Mechanical repair/rehabilitation of various parts of loco body like main door, corridor, hinge and gasket replacement and hood channel of Conventional Electric Locomotive (WAG7). Qty: 40 Locos

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GENERAL: These special conditions should be read in conjunction with the general instructions to tenderer and general conditions of contract. If any of these special conditions stipulated hereunder is found to be contradictory to that specified elsewhere in the Tender-documents, it should be understood that the conditions stipulated hereunder namely 'Special conditions of Contract' shall prevail over and above that specified elsewhere. The contract is governed strictly by the general conditions of contract as well as special conditions and technical specifications. Where there is any conflict between the "Special Conditions and Specification" and the General condition of contract, the former shall prevail. The General Conditions of contract will mean the Indian Railways Standard General Conditions of Contract (GCC) for Works Contract, April 2022 or latest as amended and/or corrected from time to time and obtaining at the time of acceptance of the tender and at the time of execution of the agreement. It should be the responsibility of the contractor before submitting his tender and again before entering in to said agreement to ascertain all amendments and/or corrections made to the said General conditions of contract.

Name of work:Mechanical repair/rehabilitation of various parts of loco body like main door, corridor, hinge and gasket replacement and hood channel of Conventional Electric Locomotive (WAG7). Qty: 40 Locos.

Completion Period:The entire work shall be completed within 02 years (ie.24 Months) from the date of issue of Letter of Acceptance.

Consignee: SSE/Diesel/Raipur

Tenderer's who will indenting for participating for said work the following condition/instruction should be read carefully before submission of his tender as shown below.

Quantity:40 Locos(WAG7) However, the Railway reserves the right to vary the quantity based on actual arising.

Time schedule and Programme: Time is the essence of the contract. Tenderer shall indicate detailed schedule (Programme) of execution of work before actual start of work and start the work within 15 days from the date of issue of LOA, so as to complete the whole work in SCHEDULED TIME. The period of completion of work is 24 months from the date of issue of LOA.

Completion Period of Contract: The work is to be completed within 2 years (24 months) from the date of issue of Letter of Acceptance (LOA).

DURATION of Work:

Firm should complete the work in all respect as per scope of work within 7 Days from the date of handover of loco to the contractor.

Firm should response within 24 Hrs. from the time of intimation by Railway through Call/Mail/Whatsapp for starting the work.

Normal working hours should be from 8:00 AM to 5:00 PM including holidays & Sunday

Handing/taking over of locomotive/work: The contractor shall bind to execute the work under the contract and complete in all respect to the satisfaction of Engineer in each loco. The Engineer- in charge shall determine the date and time on which the work is considered to have been completed in support of which his certificate shall be regarded as sufficient evidence. For all purposes contractors shall be bond to observe any such determination by the Engineer.

Use of Materials: All the materials to be supplied by contractor should be procured from approved sources of RDSO or CLW as per latest specification and drawing (if available in RDSO/CLW vendor directory). All spares items to be supplied by contractor as per scope of work (including items from RDSO/CLW approved sources) as per specification/make, only after approval/written instruction of Sr.DME/D/Raipur or his representative.

Warranty:

All relevant work of under executed by the Contractor shall be free from any defect/fault of materials and/or bad workmanship and shall warranted for a period of 12 (Twelve) months from the date of successful completion work for satisfactory performance.

If any defect arises in executed work during the warranty period due to defective / faulty / substandard materials(to be supplied by contractor as per scope of work) and/or faulty/ bad workmanship on contractor's part, the contractor shall be bound to rectify the same free of cost.

If any defect/failure is noticed during the warranty period, contractor will rectify the defect/failure free of cost, within 15 days time (subject to availability of loco in shed) from the date of receipt of failure advice from the Railway's Engineer. During the warranty period, all the to & fro transportation charges as well as cost of materials, labour and any other associated charges will be borne by the contractor & Railway will not pay any additional amount in this regard.

The decision of Railway regarding the cause of failure and nature of rectification to be carried out by the contractor during the warranty period shall be final and binding on the part of the contractor.

If contractor fails to arrange rectification of defect during the warranty within a period of 15th days from the date of receipt of failure advice from the Railway's Engineer by email, penalty will be imposed @Rs.1000/- per day/per case from the 16th day and the same would be adjusted against final outstanding bills /security deposit (upto a max of 10% of the total contract value.) with the Railway or other zonal Railway.

PENALTY:

If firm not respond within 24 Hrs working hours. from the time of intimation by Railway, after 12 hrs. a penalty will be imposed Rs.1000/- per day per loco.

If contractor not completes the work within stipulated time as mentioned in Serial number 9 of special terms and condition of contract then a penalty of Rs.2000/- per day per loco will be imposed.

Any adverse remarks in violation of conditions of tender, a penalty of Rs.500/- per case will be imposed.

The penalty will normally be deducted from the bills & if no bill is due, amount due will be adjusted against SD/PBG etc. The total LD to be deducted shall be subject to the maximum limit as per Clause no. 17(B) of GCC April 2022 or latest.

However, maximum cumulative penalty on the entire work should not exceed beyond 10% of the contract value. If penalty exceeds beyond 10% of the contract value, process may be initiated to terminate the contract.

Besides penalties specified above, Sr.DME (Diesel)/Raipur reserves the right to impose any other penalty/penalties for non-compliance of any of the terms & conditions of the contract or unsatisfactory work. The decision of Railway Administration in this respect shall be final and binding and no claim in this respect shall be entertained.

TRANSPORT & OTHER CHARGES(if Any): All the transport required for execution of work and for rectification of the defects noticed during warranty period will be arranged by the contractor at their own cost. For carrying out the work/rectifications at railway's site, the contractor will have to make his own arrangements for labours & tools etc. Necessary Electricity & Electrical connection points shall be provided at Diesel Loco Shed, Raipur on free of cost.

DAMAGE TO RAILWAY PROPERTY : The contractor shall ensure that all the Railway equipments, fittings, parts are well protected and do not suffer any damages during the course of the work or afterwards as a result of his work. The contractor shall be liable to rectify, pay for direct losses, damages caused to the Railways by him or his workmen knowingly / unknowingly while they are in Railway premises working or not working. The amount shall be determined by the Railway.

RELEASE MATERIAL : All the released material will be return to Railways. All the Released material shall be handed over to consignee of DLS/Raipur ,with proper accountable by the contractor before preparation of bill. Tenderer shall take into consideration this aspect while quoting the rates.

Issue of Entry Permit: The tenderer shall provide all the required details about each personnel for the contractual work along with passport size colour photographs and police verification certificate to the office of Sr.DME/D/R for issue of Entry Permits. The entry permits of each personnel will be valid only for entry purpose to carry out the specific work assigned to him and validity of the entry permit will be up to DOC. Contractor shall be given adequate number of entry permit cards for distribution among their workers. The contractor shall maintain register for issue of entry permit cards and shall inform to railway administration immediately on the prescribed form. It shall be the responsibility of contractor to ensure that entry permit is properly collected from their staff. The contractor shall be responsible for antecedents / police verification of the staff employed by them for railway works. All losses and non-return of these cards should be properly informed at all levels and only after due verification by the office of Sr.DME/D/R, the duplicate card will be issued (mentioning DUPLICATE over it) bearing detail of the old card number mentioned on it. Each personnel employed by contractor must carry the 'Entry Permit' while carrying out the contractual work within railway premises. Whenever labour is changed, old Entry permit is to be returned by contractor.

PLACE OF WORK: The proposed work will be carried out by the firm at Diesel Loco Shed/Raipur premises.

INSPECTION : Initial Joint inspection & final inspection to be done by authorized representative of Sr.DME/D/R and the authorized representative of the contractor for execution of work.

MACHINE AND PLANTS: The contractor should have to provide all necessary machinery, tools, equipment, ladders, trolley, materials (as per scope of work) and sufficient trained/skilled manpower for the execution of work.

The necessary reasonable space, electricity, Crane and water in connection with this contract will be provided by Railways free of cost and space for storage of material equipments, and other accessories. However, this shall not be utilized by the contractor for any other purposes.

Payment: All the claims for payment i.e. contractor's invoices shall be accompanied with by the following documents. 1.Material receipt certificate, 2.Railway's inspection certificate. 3.Railway's acceptance certificate. 4.Guarantee/warranty certificate. 5.Joint inspection report 6.GST Invoice certificate. 7.Documentary proof for all material used is of approved sourc e . 100% payment will be made on particular work completed per loco basis and duly inspected and accepted by consignee provided that balance amount of security deposit will be recovered from firm's on account bills at the rate of 6% of the bill amount till the full security deposit is recovered. Quarterly basis Bills for number of locos for which 100% work completed in all respects together with receipt challan, joint checking report and other relevant documents shall be submitted to the Sr.DME/D/Raipur , S.E.C. Railway, who after passing the bill will forward the same to Sr. Divisional Finance Manger S.E.C. Railway, Raipur for payment directly to the firm, within a reasonable period from the date of receipt of the bill accompanied with inspection certificate and other relevant documents.

MODE OF PAYMENT: PAYMENT THROUGH ECS/EFT (Wherever this facility is available.) (i)Contractor to give consent in a mandate form for receipt of payment through ECS/EFT. (ii)Contractor to provide the details of Bank A/c in line with RBI guidelines for the same. These details will include Bank Name, Branch Name & address, Account type, Bank A/c No. and Bank & Branch code as appearing on MICR cheque issued by bank. (iii)Contractor to attach certificate from their bank certifying the correctness of all above mentioned information (as mentioned in point (ii) above). (iv)In case of non-payment through ECS/EFT or where ECS/EFT facility is not available, payment will be released through Cheque.

PAYMENT THROUGH 'LETTER OF CREDIT'. For all the tenders having advertised cost of Rs. 10 Lakh or above, the contractor shall have the option to take payment from Railways through a letter of credit(LC) arrangement, as per Railway Board vide letter no. 2018/CE-I/CT/9, Dt. 04.06.2018 separately attached.

POST PAYMENT AUDIT: It is an agreed term of the contract that the Railway reserves to itself the right to carryout a post payment audit and or technical examination of the works and the final bills, including all supporting vouchers, abstract etc, and to make a claim on the contract for the refund of any excess amount paid to him if as a result of such examination any over payment to him is discovered to have been made in respect of any work done or alleged to have been done by him under the contract.

INCOME TAX: The contractors are liable to pay Income Tax through each bill. Income tax @ 2% shall be deducted from bill. Tenderer may consider this aspect while quoting for the work. However, rules or circular as valid at the time of billing will be applicable irrespective of anything written above.

Taxes and Duties: i.Taxes are applicable as per Goods & Service Tax Act 2017. ii.Income tax deductions: Being a works contract, income tax @ 2% gross amount excluding GST amount or as applicable is recoverable from contractor's bill. iii.TDS for GST (Goods & Service Tax) @ 2% on gross amount excluding GST amount or as applicable is recoverable from contractor's bill.

General :

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

Labour, transport, material handling equipment, tools, tackles, machines and equipment shall not be provided by the Railway for execution of work, unless otherwise specifically mentioned.

Tenderer may inspect the Diesel Loco Shed, Raipur to assess the nature and quantum of work before quoting.

The responsibility for safe custody of the Contractor's materials, tools etc. will be of the Contractor. Before entering the material to shed premises gate pass clearance is required.

It will be the responsibility of the Contractor to ensure that all his workmen observe industrial safety rules, procedures, methods, practices etc. Railway will not be responsible for any accident (fatal or non-fatal) or injury minor/major to the personnel of contractor or the financial implication arising there from.

In case of injury/death of Contractor staff in the shed premises, no claim of compensation will be entertained by the Railway.

Contractor shall ensure that all loco equipments, fittings, are well protected and also do not suffer any damages during the course of work or afterwards as a result of the work.

The Contractor shall be liable to pay for direct losses, damages caused to Railways by you or your workmen knowingly / unknowingly while they are in Railway premises working or not working. The amount shall be determined by the Sr.DME/D/Raipur where the case / incidence occur. Railway will not provide any type of transport to Contractor for bringing his staff on duty.

The Contractor shall be liable to pay for direct losses, damages caused to Railways by you or your workmen knowingly / unknowingly while they are in Railway premises working or not working. The amount shall be determined by the Sr.DME/D/Raipur where the case / incidence occur. Railway will not provide any type of transport to Contractor for bringing his staff on duty.

In case of theft / pilferage or any other loss caused to Railways 28.10 due to negligence or improper discharge of duties by your staff you will have to make good all kinds of losses to Railways.

As Railway's maintenance work is also going on the locomotive 28.11 along with this modification work during that period exclusive availability of loco will not be entertained.

During execution of work, proper safety to be ensured by contractor.

It may be noted here that the latest conditions of General Conditions of Contract (GCC April 2022 (Works) Or Latest) of 28.13 Railway, provisions of relevant codes, manuals, circular etc, are generally applicable for works portion on whole, IRS conditions will be applicable for equipment's portion.

Facility of EOT Crane for loading/Unloading of material in the shed premises shall be provided by Railway's free of cost.

Necessary Electricity & Electrical connection shall be provided 28.15 at Diesel Loco Shed-Raipur on free of cost for the work as per scope of work of tender document.

In addition to the conditions laid down the actual conditions such as GCC etc. prevailing at the time of signing the contract 28.16 document shall supersede any of the provision as mentioned in the tender document.

All the legal and financial implications as a result of modification 28.17 in Government policy and act will be accordingly accommodated and shall be acceptable to the contractor.

The Railways will also be authorized to recover the amount of loss suffered by the Railways from the contractor. Under these provisions the decision and determination by the Railways or its authorized representative shall not be challenged in any court of law or arbitration or otherwise and the contractor after 28.18 signing this agreement hereby irrevocably authorizes the Railways to set off and adjust such loss or damage against the amount of security deposit and/or outstanding payment and in the event of short fall, the contractor shall immediately on issuing a certificate by the Railways, pay the same amount to the Railways without demur or objection.

The contractor has to make own arrangement to protect their staff and surroundings from the danger to health & of fire. The contractor will provide his men the protective gears such as protective glasses, shoes, helmet, dress etc. on his own cost.

Police verification of Contractual staffs - The police verification for all contractual staff will ensure that the contractual staff are reliable and do not a risk to all users and Railway employees. Contractors shall not deploy person of bad character or any person whose antecedents have not been investigated by the police and shall issue an appointment certificate, which shall contain a photograph of the employee specifying the employee's name, father's name, address and the place at which employed, with his/her left/right hand thumb impression affixed thereon in printer's ink which he will carry with him/her while on duty. The expenses for such verification as necessary shall be borne by the contractor. Police verification of the staffs is to be submitted by the contractor.

Safety Measures:

The contractor will take all safety measure necessary for safety of his workers. The contractor will provide all necessary personal protective safety equipments such as hand gloves, helmet, safety shoes etc to all his workers. All the engaged workers of contractor shall wear above personal protective safety equipments at work place. If contractor's workers found working without safety measures then penalty will be imposed on contractor as per penalty clause no. 16.8 of this tender document attached below.

The contractor shall at all times adopt such safe methods of work as will ensure the safety of the structure, equipment and staff. If at any time the Railway finds the safety arrangements are inadequate or unsafe, the contractor shall take immediate corrective action as directed by the Railway's representative at site. Any direction in the matter shall in no way absolve the contractor of his sole responsibility to adopt safe working methods. The Contractor should take utmost care to ensure that no damage to the locomotive/Railway property takes place due to any act of workmen, while carrying out the work under this Contract. It will be the responsibility of the contractor to ensure that all his workmen observe Industrial safety rules, procedures, methods, practices, etc. The Railway Administration shall not be liable for any accident, injuries, etc. to his workmen

DLS/Raipur area is provided with 25 KV HIGH VOLATGE over head supply for electrification of traction, hence:

Whenever any work is to be carried out either on 25 KV OHE or 30.3.1 in and around the OHE the tenderer should work only after duly taking PERMIT TO WORK from Railways.

If the loco is energized and the precautions as indicated by section in-charge should be strictly followed. No live parts of 25 30.3.2 KV OHE are to be approached or coming in contract with stick, rods etc., which will endanger to men.

The contractor shall take all pre-cautionary measures not only to ensure protection of his own personnel moving around or working on the Railway premises but also confirm to the rules and regulation of the Railways in this respect. Information about 30.3.3 OHE, safe distance, movement of locos in yards, movement of material by cranes are to be advised to the employees of contractor provided under this contract with precaution to be taken and their acknowledgement should be obtained by the contractor.

The contractor shall warn strictly all his workmen not to climb to 30.3.4 the roof of loco on any situation/condition without the knowledge of Sr. Section Engineer, Diesel Loco Shed, Raipur.

.A penalty of Rs.5000/- (Rupees five thousand only) will be levied on contractor on each occasion if contractor's staff found working without safety measures.

Completion Period: Entire work should be completed within 24 (Twenty Four) months from date of issue of letter of acceptance (LOA).

General conditions of contract of Indian Railway -April 2022 or latest will prevail wherever not specified otherwise.

For Scope of Work & other details please refer Tender Document attached below.