices for labour & materials<br />
No claim will be entertained by the <strong>Railway</strong> for any fluctuation of market rates in respect of labour & material.<br />
3.35 Contractor to arrange tools, plants etc.<br />
All tools & plants and other accessories for the proper execution of the works shall have to be found and<br />
arranged by the Contractor at his own costs.<br />
3.36 Acceptance of materials statement by the Contractor<br />
On completion of the work, material statement for Rly. Materials if issued to Contractor, should be reconciled<br />
and finally accepted by the Contractor within 7 days of signing of final measurements, failing which the<br />
<strong>Railway</strong> would be at liberty to pass the bill with the material statement made out by it as final and no claims or<br />
disputes on this account will be entertained thereafter.<br />
3.37 Documents to be produced by the successful tenderer<br />
Within seven days of receipt of the letter of acceptance the successful tenderer shall produce before the<br />
Engineer/CLW/<strong>Chittaranjan</strong> the following documents:<br />
If the successful Tenderer is an individual carrying on business in a name other than his own, a duly sworn<br />
affidavit (with 3 attested copies) declaration that he is the sole proprietor of the business.<br />
If a partner firm three attested copies of Deed of partnership and certificate showing that the firm has been<br />
registered with the Registrar of firms.<br />
If a limited liability company, a copy of memorandum and Articles of Association showing the names of the<br />
Directors of the company who are authorized to sign on behalf of the company.<br />
Where the proprietors, partners or directors will not themselves attend to the work but some other person would<br />
do so, a proper power of attorney should be given authorizing. The constituted attorney to sign the contracts,<br />
variations thereof, supplementary agreements, Measurements, bills, “NO CLAIM” certificates & etc and every<br />
change in the Power of Attorney or withdrawal thereof should be immediately noticed to the Engineer,<br />
<strong>Chittaranjan</strong> <strong>Locomotive</strong> <strong>Works</strong>/<strong>Chittaranjan</strong>.<br />
If a limited liability company, a copy of memorandum and Articles of Association showing the names of the<br />
Directors of the company who are authorized to sign on behalf of the company.<br />
Where the proprietors, partners or directors will not themselves attend to the work but some other person would<br />
do so, a proper power of attorney should be given authorizing. The constituted attorney to sign the contracts,<br />
variations thereof, supplementary agreements, Measurements, bills, “NO CLAIM” certificates & etc and every<br />
change in the Power of Attorney or withdrawal thereof should be immediately noticed to the Engineer,<br />
<strong>Chittaranjan</strong> <strong>Locomotive</strong> <strong>Works</strong>/<strong>Chittaranjan</strong>.<br />
3.38 Limitation of <strong>Railway</strong>s Liability to accept change in Power of Attorney<br />
The <strong>Railway</strong> will not be bound by any power of Attorney granted by the Tenderer or any changes in the<br />
composition of the firm made subsequent to the execution of the contract. It may however, recognize such<br />
power of Attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the<br />
Contractor.<br />
3.39 Indemnification by the Contractor<br />
Where a workman employed by the <strong>Railway</strong> has recovered compensation from the <strong>Railway</strong> in respect of injury<br />
caused under circumstances which create a legal liability of the Contractor to pay damages in respect thereof,<br />
the Contractor shall indemnify the <strong>Railway</strong> in respect thereof and the <strong>Railway</strong> shall be entitled to deduct from<br />
any money due or to become due (Whether under this contract or any other contract) all money paid or payable<br />
by the <strong>Railway</strong> by way of compensation as aforesaid or the cost of expenses in connection with the claim<br />
thereto and the Contractor shall abide by the decision of the <strong>Railway</strong> as to the sum payable by the Contractor<br />
under the provision of this clause.<br />
3.40 Materials of approved quality to be used.<br />
All materials to be used by the Contractor on the work shall be approved quality. The successful Tenderer shall<br />
obtain the approval of site Engineer or his authorized representative for use of all such materials/equipments not<br />
listed in annexure of Pt.-V or whose preferred makes are not mentioned in the technical specification Pt. V<br />
before using them in execution of the work.<br />
3.41 Acceptance of works.<br />
When the execution of any work is completed in all respects, the <strong>Railway</strong> shall be informed in writing by the<br />
Contractor and the <strong>Railway</strong> will arrange to get them inspected and tested at the cost of the Contractor. On being<br />
found satisfactory, the work shall be accepted such acceptance being communicated in writing to the<br />
Contractor.<br />
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3.42 <strong>Works</strong> to be finally taken over.<br />
The work shall not be deemed to have been finally taken over by CLW on the above mentioned acceptance vide<br />
clause No.3.41. The Contractor shall be liable for replacement of any defective material or work whether arising<br />
from faulty design, material, workmanship or otherwise, free of cost during warranty period of 12(twelve)<br />
months.<br />
3.43 Contractor’s liability.<br />
The Contractor will be relieved of the liability arising under this contract wherever and to the extent to which<br />
the fulfillment of any obligation under the contract is prevented; frustrated or impeded by reason of any<br />
statutory rules, regulations orders or requisition issued by the Government Department or other competent<br />
authority. The <strong>Railway</strong> will however, not be liable for any compensation to the Contractor, in any such<br />
eventuality.<br />
3.44 Cessations of <strong>Railway</strong>s liability<br />
The <strong>Railway</strong> shall not be liable to the Contractor for any matter arising out of or in connection with the contract<br />
or the execution of the works unless the Contractor shall have made a claim in writing in respect thereof before<br />
the expiry of warranty period.<br />
3.45 Antilarval clause.<br />
The Contractor shall be responsible for anti larval work at his cost during progress of works as may be<br />
prescribed by the Engineer on the advice of the <strong>Railway</strong> Medical authority and where use of insecticides is<br />
involved, it shall be done in accordance with the provision of the act and rules in this behalf at the cost of the<br />
Contractor, who shall also be solely responsible for any acts or omissions under the provisions of the aforesaid<br />
rules.<br />
3.46 Price of stores shall include all rates, Taxes etc.<br />
Save and except as specifically, stated and/or provided for in the tender papers and/or these special conditions<br />
of Contract, the prices for stores etc. are also to include all rates, Taxes, levies, impositions and outgoings<br />
whatsoever and the <strong>Railway</strong> shall have no liability for any of these charges. The rate of sales tax etc. charged<br />
may be indicated. <strong>Railway</strong> is entitled to reduction of sales tax charge etc. against the submission of ‘D’ form<br />
and the tenderer should quote rates accordingly.<br />
3.47 Provision of payment of wages<br />
The Contractor shall comply with the provisions of the payment of wages Act, 1936 and the rules made there<br />
under in respect of employees directly or through petty Contractors or Sub-Contractors employed by him in the<br />
works.<br />
3.48(a) Security Deposit to be held against the contract<br />
(1) The Earnest money deposited by the successful tenderer with his tender will be retained by the <strong>Railway</strong>s as part<br />
of security for the due and faithful fulfillment of the contract by the contractor. The balance to make up the<br />
security deposit for which are given below., may be deposited by the Contractor in cash or may be recovered by<br />
percentage deduction from the contractor’s “ On Account” bills. Provided also that in case of defaulting<br />
contractor the railway may retain any amount due for payment to the Contractor on the pending “On Account<br />
bills”, so that the amounts so retained may not exceed 10% of the total value of the contract.<br />
(2) Unless otherwise specified in the special conditions, if any, the security deposit/rate of recovery/mode of<br />
recovery shall be as under:-<br />
(a)<br />
(b)<br />
Security deposit for each work should be 5% of the contract value,<br />
The rate of recovery should be @ 10% of the bill amount till the full security deposit is recovered,<br />
Security deposits will be recovered only from the running bills of the contract and no other mode of collecting<br />
SD such as SD in the form of instruments like BG, FD etc. shall be accepted towards security deposit.<br />
The Security deposit, however, shall be released only after the expiry of the maintenance period and after<br />
passing of the final bill passed on “No Claim” certificate issued by an officer not below the rank of JAG.<br />
No interest will be payable upon the earnest money and security deposit or amounts payable to the contractor<br />
under the contract, but Government securities deposited in terms of sub-clause (1) of the clause will be payable<br />
with interest accrued thereon.<br />
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3.48(b) Performance Guarantee. (P.G) as per <strong>Railway</strong> Board Letter No.2007/CE.I/CT/18 Pt.XII dated<br />
31/12/2010, clause no. 16(4)<br />
The procedure for obtaining performance guarantee is outlined below<br />
(I)The successful bidder shall have to submit a performance Guarantee (PG) within 30 (thirty) days from the<br />
date of issue of Letter of Acceptance (LOA) . Extension of time for submission of PG beyond 30 (thirty)<br />
days and up to 60 days from the date of issue of LOA may be given by the Authority who is competent to<br />
sign the contract agreement. However, a penal interest of 15% per annum shall be charged for the delay<br />
beyond 30 (thirty) days, i.e. from 31th day after the date of issue of LOA. In case the contract fails to submit<br />
the requisite PG even after 60 days from the date of issue of LOA, the contract shall be terminated duly<br />
forfeiting EMD and other dues, if any payable against that contract. The failed contractor shall be debarred<br />
from participating in re- tender for that work.<br />
(II) The successful bidder shall submit the<br />
amounting to 5% of the contract value :-<br />
performance guarantee (PG) in any of the following forms,<br />
(i) A deposit of cash.<br />
(ii) Irrevocable bank guarantee.<br />
(iii) Government Securities including State Loan Bonds at 5% below the market value,<br />
(iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of Performance<br />
Guarantee could be either of the State Bank of India or of any of the Nationalized Banks.<br />
(v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks;<br />
(vi) A Deposit in the Post Office Saving Bank;<br />
(vii) A Deposit in the National Savings Certificate;<br />
(viii) Twelve years National Defence Certificates;<br />
(ix) Ten years Defence Deposits;<br />
(x) National Defence Bonds;<br />
(xi) Unit Trust Certificates at 5% below market value or at the face value whichever is less.<br />
Also, FDR in favour of FA& CAO/ CLW/ <strong>Chittaranjan</strong> (free from any encumbrance) may be accepted.<br />
NOTE: The instruments as listed above will also be acceptable for Guarantees in case of<br />
Mobilization advance.<br />
(III)<br />
The performance guarantee shall be furnished by the successful contractor after the Letter of Acceptance has<br />
been issued, but before signing of the agreement. This PG shall be valid up to the stipulated date of completion<br />
plus 60 days beyond that. In case, the time for completion of works gets extended, the contractor shall get the<br />
validity of Performance Guarantee extended to cover such extended time for completion of work plus 60 days.<br />
(IV)<br />
(V)<br />
(VI)<br />
The value of PG to be submitted by the contractor will not changed for variation up to 25% ( either increase or<br />
decrease). In case during the course of execution, value of the contract increases by more than 25 % of the<br />
original contract value , and additional PG amounting to 5 % ( five percent) for the excess value over the<br />
original contract value shall be deposited by the contractor.<br />
The Performance guarantee shall be released after the physical completion of the work based on the<br />
“Completion Certificate” issued by the competent authority stating that the contractor has completed the work<br />
in all respects satisfactorily. The security deposit, however, shall be released only after the expiry of the<br />
maintenance period and after passing the final bill based on “No Claim Certificate”.<br />
Wherever the contracts are rescinded, the security deposit shall be forfeited and the performance guarantee shall<br />
be encashed .The balance work shall be got done independently without risk and cost of the failed contractor.<br />
The failed contractor shall be debarred from participating in the tender for executing the balance work. If the<br />
failed contractor is a JV or a partnership firm, then every member/partner of such a firm shall be debarred from<br />
participating in the tender for the balance work either in his/her individual capacity or as a partner or any other<br />
JV/partnership firm.<br />
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(VII) The Engineer shall not make a claim under the Performance Guarantee except for amounts to which the<br />
President of India is entitled under the contract (not withstanding and/ or without prejudice to any other<br />
provisions in the contract agreement).<br />
i) Failure by the contractor to extend the validity of the Performance Guarantee as described herein above, in<br />
which event the Engineer may claim the full amount of the performance guarantee.<br />
ii) Failure by the contractor to pay President of India any amount due, either as agreed by the contractor or<br />
determined under any of the clauses/ conditions of the agreement, within 30 days of the service of notice to this<br />
effect by Engineer.<br />
iii) The contract being determined or rescinded under provision of the GCC the Performance Guarantee shall be<br />
forfeited in full and shall be absolutely at the disposal of the President of India.<br />
3.49 Application & provision of contract labour (Regulation & Abolition) Act 1970 and the Central,<br />
Rules 1971.<br />
a) The Contractor shall comply with the provision of the contract labour (Regulation & Abolition) Act 1970 and<br />
the contract labour (Regulation & Abolition) General Rules, 1971 as modified from time to time wherever<br />
applicable and shall also indemnify the <strong>Railway</strong> from and against any claims under the aforesaid Act and the<br />
Rules.<br />
b) The Contractor shall obtain a valid license under the aforesaid Act as modified from time to time before the<br />
commencement of the work. Any failure to fulfill this requirement shall attract the penal provisions of the<br />
contract arising out of the resultant non-execution of the work.<br />
c) The Contractor shall pay to labour employed by him directly or through Sub-Contractors the wages as per<br />
provisions of the aforesaid Act and the Rules wherever applicable. The Contractor shall not withstanding the<br />
provisions of the contract to contrary, cause to be paid wages to labour indirectly engaged on the work<br />
including any engaged by his Sub-Contractors in connection with the said work, as if the labour had been<br />
immediately employed by him.<br />
d) In respect of all labour directly or indirectly employed in the work for performance of the Contractor’s part of<br />
the contract, the contractor shall comply with or cause to be complied with the provisions of the aforesaid Act<br />
and the Rule wherever applicable.<br />
e) In every case in which, by virtue of the provisions of the aforesaid Act & the Rules, the <strong>Railway</strong> is obliged to<br />
pay an amount of wages to a workman employed by the Contractor or his Sub-Contractor in execution of the<br />
work or to incur any expenditure in providing welfare and health amenities required to be provided under the<br />
aforesaid Act and the Rules or to incur any expenditure on account of the contingent liability of the <strong>Railway</strong> due<br />
to the Contractor’s failure to fulfill his statutory obligations under the aforesaid Act or the<br />
Rules, the <strong>Railway</strong> will recover from the Contractor, the amount of wages so paid or the amount of expenditure<br />
so incurred, and without prejudice to the rights of the <strong>Railway</strong> under Section 20, Sub-Section(2) and section 22<br />
Sub-Section (4) of the aforesaid Act, the <strong>Railway</strong> shall be at liberty to recover such amount or part thereof by<br />
deducting if from the Security Deposit and or from any sum due by the <strong>Railway</strong> to the Contractor whether<br />
under the Contractor or otherwise. The <strong>Railway</strong> shall not be bound to contest any claim made against it under<br />
Sub-Section (1) of Section 20 and Sub-Section 4 of the section 21 of the aforesaid Act except on the written<br />
request of the contractor and upon his giving to the <strong>Railway</strong> full security for all costs for which the <strong>Railway</strong><br />
might become liable in contesting such claim. The decision of the railway regarding the amount actually<br />
recoverable from the contractor as stated above shall be final and binding on the Contractor.<br />
(f) For the purpose of the aforesaid Act & Rules the principal Employer shall be the Engineer of the works.<br />
3.50 Signing of “NO CLAIM” Certificate<br />
The Contractor shall not be entitled to make any claim whatsoever against the <strong>Railway</strong> under or by virtue of or<br />
arising out of this contract, nor shall the <strong>Railway</strong> entertain or consider any such claim, if made by the<br />
contractor, after he shall have signed a<br />
“NO CLAIM” certificate in favour of the <strong>Railway</strong>, in such from as shall be required by the <strong>Railway</strong> after the<br />
works are finally measured up. The Contractor shall be debarred from the correctness of the items covered by<br />
“NO CLAIM” certificate or demanding a reference to arbitration in respect thereof.<br />
3.51 RIGHT OF RAILWAY TO DETERMINATE CONTRACT<br />
(1) The <strong>Railway</strong> shall be entitled to determine and terminate the contract anytime should, in the <strong>Railway</strong>’s opinion,<br />
the cessation of work become necessary owing to paucity of funds or from any other cause whatsoever, in<br />
which case the value of approved materials at site and of work done to the date by the Contractor will be paid<br />
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for in full at the rates specified in the contract. Notice in writing from the <strong>Railway</strong> of such determination and the<br />
reason therefore shall be conclusive evidence thereof.<br />
(2) PAYMENT TO DETERMINATE CONTRACT BY RAILWAY.<br />
Should the contract be determined under sub-clause(1) of this clause and the Contractor claims payment for<br />
expenditure incurred by him in the expectation of completing the whole of the works, the <strong>Railway</strong> shall admit<br />
and consider such claims as are deemed reasonable and are supported by vouchers to the satisfaction of the<br />
Engineer.<br />
The Contractor shall have no claim to any payment or compensation or otherwise howsoever on account of any<br />
profit or advantage which he might have derived in consequence from the execution of the work in full but<br />
which he did not derive in consequence of determination of contract. The <strong>Railway</strong>s decision on the necessary<br />
and propriety of such expenditure shall be final and conclusive.<br />
DETERMINATION OF CONTRACT OWING TO DEFAULT IN THE CONTRACT<br />
3.52 (1) If the Contractor should-<br />
(i) become bankrupt or insolvents, or<br />
(ii) make an arrangement with or assignment in favour of his creditors or agree to carry out the contract<br />
under a committee or Inspection of his creditors, or<br />
(iii) being a company or corporation, go into liquidation (other than a voluntary liquidation for the purpose<br />
of amalgamation or reconstruction)<br />
(iv) have an execution levied on his goods or property on the works or<br />
(v) Abandon the contract, or<br />
(vi) Persistently disregard the instruction of the Engineer, or contravenes any provision of the contract, or<br />
(vii) Fail to adhere to agreed programme of work by margin of 10 percent of the stipulated period, or<br />
(viii) fail to remove materials from the site or to pull down and replace work after receiving from the<br />
Engineer notice to the effect that the said materials or works have been condemned or rejected under<br />
Clauses 3.3 & 3.20 of these conditions, or<br />
(ix) fail to take steps to employ competent or additional staff and labour as required under clause 3.20 of<br />
these conditions, or<br />
(x) fail to afford the Engineer or Engineer’s representative proper facilities for inspecting the works or any<br />
part thereof as required under Clause 3.21 of these conditions, or<br />
(xi) promise, offer or give any bribe, commission, gift or advantage either himself or through his partner or<br />
servant to any officer or employee of the <strong>Railway</strong> or to any person on his of on their behalf in relation<br />
to the execution of this or any other contract with the <strong>Railway</strong>, then and in any of the said causes, the<br />
Engineer on behalf of the <strong>Railway</strong>, may serve the Contractor with a notice in writing to that effect<br />
and if the Contractor does not within 7 days after the delivery to him of such notice proceed to make<br />
good his default in so far as the same is capable of being made good and carry on the work or comply<br />
with such directions as aforesaid to the entire satisfaction of the Engineer, the <strong>Railway</strong> shall be entitled<br />
after giving 48 hours notice in writing under the hand of the Engineer to remove the Contractor from<br />
the whole or any portion to portions (as may be specified in such notice) of the works without thereby<br />
avoiding the contract or realizing the Contractor from any of his obligations or liabilities under the<br />
contract and adopt any or several following courses:-<br />
a) to rescind the contract, of which rescission notice in writing to the Contractor under the hand of the Engineer<br />
shall be conclusive evidence, in which case the security deposit of the Contractor shall stand forfeited to the<br />
<strong>Railway</strong> without prejudice to the <strong>Railway</strong>’s right or recover from the Contractor any amount by which the cost of<br />
completing the works by any other agency shall exceed the value of the contract:<br />
b) to carry out the works, or any part thereof by the employment of the required labour and materials, the costs of<br />
which shall include lead, lift, freight supervision and all indental charges and to debit the Contractor with such<br />
cost, the amount of which as certified by the Engineer shall be final and binding upon the Contractor, and to<br />
credit the Contractor with value of the works done as if the works had been carried out by the Contractor under<br />
the terms of the contract, and the certificate of the Engineer in respect of the amount to be credited to the<br />
Contractor shall be final and binding upon the Contractor.<br />
c) to measure up the work executed by the Contractor and to get the remaining work completed by another<br />
Contractor at the risk and expense of the Contractor in all respects in which case any expenses that may be<br />
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xii)<br />
incurred if the works had been carried out by him under the terms of the contract, the amount of which excess as<br />
certified by the Engineer shall be final and binding upon the Contractor, shall be borne and paid by the<br />
Contractor and may be deducted from any moneys due to him by the <strong>Railway</strong> under the contract or otherwise of<br />
from his Security Deposit. Provided always that in any case in which any of the powers conferred upon the<br />
<strong>Railway</strong> by Sub-Clause (1) of Clause 60 thereof shall have become exercisable and the same shall be not<br />
exercised the non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers<br />
shall not withstanding be exercisable in the event of any future case of default by the Contractor which is liability<br />
for past and future shall remain unaffected.<br />
At any time after the tender relating to the contract has been signed and submitted by the Contractor, being a<br />
partnership firm, admit as one of its partners of employ under it or being an incorporated company elect or<br />
nominate or allow to act as one of its directors or employ under it in any capacity whatsoever any retired<br />
Engineer of the Gazetted Officer working before his retirement whether in the executive or administrative<br />
capacity or whether holding pensionable post or not in the Engineering department of any of the <strong>Railway</strong>s for the<br />
time being owned and administered by the President of India before the expiry of two years from the date of<br />
retirement from the said servile of such Engineer or officer unless such Engineer or Officer has obtained<br />
permission from the President of India or any officer duly authorized by him in this behalf to become a partner or<br />
a director or to take employment under the contractor, as the case may be ,or<br />
B. Fail to give at the time of submitting the said tendera)<br />
the correct information as to the date of retirement of such retired Engineer or retired officer from the said<br />
service or as to whether any such retired Engineer of retired officer was under employment of the Contractor at<br />
the time of submitting the said tender, or<br />
b) the correct information as to such Engineers or officers obtaining permission to take employment under the<br />
Contractor, or<br />
c) being a partnership firm, the correct information as to whether any of its directors was such a retired Engineer or<br />
a Gazetted Officer or<br />
d) being in incorporated company correct information as to whether any of its partners was such a retired Engineer<br />
or a retired officer, or<br />
e) being such a retired Engineer or retired officer suppress and not disclose at the time of submitting the said tender<br />
the fact of his being such a retired Engineer or a retired officer or makes at the time of submitting the said tender,<br />
a wrong statement in relation to his obtaining permission to take the contract of if the Contractor be a partnership<br />
or an incorporated company to be a partner or director of such firm or company as the case may be or to seek<br />
employment under the Contractor, then and in any of the said cases the Engineer on behalf of the contractor<br />
f) <strong>Railway</strong>, may serve the Contractor with a notice in writing to that effect and if the Contractor does not within<br />
seven days after the delivery to him of such notice proceed to make good his default in so far as the same is<br />
capable of being made good and carry on the work or comply with such directions as aforesaid to the entire<br />
satisfaction of the Engineer, the <strong>Railway</strong> shall be entitled after giving 48 hours notice in writing under the hand<br />
of the Engineer to rescind the contract as a whole or in part or parts (as may be specified in such notice) as adopt<br />
either or both of the following courses.<br />
2) RIGHT OF THE RAILWAY AFTER RECESION OF CONTRACT OWING TO DEFAULT OF<br />
CONTRACT<br />
In the event of any or several of the courses referred to in sub-clause (1) of this clause, being adopted,<br />
a) The Contractor shall have no claim to compensation for any loss sustained by him by reason of his having<br />
purchased or procured any materials or entered into any commitments or made any advances on account of or<br />
with a view to the execution of the works or to the performance of the contract and the Contractor shall not be<br />
entitled to recover or be paid any sum for any work thereto for actually performed under the contract unless and<br />
until the Engineer shall have certified the performance of such work and the value payable in respect thereof and<br />
the Contractor shall only be entitled to be paid, the value so certified.<br />
b) Engineer or the Engineer’s representative shall be entitled to take the possession of any materials, tools,<br />
implements, machinery and buildings, on the works or on the property on which these are being or ought to have<br />
been executed and to retain and employ the same in the further execution of the works or any part thereof until<br />
the completion of the works without the Contractor being entitled to any compensation for the use and<br />
employment thereof or for wear and tear or destruction thereof.<br />
c) The Engineer, shall, as soon as may be practicable after removal of the Contractor, fix and determine ex-parte or<br />
by or after reference to the parties or after such investigation or enquiries as he may consider fit to make or<br />
institute and shall certify that amount (if any) had at the time of rescission of the contract been reasonably earned<br />
by or would reasonability accrue to the Contractor and what was the value of any unused or partially used<br />
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materials, any constrainable plant and any temporary works upon the site. The legitimate amount due to the<br />
contractor after making necessary deductions and certified by the engineer should be released expeditiously.<br />
3.52 Execution of Contract Documents.<br />
i) The Tenderer whose tender is accepted shall be required to appear at the office of the General manager,<br />
Chief Electrical Engineer, Deputy Chief Electrical Engineer or Senior Electrical Engineer, as the case may<br />
be in person or if firm or corporation, a duly authorized representative shall so appear, and to execute the<br />
contract documents within seven days after notice that the contract has been awarded to him. Failure to do<br />
so shall constitute a breach of the agreement effected by the acceptance of the tender in which case the full<br />
value of the Earnest Money accompanying the tender shall stand forfeited without prejudice to many other<br />
rights or remedies.<br />
ii)<br />
iii)<br />
The cost of stamping the Agreement shall be borne by the Contractor.<br />
In the event of any Tenderer shoes tender is accepted shall refuse to execute the contract documents as here in<br />
before provided, the <strong>Railway</strong> may determine that such Tenderer abandoned thereof shall be treated as<br />
cancelled and the railway shall be entitled to forfeit the full amount of the Earnest Money had to recover the<br />
liquidated damages for such default.<br />
3.54 Arbitration matters finally determined by the <strong>Railway</strong>s.<br />
All disputes or differences of any kind whatsoever arising out of or in connection with contract, whether during<br />
the progress or work or after their completion and whether before or after the determination of the contract,<br />
shall be referred by the contractor to the <strong>Railway</strong> and <strong>Railway</strong> shall within a reasonable time after their<br />
presentation can notify decisions there on in writing but such maters which are contained in G.C.C.8A.18.22(5)<br />
39, 43(2), 45(A) 55, 55(A) 5(57) 57A, 61(1), 61(2)and 62(1) or any matters decision of which is specially<br />
provided for by these conditions will be treated as exceptional matters and the decision made by the <strong>Railway</strong><br />
authorities shall be final and binding upon the contractors.<br />
3.55 Demand for Arbitration.<br />
3.55.1(i) If any or any matter in question, dispute of differences on any account or as to the with holding by the<br />
<strong>Railway</strong> for his entitlement, if the <strong>Railway</strong> fails to make a decision within 120 days, then in any such case<br />
but except in any of the exceptional cases referred to in clause 63, the contractor may after 120 days of<br />
submission of his disputed claim can ask in writing within 180 days to the effect that this dispute may be<br />
3.55.1(ii)<br />
referred to arbitration.<br />
Subjects in Arbitration demand will contain mater in question, dispute of difference and also the amount<br />
claimed. Only specified matter may be referred to Arbitration not the others.<br />
3.55.1(ii)(A) Arbitration proceeding will be effected from such date by which written and legal demand has been<br />
received by the <strong>Railway</strong>s.<br />
3.55.1(ii)(B) The claimant will submit his claim with supporting documents and also state the remedy for each claim<br />
within 30 days from the date of appointment of arbitrator.<br />
3.55.1(ii)(C) Until the Tribunal permit the extension of the time the <strong>Railway</strong> will submit its defence statement and<br />
counter claims within 60 days from the date of receipt of the copy from tribunal.<br />
3.55.1(iii)<br />
3.55.1(iv)<br />
During proceeding no new claims will be added from either of the parties. However, with the permission<br />
of Tribunal modification of supplement call be added.<br />
If contractor’s failed to respond in writing after receiving the information with effect that<br />
final bill is ready for payment within 90 days then it will be presumed that he/they have waived their<br />
claim and under this contract the <strong>Railway</strong> will be free from all liabilities with regard to the claim.<br />
3.55.2 Obligation during pendency of Arbitration.<br />
During proceeding of arbitration the work under contract, will continue under the order is given from<br />
engineer and no payment will be withheld by the <strong>Railway</strong> for any dues payable but Arbitration Tribunal<br />
will be right to consider and give decision whether to continue the work during arbitration proceeding or<br />
not.<br />
3.55.3(A)(i) In such cases where full amount of claim in question does not exceed Rs. 10,00,000( Rupees Ten lakhs<br />
only) one Arbitrator will be appointed who will be either General Manger or any gazetted officer<br />
nominated by General Manager, but no less than the rank of Jr. Administrative Grade will be appointed<br />
within 60 days from the date of receipt of written valid demand for arbitration by the <strong>Railway</strong>s.<br />
3.55.3(A)(ii) The cases which are not covered under clause 64(3)A for arbitration there will be a panel three<br />
gazetted officer and will be not below the rank of Jr. Administrative Grade jfor this purpose <strong>Railway</strong> will<br />
send name of three gazetted officers from one or more department to the contractor who suggest any two<br />
name from the panel to be appointed. The General Manager will appoint at least one as contractor<br />
nominee. Thus appointed out of three arbitrators with consent of presiding arbitrators and rest arbitrators<br />
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3.55.3A(iii)<br />
3.55.3A(iv)<br />
3.55.3A(v)<br />
3.55.3B(i)<br />
3.55.3B(ii)<br />
3.55.3B(iii)<br />
will be appointed from the above panel or our of the panel. At the time of indicating the name of<br />
arbitrators, it is essential to ensure that at least one arbitrators should be from Accounts department. For<br />
the purpose of appointing arbitrators officers from Accounts department selection grade will be treated as<br />
equivalent to Sr. Administrative grade of the other department.<br />
As per above, if one or more arbitrators appointed refused to act as arbitrator or withdraw his name or<br />
vacates the post or for any other reasons unable to perform his duty or dies or does not work within<br />
stipulated time or delays then General Manager can appoint new Arbitrator in place of him/them with<br />
same procedure as followed earlier. Thus newly constituted Tribunal can work with its own conscious in<br />
the same manner as earlier Tribunal worked and begin the work from the stage from where it was left by<br />
the earlier Tribunal.<br />
The Arbitration Tribunal will have the power to ask for any affidavit or other evidence as deemed<br />
necessary by the Tribunal from the parties and it will be duty of the party to discuss or to make discussion<br />
which will enable Arbitrators it take decision for award.<br />
Under the above sub-clause (i) (ii) and (iii) at the time of appointing arbitrator, it will be kept in mind that<br />
appointee will be not from them who has an opportunity to dispose the case concern to the questioned<br />
contractor who as a <strong>Railway</strong> employee in course of discharging his duties have expressed his views on any<br />
disputes, proceeding taken by arbitration tribunal or award made by such tribunal will not be invalid on<br />
the ground that one or more arbitrator have expressed his/ their views for disposal of any dispute in<br />
course discharging his/ their duties.<br />
The Arbitration award will consist of item, amount and reasons on which it is based.<br />
To rectify the errors in the parties award, any error, calculation, typing, clerical mistakes or errors of<br />
similar nature and to clarify any point of award it is to be applied within 30 days from the receipt of the<br />
award.<br />
Any party with regard to claims presented in the arbitration proceedings but omitted in the<br />
arbitration award can apply to the tribunal for additional award.<br />
3.55.4 In case of such Tribunals which is constituted by three members any rules or award will be given on<br />
the basis of majority of the Tribunal members. In case of lack of such majority of opinion of presiding<br />
arbitrator will be effective.<br />
3.55.5 Where Arbitration awards for payment of any amount the interest on full or partly amount will not be<br />
payable for any amount award in arbitration.<br />
3.55.6 The cost of arbitrator will be borne by the concerned parties. The cost include inter alia fee of the<br />
Arbitrator in prescribed rates as decided by <strong>Railway</strong> Administration from time to time.<br />
3.55.7 The above terms and conditions are made under the arbitration and conciliation ordinance 1996 and<br />
will be effective to all arbitration proceedings.<br />
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PART-IV<br />
CONDITIONS OF PRICE AND PAYMENT<br />
4.1 Scope<br />
This chapter deals with prices to be paid for supply and/or erection including testing, commissioning of various<br />
items of work or for supplies, and other amounts payable in accordance with accepted schedules of prices and<br />
rates and terms and conditions of payment mentioned herein.<br />
4.2 This is a composite works contract. The total prices for the completed items of work are the actual prices<br />
payable to the Contractor as per the terms and conditions of the contract<br />
4.3 Schedule of prices.<br />
Unit prices<br />
i) The unit prices of various items of work shall be included in the schedule of prices attached in Part-VI.<br />
ii) The unit prices quoted by the Tenderer and accepted by the purchaser shall hold good till the completion of the<br />
work and no additional individual claim will be admissible on account of fluctuation in market rates.<br />
iii) Minor changes in basic designs shall not affect the unit prices so long as such changes are mutually agreed to by<br />
the purchaser and the Contractor.<br />
iv) All unit prices shall be inclusive of all cost of materials, labour, transportation, handling, storage, erection,<br />
testing and commissioning, taxes, duties. For material supplied by the purchaser only erection charges will be<br />
payable for execution of work in accordance with specification and approved drawings.<br />
4.4 Unit prices for supply<br />
i) The unit prices quoted by the Tenderer shall include the cost of material including all incidental charges like,<br />
freights, transport, loading, unloading, handling, of materials, lifting descent insurance premium, Bankers<br />
charges for Bank Guarantee, Indemnity Bond cost of stamp etc. i.e. cost of all incidental charges ex-works to<br />
site of work<br />
ii) The unit prices stated above are also inclusive of Excise Duty and other Central and local taxes, if legality<br />
applicable but exclusive of octroi entry as octroi entry charges are exempted on <strong>Railway</strong> materials, necessary<br />
exemption certificate for octroi/entry will be furnished to Contractor by the Purchaser.<br />
iii) While quoting the rates by the Tenderers the concessional rates of taxes/duties as admissible on <strong>Railway</strong><br />
materials need to be taken into account. Necessary declaration form, if required will be furnished by the<br />
purchaser to the Contractor.<br />
4.5 Unit prices for erection<br />
The prices for erection shall include costs of erection testing commissioning etc. to the extent indicated and also<br />
cover all costs of administration of the contract. Banker/s charge for guarantee, cost of storage, loading,<br />
unloading and handling of materials. The unit prices for erection shall include cost of works or adjustment<br />
necessary to be done by the Contractor during or after the tests carried out by the purchaser.<br />
4.6 Payment and recovery terms<br />
Subject to any deduction or recoveries which the purchaser may be entitled to make under the contract, the<br />
payment to the Contractor shall be governed as per the following clauses:<br />
4.7 The Contractor shall be entitled to be paid from time to time by way of “On Account” payment up to 100 %<br />
only for such works as in the opinion of the Engineer he has executed in terms of the contract. On Account<br />
payment will be made on satisfactory erection duly certified by Engineer’s representative not below the<br />
Gazetted rank and as recorded in Measurement Book.<br />
4.8 a) On Account payment on materials will be made on the extent of 100% of the total prices of such material<br />
included in the schedules. On receipt of the materials in good condition at site. All invoices shall be<br />
accompanied by following:<br />
i) Manufacturers test certificates wherever applicable<br />
ii) Inspection Certificate granted by purchaser’s representative<br />
iii) Certificate of receipt of materials at the work site duly accepted by purchasers.<br />
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iv) Certificate that the stores have been insured. Whenever applicable<br />
v) Execution of Indemnity Bond/Bank Guarantee<br />
vi) Detailed entries for supply being made in Measurement Book<br />
b) On Account payment to the extent of 100% of the total unit price of erection/laying of such material included in<br />
the schedule will be made on satisfactory erection duly certified by purchaser Engineer/Representative not<br />
below the Gazetted Rank and as recorded in the Measurement Book.<br />
4.9 Limit for On Account Payment:<br />
The limit for On Account payment shall not in any case exceed 100% value of works contract.<br />
4.10 Maintenance of work after completion:<br />
Subject to the conditions as detailed below; balance payment shall be made on commissioning of the complete<br />
work adjusting all the dues if any.<br />
Nature of work<br />
a Commissioning of all<br />
new installations and also<br />
work of addition and<br />
alteration to the existing<br />
assets.<br />
Period of Maintenance<br />
after certified date of<br />
completion<br />
12(Twelve)<br />
Months<br />
Amount to the retained by the <strong>Railway</strong><br />
towards maintenance<br />
The entire amount of Security deposit held<br />
against the contract as per Clause-3.48 of “<br />
General & Special condition of contract”<br />
4.11 Recoveries from the Contractor<br />
All recoveries for the cost of material supplied and service rendered by the purchaser to the Contractor covering<br />
100 % On Account payment and supply and erection, testing and commissioning.<br />
4.12 Without prejudice to any other rights or remedies, recovery for any loss of equipment/materials supplied free of<br />
cost to the Contractor shall be effected through the ‘On Account bills/final bills at the discretion of the Engineer.<br />
The rate of recovery of such equipment/material shall be determined by the purchaser whose decision shall be<br />
final and binding.<br />
4.13 Income Tax shall be recovered from the source as per extent rules.<br />
4.14 Statutory variation in Taxes and Duties<br />
(i) The statutory variation of Sales Tax and Excise Duties either from the date of opening of the tender or from the<br />
date of letter of Acceptance of tender to the date of delivery of materials equipments at site, if legally payable<br />
shall be applicable for both upward and down revision of levies rates etc. of such taxes and duties. Any<br />
additional payment and/or less payment due to statutory variation of taxes and duties as the case may be either<br />
will be reimbursed to the Contractor or credit will have to be offered to the purchaser. Additional payment<br />
and/or credit as the case may be, on this account will be made/adjusted while make final payment.<br />
(ii)<br />
The claim for reimbursement of additional payment to the Contractor or the credit offered by the Contractor on<br />
Account of statutory variation in taxes duties under this clause shall be subject to production of the requisite<br />
documents.<br />
4.15 Final settlement and refund of Warranty Deposit<br />
4.15(i) The Security Deposit shall however, be liable to the forfeited in case of any breach by the Contractor of any of<br />
the conditions of the contract or for not completion of the full contract without prejudice to other rights and<br />
remedies of the purchaser whether specifically provided for herein or otherwise.<br />
4.16 Post Payment Audit<br />
It is an agreed term of the contract that the purchaser reserves to itself the right to carry out a post payment audit<br />
and or technical examination of the works and the final bill, including all supporting vouchers, abstracts etc. and<br />
to make a claim on the contractor for the refund of any excess amount paid to him if as result of such<br />
examination any over payment to him is discovered to have been made in respect of any work one or alleged to<br />
have been done by him under the contract.<br />
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4.17 Measurement<br />
Payment for field work shall be made in accordance with approved designs and drawings and measured in<br />
relevant units, except where provided for otherwise. In case the dimensions of the work are more than those<br />
shown in approved designs and drawings, the Contractor will not be entitled to any extra payment unless the<br />
dimensions are increased on account of physical impossibility of carrying out the work in accordance with<br />
approved drawings and designs, subject to approval by the purchaser before execution. In case the dimensions<br />
of work are less than those shown in the approved designs and drawings and the work is accepted without being<br />
rejected. Payment will be made as per work actually done at mutually acceptable rates.<br />
The measurement will be made generally in accordance with the specifications, standard engineering practice.<br />
4.18 Measurement of work<br />
The Contractor shall be made for the works at accepted schedule of rates on the measurements taken by the<br />
Engineer of the Engineer’s representative in accordance with the rules prescribed for the purpose.<br />
i) The quantity for items, the units for which it is prevalent accepted schedule of rates in MKS system in 10 or<br />
100, the linear measurement shall be recorded corrected to nearest centimeters (Cm). The air and the cubic<br />
contents shall be calculated in square meters and in cubic meters corrected up to two places of decimals<br />
respectively.<br />
ii)<br />
Such measurements will be taken of the work in progress from time to time and at such intervals as in the<br />
opinion of the Engineer, shall be proper having regard to the progress of work. The date and time on which the<br />
measurements are to be made shall be communicated. The Contractor who shall be present at the site and shall<br />
sign the results of the measurements (which shall also be signed by the Engineer or the Engineer’s<br />
representative) recorded in the official measurement book as an acknowledgement of his acceptance of the<br />
accuracy of the measurement. In the event of failure, on the part of the Contractor to attend, the work may be<br />
measured in his absence and such measurement shall not withstanding such absence be binding upon the<br />
Contractor whether or not he shall have signed the measurement book provided always that any objection made<br />
by him to any measurement shall be duly investigated and considered in the manner set out below.<br />
a) It shall be open to the Contractor to take specific objection to any recorded measurement or classification on<br />
any ground within 7(seven) days from the date of measurement. Any re-measurement taken by the Engineer or<br />
the Engineer’s representative in the presence of the Contractor or in his absence after due notice has been given<br />
to him consequence of the objection made by the Contractor shall be final and binding on the Contractor and no<br />
claim whatsoever shall hereafter be entertained regarding the accuracy and classification of the measurement.<br />
b) If any objection raised by the Contractor is found by the Engineer to be incorrect the Contractor shall be<br />
liable to pay the actual expenses incurred in the measurements.<br />
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…………………………………………<br />
…………………………………………<br />
Sub.<br />
ANNEXURE I<br />
REGISTERED ACKNOWLEDGEMENT DUE<br />
(i)……………………………………………………………………………………… (Name of work)<br />
………………………………………………………………………………..<br />
(ii) Acceptance Letter No. ………………………………………………………………………..<br />
Dated…………………………..<br />
(iii) Understanding/ Agreement No. ………………………………………………………………………………………….<br />
Ref. :<br />
…………………………………………………. Quote specific application of Contractor for<br />
Extension to the date received) …………………………………………………………………………………………….<br />
Dear Sir,<br />
The stipulated date for completion of the work mentioned above is …………………………………. from the progress made<br />
so far and the present rate of progress, it is unlikely that the work will be completed by the above date (or However, the work was not<br />
completed on this date).<br />
2. Expecting that you may be able to complete the work, if some more time is given, the competent authority, although not<br />
bound to do so, hereby extends the time for completion from ……………………… to……………………………………………………<br />
3. Please note that an amount equal to the liquidate damages for delay in the completion of the work after the expiry of<br />
…………………………………………………… (give here the stipulated date for completion with/ without penalty fixed earlier) will be<br />
recovered from you as mentioned in clause 3.17-B of the General Conditions of Contract period, notwithstanding the grant of this<br />
extension. You may proceed with the work accordingly.<br />
4 The above extension of the completion date will also be subject to the further condition that no increase in rates on any<br />
account will be payable to you.<br />
5. Please intimate within a week of the receipt of this letter of your acceptance of the extension of the conditions stated above.<br />
6. Please note that in the event of your declining to accept the extension on the above said conditions or in the event of your<br />
failure after accepting or acting up to this extension to complete the work by ……………………………….. (Here mention the extended<br />
date) further action will be taken in terms of clause 62 of the <strong>Railway</strong> Board’s General Conditions of Contract.<br />
Yours faithfully<br />
For and on behalf of the President of India<br />
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CLW/ <strong>Chittaranjan</strong><br />
PART-V<br />
TECHNICAL SPECIFICATION<br />
1. Explanatory note against Item Sl. No. 2 of Schedule of quantities and rates:<br />
Breaking of existing broken cable trench and formation of Pacca cable trench should be as per drawing<br />
given below.<br />
150 700 mm 150<br />
150<br />
RCC Slab cover (1:2:4)<br />
150 150<br />
600mm.<br />
RCC (1:2:4)<br />
200 150<br />
40 50 x 50 x 6 mm angle<br />
150<br />
150<br />
200 200<br />
Indication of RCC ( 1:2:4)<br />
75 mm<br />
75<br />
1 layer<br />
brick<br />
soling<br />
1000<br />
75 x 75 x 6 mm. thick angle<br />
on all sides (Top & bottom) 150<br />
through welding<br />
Lifting Hook 16 mm. Ø<br />
plain rod 150<br />
500<br />
RCCSLAB COVER<br />
150 1000<br />
RCC SLAB COVER<br />
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2. Explanatory note against Item Sl. No. 16 & 17<br />
(11KV SF6 / VCB OUTDOOR RING MAIN U<strong>NIT</strong> (RMU)<br />
STANDARDS :<br />
The equipment shall conform in all respects with the requirements of the latest editions of the IEC standards<br />
stated below except where specified otherwise.<br />
IEC<br />
Title<br />
62271- 100 High Voltage Alternating Current Circuit Breaker<br />
60265 – 1 High Voltage Switches rated above 1 Kv & less than 52<br />
(Part 1)<br />
Kv<br />
622701-102 Alternative current disconnectors and earthing switches<br />
622701-200 General requirements for switchgear and control gear<br />
for voltages exceeding 1000V but less than 52 Kv<br />
60694 Common Clauses for high-voltage switchgear & control<br />
Gear<br />
TECHNICAL PARTICULARS<br />
SF6 GAS INSULATED RING MAIN U<strong>NIT</strong> (RMU) :<br />
The Ring Main Unit shall be of Single bus bar SF6 gas insulated outdoor, tropicalised and metal enclosed<br />
type.<br />
The RMU design should be compact in construction and suitable for outdoor installation without any further<br />
covers / protection. The enclosure shall be IP 54 and type tested for weather proof at recognized Test<br />
Laboratory. The RMU metal parts shall be of adequate thickness high tensile steel which must be grit /short<br />
blasted, thermally spayed with Zinc alloy, phosphated and subsequently painted with polyurethane based<br />
powder paint, the overall paint layer thickness shall be not less than 150 microns.<br />
All live parts except for the cable connection shall be insulated with SF6 gas.<br />
Remote Control of the RMU’s: The RMUs shall be suitable for remote operation i.e. it shall be possible to<br />
have motorized operation of both the Load Break Isolators and the tee off Circuit Breaker.<br />
Interlocks:<br />
In addition to interlocking that prevents access into compartments, the following interlocking shall be<br />
provided.<br />
Operation of load break isolator/circuit breaker cannot be performed when the load Break Isolator /Circuit<br />
breaker is padlocked. Earthing switch is in the closed position. Operation of an earthing switch cannot be<br />
performed when the Load Break Isolator/circuit breaker is in closed position. Suitable interlocks shall also be<br />
provided for. Cables test terminals on the orifices will be accessible only in circuit “earth” position.<br />
To prevent operation from “ON” position to “Earth” position or vice versa in a single operation.<br />
Safety:<br />
(i) Extensive interlocking shall be provided to prevent inadvertent wrong operation.<br />
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Each switchgear shall be identified by an appropriately sized label, which clearly indicates the functional<br />
units and their electrical characteristics. The Switchgear shall be so designed that the position of the<br />
different devices is visible to the operator.<br />
(ii) In accordance with the standards in effect, the switchboard shall be designed so as to prevent<br />
access to all live parts during operation without the use of tools. Any accidental over pressure inside the<br />
sealed chamber shall be limited by the opening of a pressure limiting devices in the rear/top part of the<br />
enclosure. Gas will be released to the rear of the switchboard away from the operator.<br />
All manual operations will be carried out on the front of the switchboard.<br />
LOAD BREAK FAULT MAKE ISOLATOR :<br />
2.3.1. The technical particulars of isolator are:<br />
a) Construction per phase SF6-Single Break<br />
b) Current Capacity 630A<br />
c) Making Capacity 52.5KA (peak)<br />
d) Breaking capacity normal load current 630A (0.7 pf)<br />
e) Short time rating 21KA for 3 second<br />
f) Short circuit current making capacity 52 KA<br />
g) Impulse withstand voltage to earth between poles 95 kV<br />
h) Power frequency withstand voltage to earth 28kV RMS<br />
and between poles<br />
Each load break isolator shall be of SF6 gas insulated type with gas both as insulating and interrupting<br />
medium.<br />
Each load break isolator shall be of the triple pole, simultaneously operated, with quick break contacts and<br />
with integral earthing arrangement.<br />
Each load break isolator shall be fitted with a direct manually operated mechanism having three positions,<br />
“ON”, “OFF” and “EARTH” provided with mechanical indication and pad locking facility. The anti-reflex<br />
operating handles shall be located on the front panel of the ring main unit.<br />
The operating mechanism shall be maintenance free without the need for any lubrication during its lifetime.<br />
The isolators should be designed such that they can be operated remotely if required by providing plug-in<br />
and plug-out type motor drives.<br />
RING MAIN CIRCUIT BREAKER :<br />
The technical particulars of the Circuit Breaker should be as under<br />
a) Construction SF6<br />
b) Current capacity 630A<br />
c)<br />
Rupturing capacity at<br />
rated voltage<br />
400 MVA<br />
d) Making capacity 52.5 kA<br />
e) Short time rating 21 kA for 3 Sec.<br />
f) Impulse flashover withstand 95kV peak<br />
voltage<br />
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g) Power frequency withstand voltage 28kV (rms)<br />
h) Current Transformer<br />
Type & voltage level<br />
Ring<br />
C.T ratio<br />
800/1 A<br />
Short time current for 3<br />
Sec. KAms<br />
21 kA<br />
Dynamic current kA peak<br />
52.5 kA<br />
CT ratio (for tripping) 200/1A<br />
VA 05<br />
i) Protection Suitable protection equipment like self<br />
powered relay for protection against phase to phase<br />
and earth fault (VIP 35) with one shunt trip coil or Time<br />
Limit fuse with three series trip coils<br />
for protecting the consumer’s installation<br />
shall be provided.<br />
j) The circuit breakers shall be provided with interlocked earth switch<br />
CABLES & CONNECTORS :<br />
The cable termination shall be suitable for 3-core / 1-core PVC/XLPE Cables. The cable termination shall be<br />
bolted type and the minimum height of cable termination shall be 550mm. Cable holding clamp of HDPE<br />
type shall be provided with equipment.<br />
The cable entry points of the cable termination chambers shall be provided with suitable water sealing<br />
arrangement.<br />
The bidder shall provide adequate cable terminal protectors for safe operation.<br />
FAULT PASSAGE INDICATORS (FPI) :<br />
These shall facilitate quick detection of faulty outgoing circuit. The fault indication may be on the basis of<br />
monitoring fault current flow through the device. The unit should be self-contained requiring no auxiliary<br />
power supply. The FPI shall be integral part of each Isolator / RMU and shall be capable of displaying the<br />
fault. The FPI shall have LCD display and manual reset facility. It shall also have potential free contacts for<br />
SCADA. FPIs should sense both short circuit fault and earth fault separately. FPIs should have multiple<br />
ampere and time settings both for short circuit and earth fault in addition to multiple auto resetting time<br />
ranging from 2 hrs to 4 hrs. Individual Phase CTs for FPIs, preferably, should be bushing mounted.<br />
TESTING OF CONNECTED CABLES:<br />
It shall be possible to carry out HV DC test on the connected cable at site, keeping only the corresponding<br />
Isolator / Circuit Breaker OFF but keeping Busbars / other circuits alive at the rated voltage.<br />
GENERAL :<br />
Single Line Diagram :<br />
Single line diagram (mimic) indicating the operational status of the Isolator/ CB shall be provided at the front<br />
of the Isolator / CB of RMUs.<br />
Earthing :The RMU comprising Load Break Isolators and CB shall have a common earth bar. The earth bar<br />
shall be bolted to the main frame and located so as to provide convenient facilities for earthing cable<br />
sheaths and / or for coupling earth bars of adjacent units. The system earthing shall be such that at least one<br />
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of the neutral points of a three phase system is permanently earthed, either solidly or through a resistor or<br />
reactance of low impedance. It shall not be possible to remove the earth bar during operation.<br />
SF6 Gas :<br />
SF6 gas conforming to IEC 56 should be used for the dielectric medium. The filling shall be sufficient for<br />
lifetime. The switchgear shall be tested according to IEC recommendations. The recommended working<br />
pressure and the lowest possible pressure where the switchgear can be operated shall be stated.<br />
Voltage Presence Indicators :<br />
It shall be possible for the each of the function of the RMU to be equipped with a permanent voltage<br />
indication as per relevant IEC to indicate whether or not there is voltage in the cables. VPIs should be<br />
compatible for both 6 KV and 11 KV systems.<br />
PADLOCKING ARRANGEMENT<br />
Provision shall be made for padlocking the load break isolator / Circuit Breaker and the Earthing switches in<br />
either open or closed position. Also padlocking arrangement shall be provided for the RMU panel & the<br />
metering panel. Firm has to provide branded locks at each locations with sufficient keys.<br />
GUARANTEED TECHNICAL PARTICULARS :<br />
The technical particulars as per IEC shall be guaranteed and Guaranteed Technical particulars shall be<br />
furnished by the Bidder along with the bid.<br />
TESTS :<br />
The type and routine tests during manufacture, shall be carried out on the Ring Main Unit as per the<br />
relevant standards.<br />
The Ring Main Units shall be fully type tested as per the relevant standards including the type tests<br />
mentioned below. The type tests must have been conducted on 12kV Ring Main Units of same type offered,<br />
from recognized test laboratories. The bidder shall furnish two sets of type test reports as per relevant<br />
standards along with the bid.<br />
ROUTINE TESTS:<br />
Inspection of RMU’s will be carried out at Factory premises before supply in presence of CLW<br />
representative.<br />
The following routine tests shall be carried out on each Ring Main Unit before despatch.<br />
Power frequency voltage.<br />
Partial discharge test.<br />
Resistance test for the circuits.<br />
Mechanical operation test.<br />
Firm has to provide certificates as follows,<br />
Short time current test on main circuits.<br />
Short time current test on earthing circuit.<br />
Partial discharge test.<br />
No load operation and mechanical endurance test.<br />
Impulse withstand test 95kV rms (1 min.)<br />
Out door test for RMU (IP 54)<br />
Temperature rise test<br />
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LIST OF DRAWINGS AND DOCUMENTS:<br />
The bidder shall furnish four sets of following drawings before supply of material.<br />
General outline drawing showing plan, elevation and end view dimensions, assembly and constructional<br />
drawings of the equipment.<br />
Schematic & wiring drawings.<br />
Operation manuals, leaflets/ literatures etc.<br />
The successful Bidder shall, submit three sets of final versions of all the above said drawings for purchaser’s<br />
approval. GA drawing, showing provisions for sealing of metering arrangement clearly Schematic diagram of<br />
the CT circuits Test certificates (3sets) of Isolators, Circuit Breakers and CTs. Characteristics of the relay or<br />
Time vs. current graph of TL fuses, whichever is applicable.<br />
Adequate copies of acceptance and routine test certificates, duly approved by the purchaser, shall<br />
accompany the dispatch consignment.<br />
The manufacturing of the equipment shall be strictly in accordance with the approved drawings and no<br />
deviation shall be permitted without the written approval of the purchaser. All manufacturing and<br />
fabrication work in connection with the equipment prior to the approval of the drawing shall be at the<br />
supplier’s risk.<br />
Training : Firm has to provide adequate training ( at least 5 times) at CLW premises. For operation<br />
and maintenance of RMU’s.<br />
N.B.:<br />
i) Firm has to provide 10 feet by 5 feet drawing on flex and has to be fix it on wall at MSS for easily<br />
understood.<br />
ii) Suitable cu bus for interlinking the VCBs should be provided by the firm, against Item Sl. No. 15.<br />
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CLW/ <strong>Chittaranjan</strong><br />
SCHEDULE OF QUANTITIES AND RATES<br />
PART-VI<br />
Tender No : - EL/CON/363/WC<br />
Description : - "Up gradation of main substation for reliable power supply by providing additional VCBs."<br />
Sl.No. DESCRIPTION Qty. Unit Unit rate for<br />
supply in fig. &<br />
words. (Rs.)<br />
1 Procurement of following sizes of XLPE insulated<br />
and PVC sheathed stranded Al. conductor steel<br />
strip armoured cable 11 KV(E) grade as per IS:<br />
7098 (Pt.II):<br />
_<br />
(Make:- Polycab/ Plaza/ Finolex /R.R.Kable /<br />
Havell’s / RETCO/ Anchor/ MESCAB)<br />
Unit rate for<br />
erection in fig. &<br />
words. (Rs.)<br />
a) 3 core 400 Sq. mm. XLPE 300 M To be supplied by CLW<br />
b) 3 core 300 Sq. mm. XLPE cable 1500 M To be supplied by CLW<br />
2 Making of cable trench as per technical<br />
specification<br />
200 M<br />
_<br />
3 Laying of following sizes of cable through cable<br />
trench:<br />
a<br />
3 Core 400 Sq. mm. 11KV(E) grade Al. conductor<br />
XLPE cable<br />
260 M<br />
b<br />
3 Core 300 Sq. mm. 11KV(E) grade Al. conductor<br />
XLPE cable<br />
1450 M<br />
4 Laying of 3 Core 400 Sq. mm. 11 KV(E) grade<br />
XLPE cable run through 150 mm. dia. G.I. pipe<br />
along with G.I. fixing clamps made up of 50 mm. x<br />
6 mm. thick G.I. flat including supply of G.I. pipe<br />
150 mm. dia. (medium gauge) , G.I. clamps and all<br />
fixing accessories and hardwares including grouting<br />
of pipe with cement concrete mixture (1;2:4).<br />
5 Laying of 3 Core 400 Sq. mm. Al. conductor XLPE<br />
cable 11 KV grade along the pole with M.S. fixing<br />
clamps made up of 50 X 6 mm. thick with fixing<br />
hardwares.<br />
20 M<br />
20 M<br />
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Sl.No. DESCRIPTION Qty. Unit Unit rate for<br />
supply in fig. &<br />
words. (Rs.)<br />
6 Laying of 3 Core 300 Sq. mm. 11KV(E) grade 30 M<br />
XLPE cable run through 150 mm. dia. G.I. pipe<br />
along with G.I. fixing clamps made up of 50 mm. x<br />
6 mm. thick G.I. flat including supply of G.I. pipe<br />
150 mm. dia. (medium gauge) , G.I. clamps and all<br />
fixing accessories and hardwares including grouting<br />
of pipe with cement concrete mixture (1;2:4).<br />
7 Laying of 3 Core 300 Sq. mm. Al. conductor XLPE 20 M<br />
cable 11 KV grade along the pole with M.S. fixing<br />
clamps made up of 50 X 6 mm. thick with fixing<br />
hardwares.<br />
Unit rate for<br />
erection in fig. &<br />
words. (Rs.)<br />
8 Supply, installation, connection, testing and<br />
commissioning of Heat shrinkable outdoor end<br />
termination kit suitable for 11KV(E) grade 3 core<br />
400 Sq. mm. XLPE armoured Al. conductor cable<br />
complete with all accessories and supply of all<br />
materials with proper phase marking. Make :<br />
Raychem, Denson<br />
9 Supply, installation, connection, testing and<br />
commissioning of Heat shrinkable indoor end<br />
termination kit suitable for 11KV(E) grade 3 core<br />
400 Sq. mm. XLPE armoured Al. conductor cable<br />
complete with all accessories and supply of all<br />
materials with proper phase marking. Make :<br />
Raychem, Denson<br />
10 Supply, installation, connection, testing and<br />
commissioning of Heat shrinkable indoor end<br />
termination kit suitable for 11KV(E) grade 3 core<br />
300 Sq. mm. XLPE armoured Al. conductor cable<br />
complete with all accessories and supply of all<br />
materials with proper phase marking. Make :<br />
Raychem, Denson<br />
11 Supply, installation, connection, testing and<br />
commissioning of Heat shrinkable outdoor end<br />
termination kit suitable for 11KV(E) grade 3 core<br />
300 Sq. mm. XLPE armoured Al. conductor cable<br />
complete with all accessories and supply of all<br />
materials with proper phase marking. Make :<br />
Raychem, Denson<br />
12 Procurement of 11 KV,1250A,3 phase, 50 Hz.<br />
Rated short time current 26kA(rms.), Vacuum<br />
Circuit Breaker panel HWX type along with all<br />
accessories as per technical specification.<br />
Make :-AREVA/ABB/SIEMENS/ Andrew Yule<br />
(CEE's approved)<br />
13 Procurement of Bus coupler complete panel, 11KV,<br />
1250 Amps, 26 KA rating Vacuum Circuit Breaker<br />
complete with all other accessories.<br />
Make :-AREVA/ABB/SIEMENS/ Andrew Yule<br />
(CEE's approved)<br />
4 Each<br />
4 Each<br />
23 Each<br />
2 Each<br />
2 Each<br />
1 Each<br />
To be supplied by CLW<br />
To be supplied by CLW<br />
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Sl.No. DESCRIPTION Qty. Unit Unit rate for<br />
supply in fig. &<br />
words.(Rs.)<br />
14 Procurement of 11 KV,630A,3 phase, 50 Hz. Rated 7 Each<br />
short time current 26.3kA(rms.), Vacuum Circuit<br />
Breaker panel , along with all accessories as per<br />
technical specification.<br />
Make :- AREVA/ABB/SIEMENS/ Andrew Yule<br />
(CEE's approved)<br />
Unit rate for<br />
erection in fig. &<br />
words.(Rs.)<br />
To be supplied by CLW<br />
15 Installation, connection, testing and commissioning<br />
of for VCB panel including all accessories. (See<br />
spec. at part-V)<br />
10 Each<br />
16 Supply, installation and commissioning of 11KV,<br />
21KA, 3 way, Outdoor Non-extensible type Ring<br />
Main Unit comprising of 2 Nos. 630A isolators and<br />
1 No. 630A, SF6 Breaker (with VIP 35 Relay<br />
&CTs) to be used as Isolator type Ring master -<br />
RN6c (without remote communication system) and<br />
making of masonry foundation along with M.S.<br />
structure base as per technical specification.<br />
Make: Schneider, Areva<br />
17 Supply, installation and commissioning of 11KV,<br />
21KA, 3 way, Outdoor extensible type Ring Main<br />
Unit comprising of 3 Nos. 630A isolators and 1 No.<br />
630A, SF6 Breaker (with VIP 35 Relay &CTs) to be<br />
used as Isolator type Ring master - RE6c + SE6 (3<br />
way + 1 way= 4 way RMU (without remote<br />
communication system) and making of masonry<br />
foundation along with M.S. structure base as per<br />
technical specification.<br />
Make: Schneider, Areva<br />
18 Supply installation and connection of<br />
maintenance free long life Zinc coated<br />
earthing electrode with 3mtr. Long PRO-PER<br />
Earthing Electrode PRO E-483 as per<br />
technical specification as in part VI. Digging<br />
of earth pit 3 M deep earth electrode in semi<br />
rocky soil, installation, connection, testing and<br />
commissioning of above earth electrode,<br />
making of brick masonry wall with cement<br />
mortar ( 1:4) including supply of all materials<br />
like brick, cement and sand, cement plaster in<br />
fine sand ( 1 : 4), perforated R.C.C slab cover<br />
( 30mm thick), 25mm. dia. hole shall be<br />
provided at least 09 nos. in the slab cover for<br />
ingress of water. All the nuts, bolts and<br />
washers should be of G.I. only. The job shall<br />
also include supply, laying and connection of<br />
G.I. flat 25 x 6 mm. thick from earthing pit to<br />
VCB panel & RMU etc.<br />
End of Doc.<br />
5 Each<br />
2 Each<br />
18 Each<br />
Signature of the Tenderer with seal & date Page 39