SOUTH CENTRAL RAILWAY

TENDER PAPER

FOR For Outsourcing of Security arrangements at ZRTI/MLY for 05 guards for a period of Two Years from 01.04.2015 to 31.03.2017.

Tender No. P/ZRTI/673/Private Security/Vol.IV dt.25.02.2015

Issued by Principal Zonal Railway Training Institute Moula-Ali, secunderabad. Telangana

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TENDER NOTICE

1. Tender No: P/ZRTI/673/Private Security/Vol.IV dt.25.02.2015 Name of the work with Outsourcing of Security arrangements at ZRTI/MLY for 05 guards 2. location for a period of Two Years from 01.04.2015 to 31.03.2017 Approximated cost of @ Rs.363/- per day per Security guard for five security guards the work involving a total financial implications of Rs.13,24,950/- (Rupees 3. Thirteen lakhs Twenty Four Thousand Nine Hundred and Fifty only)

4. Earnest Money Rs. 26,500/- (Rupees Twenty Six Thousand Five Hundred only) Deposit 5. Cost of Tender Forms Rs.2500/- (Rupees Two Thousand Five Hundred only) (a) By Post 6. (b) In Person Rs.2000/- (Rupees Two Thousand only)

7. Last date and time of 15.00 Hrs. on dt. 13.03.2015 Sale of tender form Last date and time for 15.00 Hrs. on dt. 14.03.2015 8. closing of tender box Address of the Office Office of the Principal, Zonal Railway Training Institute, Moula- 9. from where the tender Ali,secunderabad.- 500040. form can be purchased Date and Time of 16.00 Hrs. on dt. 14.03.2015 (Saturday) 10. opening of tenders Place of tender Office of the Principal, Zonal Railway Training Institute, Moula- 11. opening Ali,secunderabad. 12. Period of agreement Two Years Cost of tender and The cost of tender documents & EMD to be paid in cash office, EMD Chief Cashier, South central Railway, Secunderabad or through a 13. Demand Draft of any nationalized bank drawn in favour of FA&CAO, S.C.Rly, Secunderabad- 500071 payable at Secunderabad. Tender full details Tender full details viz., eligibility criteria, terms & conditions etc 14. are available at Principal, Zonal Railway Training Institute Moula-Ali, Hyderabad. Railway Administration reserves the right to Change/Alter/Cancel the tender without any notice.

NOTE:- (a) If the last selling/opening date is declared as “Holiday” for any reason, the Selling/Opening date of tender will be next working date. (b) No tender paper shall be sent by post. (c) Tenders received after due date will be summarily rejected. (d) The Tenders along with all relevant documents in sealed cover and superscribed on the top with Tender No. Due date, and Name of the work, addressed to Principal, Zonal Railway Training Institute, SC Railways Moula-ali, Hyderabad-40, should be dropped in the Tender Box kept in the Principal chamber at ZRTI/MLY.

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SOUTH CENTRAL RAILWAY

1. TENDER FORM

NAME OF THE TENDERER: ______

ADDRESS: ______

______

PHONE NO./CELL NO. ______

To,

President of India Through -The Principal, Zonal Railway Training Institute, Moula-Ali, Secunderabad Sir, Sub:- Tender for award of contract for Outsourcing of Security arrangements at ZRTI/MLY for 05 guards for a period of Two Years from 01.04.2015 to 31.03.2017.

1. With reference to your letter No. ______dated ______calling for tender for award of contract for Outsourcing of Security arrangements at ZRTI/MLY for 05 guards for a period of Two Years from 01.04.2015 to 31.03.2017

2. I/We have gone through the terms and conditions enumerated by the Railway Administration. I/We do hereby offer my/our rates to undertake the above work of Outsourcing of Security arrangements at ZRTI/MLY for 05 guards for a period of Two Years from 01.04.2015 to 31.03.2017 and I agree to the terms and conditions of the contract as detailed in the prescribed terms and conditions of the tender.

3. Acceptance of this tender shall constitute a contract between me/us and the President of India represented by the Railway Administration i.e., the Principal. Zonal Railway Training Institute, Moula-Ali,Secunderabad

4. I/We enclose herewith the particulars of our financial status, immovable properties, previous experience in the field of providing man power to enquiry service etc.

5. I/We agree to keep the offer open for a period of two years from the date fixed for opening the same tender and in default thereof, I/we will be liable for fordetiure of “Earnest Money”.

6. Tender details Page 3 of 35

1. Name and address of the tenderer

(name and the authorized signatory)

2. Name of the firm

3. Firm/Address with telephone number

4. Company/firm Registration particulars (registration number)

5. Name of the proprietor and constitution of the firm

6. Premises: Office full postal address and phone numbers

7. Previous experience with Railways or other organizations like Central/State Government firms, public sector, registered firms in executing in similar nature of work(copies to be enclosed) .

8. Turn over during last three years: Giving year-wise details supported by documentary evidence.

9. Any other information that the tenderer may desire to furnish

1. I/We make available my/our firm/ premises for inspection by any Railway Official/Officials at any date before and after the award of the contract.

2. I/We have remitted a sum of Rs 2,000/-(Rupees Two thousand only) towards cost of tender form for the contract through a money receipt/DD No. ______dated ______drawn at ______bank drawn in favour of FA&CAO, South Central Railway payable at Secunderabad, is enclosed herewith in original.

3. I/We have remitted a sum of Rs.26,500/- (Rupees Twenty Six Thousand Five Hundred only) towards Earnest Money Deposit for the contract through a money receipt/DD/FDR bearing No. ______dated______drawn at ______Bank in favour of FA&CAO, South Central Railway, Secunderabad payable at Secunderabad, and on account of the tenderer, is enclosed herewith in original.

4. I/We are aware that the amount quoted will include every cost that is going to be incurred by us. The Railway Administration as per the rules in vogue can deduct the tax at source from the quoted/approved rates. The amount quoted will be for Outsourcing of Security arrangements at ZRTI/MLY for 05 guards for a period of Two Years from 01.04.2015 to 31.03.2017and applicable for the tenure of contract.

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TENDER FORM (Third Sheet)

Name Of Work : ______

______

______

SCHEDULE OF RATES AND QUANTITIES

SL Rates Quoted In Figures Description Of Item Of Work Estimated value And Words(Rs.)

(1) (2) (3) (4)

1 Outsourcing of Security Rs,13,24,950 (Rupees arrangements at ZRTI/MLY for 05 Thirteen lakhs Twenty guards for a period of Two Years Four Thousand Nine

from 01.04.2015 to 31.03.2017 Handred and fifty only)

I/We undertake to do the work at ______% above/below the Schedule of Rates.

Dated ______

Signature of the Tenderer(s)

5. until a formal agreement is prepared and executed, the acceptance of this tender shall constitute a binding contract between us subject to modifications, as may be mutually agreed to between us and indicated in the “letter of acceptance” of my/our offer for this contract. 6. I/We enclose the following documents:

i. . ii. . iii. . iv. . v. . 9. Payment of stamp duty on agreement, if any, to be executed in pursuance of this tender will be born by us. In case of discrepancy in rate quoted in words and figures, the rate in words will only be considered.

(Signature of the authorized signatory)

Name & Designation:

Company/firm seal:

Place: Date:

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2. OFFER LETTER

From______

______

______

To

The President of India Acting through the (Principal,ZRTI,Moula-Ali) South Central Railway, SECUNDERABAD.

Dear Sir,

Sub:- Outsourcing of Security arrangements at ZRTI/MLY for 05 guards for a period of Two Years from 01.04.2015 to 31.03.2017 ====

1. I/we, the undersigned hereby offer to execute the above works within a period of two years from the date of issue of letter of intent/letter of Acceptance of Tender and in strict compliance with the provisions detailed in the Tender papers.

2. I/we agree that this/these tenders shall not be restricted or withdrawn and shall remain open for acceptance for and during the period of two years from the date fixed for opening the same subject.

3. I/we fully understand the terms, conditions and other provisions as contained in the Tender papers and I/we agree that same shall apply to my/our Tender/s as modified by my/our/Tender/s and I/we shall be bound by them.

4. I/We have gone through the general conditions of the contract governing the performance of the works covered by this tender, and I/we have kept my self / ourselves fully informed of these General conditions.

5. I/we have deposited, the required Earnest money of Rs.26,500/- (Rupees Twenty Six Thousand Five Hundred only) in respect of this/these Tender/s for which Receipt No.______Date______has been obtained. The full value of Earnest money shall stand forfeited without prejudice to other rights and remedies if:

(a) I/we do not execute the contract documents within 7 days of receipt of notice by the Railways that such documents are ready or

I/we do not commence work within 15 days of receipt of the instructions to that effect.

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Yours Faithfully,

Seal of the Tenderer

Signature/ of the Tenderer Place:

Date:

Witnessed by: 1. Signature :

Name in Block Letters

Address :

2. Signature :

Name in Block Letters:

Address :

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ANNEXURE II ABSTRACT SUMMARY

Name of work: Outsourcing of Security arrangements at ZRTI/MLY for 05 guards for a period of two years from 01.04.2015 to 31.03.2017. Sl.No Description Estimated value CONTRACTOR’s Agreement PERCENTAGE value 1 Schedule “A” 13,24,950 ------13,24,950 Total 13,24,950

(Rupees Thirteen Lakhs Twenty Four Thousand Nine Hundred and Fifty only)

(S. RAMESH BABU) PRINCIPAL/ZRTI/MOULA-ALI HYDERABAD-40

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ANNEXURE-III SCHEDULE

Name of Work: Outsourcing of Security arrangements of ZRTI/MLY for 05 guards for a period of Two years from 01.04.2015 to 31.03.2017.

Sl.No Description work Qty Unit Rate Amount 1 Outsourcing of security 05 02 Years 13,24,950 13,24,950 arrangements at ZRTI/MLY for 05 guards for a period of Two years Total 13,24,950 Grand Total 13,24,950 Rupees Thirteen Lakhs Twenty Four Thousand Nine Hundred and Fifty only

NOTE: The above work shall be done in compliance to Conditions & Duty as per Annexure-IV – A (A&B)

Payment will be made at the end of each month on certification from the Principal-in-charge for the quantities executed during that month.

(S. RAMESH BABU) PRINCIPAL/ZRTI/MOULA-ALI HYDERABAD-40

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Chapter III

GENERAL CONDITIONS OF CONTRACT

3.1 GENERAL: a All documents to be submitted in connection with this Tender shall be written in English/Hindi in ink duly signed and stamped on each page of the tender. b All prices shall also be expressed in words and figures wherever indicated.

3.2 ADDRESS OF PURCHASER: The list of addresses, to which correspondence, documents and other matters relating to the contract, should be sent is as under :-

The Principal, Zonal Railway Training Institute,Moula-Ali, Secunderabad, Telangana state. 3.3 Tender form: The tender documents can be obtained from the office of the Principal, Zonal Railway Training Institute, Moula Ali on presentation of Money Receipt for an amount equal to the cost of tender form issued by Chief Cashier, South central Railway, Secunderabad or DD issued by Nationalised/ Scheduled Banks in favour of FA&CAO/SC payable at Secunderabad.

3.4 EARNEST MONEY DEPOSIT: (a) The Tenderer must be accompanied by a sum of Rs 26,500/- (Rupees Twenty Six Thousand Five Hundred only) as earnest money deposited in cash or in any of form as mentioned below, Pay order or Demand Draft in favour of FA&CAO/SC payable at Secunderabad. (b) (i)These Forms of Earnest Money could be either of the State Bank of India or of any of the Nationalised Banks. (ii) Deposit receipts with auto renewal facility executed by the Scheduled Banks (other than the State Bank of India and the Nationalised Banks) approved by Reserve Bank of India for this purpose.

(c) No interest will be paid on the Earnest Money Deposit. It will be refunded in full to the un- successful Tenderer on application. In the case of successful Tenderer(s), the deposit will be retained as part of payment of the Security Deposit. (d) The total earnest money shall be forfeited without prejudice to other rights and remedies available if the contractor fails to execute the agreement or start the work within a specified time after the notification of the acceptance of his/their tender.

(e) The DD/FDR shall be in favour of FA&CAO/SC payable at SC.

3.5 SECURITY DEPOSIT : The Railways will retain the Earnest Money deposited by the contractor with his tender as part of security for the due and faithful fulfillment of the contract by the contractor. The balance to make up the security deposit as mentioned below will be recovered from the contractor’s bills. (a) Security deposit for this work is 5% (Five percent) of the contract value. (b) The rate of recovery should be at the rate of 10% (Ten Percent) of the bill amount till the full security deposit is recovered.

(c) Security deposit will be recovered only from the running bills of the contract and no other mode of collecting SD such as SD in the form of instruments like BG, FD etc. shall be accepted towards security deposit. (d) Security deposit will be returned to the contractor after the expiry of guarantee period of the work as certified by the Competent Authority. The Competent Authority shall normally be the authority who is competent to sign the contract. The certificate inter-alia, should mention that the work has been completed in all Page 10 of 35

respects and that all the contractual obligations have been fulfilled by the contractor and that there is no due from the contractor to Railways against the contract concerned. Before releasing the SD, an unconditional and unequivocal no claim certificate from the contractor concerned should be obtained. (e) No Interest will be payable to the Security deposit recovered from the bills. 3.6 Performance Guarantee a) The successful bidder shall have to submit a Performance Guarantee (PG) within 30 (thirty) days from the date of issue of Letter Of Acceptance (LOA). Extension of time for submission of PG beyond 30 (thirty) days and upto 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 15% per annum shall be charged for the delay beyond 30 (thirty) days, i.e. from 31st day after the date of issue of LOA. In case the contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any payable against that contract. The failed contractor shall be debarred from participating in re-tender for that work. b) The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% of the contract value: (i) A deposit of Cash; (ii) Irrevocable Bank Guarantee; (iii) Government Securities including State Loan Bonds at 5% below the market value; (iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of Performance Guarantee could be either of the State Bank of India or of any of the Nationalized Banks; (v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks; (vi) A Deposit in the Post Office Saving Bank; (vii) A Deposit in the National Savings Certificates; (viii) Twelve years National Defence Certificates; (ix) Ten years Defence Deposits; (x) National Defence Bonds and (xi) Unit Trust Certificates at 5% below market value or at the face value whichever is less. Also, FDR in favour of FA&CAO (free from any encumbrance) may be accepted. Note - The instruments as listed above will also be acceptable for Guarantees in case of Mobilization Advance.

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter Of Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G. shall be initially valid upto the stipulated date of completion plus 60 days beyond that. In case, the time for completion of work gets extended, the contractor shall get the validity of P.G. extended to cover such extended time for completion of work plus 60 days. (d) The value of PG to be submitted by the, contractor will not change for variation upto 25% (either increase or decrease). In case during the course of execution, value of the contract increases by more than 25% of the original contract value, an additional Performance Guarantee amounting to 5% (five percent) for the excess value over the original contract value shall be deposited by the contractor. (e) The Performance Guarantee (PG) shall be released after physical completion of the work based on 'Completion Certificate' issued by the competent authority stating that the contractor has completed the work in all respects satisfactorily. The Security Deposit shall, however, be released only after expiry of the maintenance period and after passing the final biII based on 'No Claim Certificate' from the contractor. (f) Whenever the contract is rescinded, the Security Deposit shall be forfeited and the Performance Guarantee shall be encashed. The balance work shall be got done independently without risk & cost of the failed contractor. The failed contractor shall be debarred from participating in the tender for executing the balance work.

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(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (not withstanding and/or without prejudice to any other provisions in the contract agreement) in the event of : (i) Failure by the contractor to extend the validity of the Performance Guarantee as described herein above, in which event the Engineer may claim the full amount of the Performance Guarantee. (ii) Failure by the contractor to pay President of India any amount due, either as agreed by the contractor or determined under any of the Clauses/Conditions of the Agreement, within 30 days of the service of notice to this effect by Engineer. (iii) The Contract being determined or rescinded under provision of the GCC, the Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of India.

{Ref. : Item-l to Railway Board's letter no. 2007/CE.I/CT/18 Pt.XII, dated 31.12.2010}

3.07 No conditions are to be quoted along with offer. In case conditions are quoted, the offer will be considered without conditions.

3.08 Consortium agreements and joint ventures are not permitted for this tender.

3.09 SPECIFICATION OF WORK: The execution of all works under this contract shall confirm to the specifications and codes of practice /manuals mentioned below as amended from time to time till date of opening the tender.

3.10 SUBMISSION OF CREDENTIALS (a) The onus of establishing credentials lies with the tenderer and hence Railway shall evaluate the offer only from the certificates/ documents submitted along with the tender offer. (b) Any certificates, documents submitted after tender opening shall not be given any credit and shall not be considered. (c) However, originals of certificates, documents, testimonials etc. already submitted by the tenderer along with his/her tender may be called for and their genuiness verified by checking the originals.

(d) Any paper submitted by the tenderer after opening of the tender, will not be given any cognizance and considered.

3.11 FORM OF TENDER:  The Tenderer shall submit his Tender in the form as purchased from Railways from S. C. Railway website duly filled in all respects in a sealed cover.  The Tenderer shall submit his tender duly super scribed with “Outsourcing Private Security arrangements at Zonal Railway Training Institute, Moula-Ali”.  The Tender and its contents shall be Foolscap / Quarter size.  The Offer submitted by the Tenderer which is not in proper FORMS as indicated below are liable to be rejected.

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NOTE:

i. Tender Document should be submitted in original computer printout and also should be legible to read. Photocopies are not acceptable. ii. Original document of the Tender papers shall be signed in ink by the Tenderer, duly stamped by the Tenderer, on each and every page in token of his having studied (Acceptance) the Tender Document carefully. iii. The original of the deposit receipt for Earnest Money Deposit shall be enclosed with the Tender Offer. iv. “Notes” at the end of FORM wherever given are to be reproduced. Tenders should not add their own ‘Notes’ below any FORM unless otherwise specified. v. The Tenderer should specifically number all the enclosures and also indicate the total number of pages in their Tender Offer.

3.12 FAKE/BOGUS/TAMPERED CERTIFICATES : If any certificates or details enclosed by tenderers are found to be fake/bogus/tampered, such of those agencies shall not be awarded any work in S.C.Railway for a period of 5 (five ) years from the date of opening of tender, Joint venture or partnership firms or any other nature of firms in which such agencies are a party shall also not be awarded any work for this period i.e. of 5 years.

3.13 SCHEDULE OF WORK: The work shall be completed within two years from the date of commencement of work until and unless extension is granted as per GCC.

3.14 ERASURE OR ALTERATION: No erasure or alteration in the text of the Tender Document is permitted and any such erasure and/or alteration will either be disregarded or render the whole Tender void at the option of the Purchaser. Any correction made in rate for work shall be initialed by the Tenderer in ink and dated.

3.15 NEGOTIATION OF RATES : Should the Railway decide to negotiate with a view to bring down the rates, the original offer will still be binding in case nothing materializes out of the negotiations. Tenderer shall not increase their quoted rates in case the Railway Administration negotiates for reduction in rates. Such negotiation shall not amount to cancellation or with drawal of the original offer and the rates originally quoted will be binding on the Tenders.

3.16 TENDER AN AGREEMENT: Till the agreement is executed by the successful tenderer with the Principal ZRTI, the terms and conditions of the tender will remain as agreement and the tenderer is bound to obey the conditions. 3.17 MISCELLANEOUS: Tender documents are not transferable. The cost of the Tender papers is not refundable.

3.18 General conditions of the contract of S.C. Railway is available in the office of the Principal, Zonal Railway Training Institute Moula-Ali for reference. The same can be obtained for study before participating in the present tender www.indianrailways.gov.in/railwayboard/.../General_Condition_July_2013‎

3.19 The tender is covered by "The General Conditions of Contract" governing the performance of the works and "Standard General Conditions of Contract in use in General in the South Central Railway" as amended from time to time. * *

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Chapter IV

SPECIAL CONDITIONS TO TENDERERS

4.1 LAWS OF INDIA : This contract shall be governed by the laws for the time being in force in the Republic of India.The problems if any, are to be brought to the notice of Executive-in- Charge in time i.e.,the Principal, Zonal Railway Training Institute, Moula-Ali, Secunderabad in writing so that the targeted period of completion is not bursted .

4.2 NOTICE UNDER LOCAL LAWS : The Purchaser, shall throughout the continuance of the Contract, and in respect of all matters arising out of the Contract, serve all notices and obtain all consents and way leaves, approvals and permissions required to be taken by the Purchaser under any regulations and by-laws of the local or other authority, which shall be applicable to the work. All payments shall be based on the extent of work actually done.

4.3.SUPERVISOR FOR THE WORK:The work of installation, commissioning and training of ‘Station Master’’ simulator shall be monitored by the Principal, ZRTI . He will record the work of installation, commissioning and training of ‘Station Master’’ simulator by contractor.

4.4.RAILWAY PASS : No Railway pass for the conveyance of the Contractor or his agents or his labour and/or stores will be granted. contractor has to arrange his own transport facilities for transporting his staff.

4.5.FORCE MAJEURE :If, at any time, during the continuance of this contract the performance, in whole or inpart, by either party, of any obligation under this Contract shall be prevented or delayed by reason of any war, hostility, acts of the public enemy, civil commotion, sabotage, fires, floods, earthquakes, explosions, epidemics, quarantine restrictions, strikes, lockouts, or acts of God (thereinafter referred to as “event”) then provided, notice of the happening of any such event is given by either party to the other within twenty one days from the date of occurence thereof neither party shall by reason of such event be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non-performance or delay in performance and the obligations under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist PROVIDED FURTHER that if the performance in whole or part of any obligation under this contract is prevented or delayed by reason of any such event beyond a period as mutually agreed to by the Purchaser and the Contractor after any event or 120 days in the absence of such an agreement whichever is more, either party may at its option terminate the contract, provided also that if the contract is so terminated under this clause, the Purchaser will at the time of such terminaton take over from the Contractor, at prices as provided for in the contract all erected equipment or equipments under erection as also all or any portion of unused, undamaged and acceptable equipments whether in storage or in the course of manufacture at Schedule rates or at prices mutually agreed to, where Schedule rates are not available.

4.6 AGREEMENT i. The successful Tenderer shall, within 7 days on receipt of Letter of Acceptance, be bound to execute an agreement based on accepted rates and conditions, in such forms as the Purchaser may prescribe and lodge the same with the Purchaser together with the conditions of contract, specifications and Schedule of prices referred to therein duly completed. ii. The complete equipments supplied, commissioned and tested by the firm including the software should have a warranty period of 2 YEARS from the date of commission of simulator.

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4.7 LOSS SUSTAINED DUE TO DEFAULT AND DELAY :

(a) In the event of any loss to the Purchaser on account of execution and/or completion of the work or any part thereof by agencies other than the contractor, the contractor shall be liable to reimburse the loss to the Purchaser without prejudice to the other rights and remedies of the Purchaser, and the reimbursement in full or in part as the case may be, shall be met, at the option of the Purchaser from out of all or any of the following sourcess, viz:

(i) Any amount due any payable to the contractor by the Purchaser on any account whatsoever. (ii) The contractor’s Security Deposit in the hands of the Purchaser as far as available. (iii) Any other assets whatsoever of the contractor.

(b) In the event of reimbursement from out of sources (i) and/or (ii) above- mentioned the Purchaser shall have the right of appropriation suomoto.

4.8. DETERMINATION OF CONTRACT : The Purchaser may terminate at any time by a notice in writing summarily determine the contract without liability to pay any compensation to the contractor in respect thereof in any of the following events.

i) INSOLVENCY ii) LIQUIDATION, iii) BREACH OF CONTRACT :

4.9 SUB - CONTRACTORS : No sub-contract is allowed for this work.

4.10 RECOVERY FOR DELAY IN COMPLETION:

If the Contractor fails to execute and complete work within the time specified in the agreement or within the period except in so far as the delay is on the Purchasers account, the Contractor shall accept reduction in the total amount payable to him by the Purchaser as per G.C.C. clause for the actual delay occasioned beyond the appointed time by which the work shall have been completed under the contract.

4.11 EXTENSION OF TIME:If such a failure as aforesaid shall have arisen from any cause which the Purchaser may admit as being a reasonable ground for extension of time the Principal Zonal Railway Training Institute, or his successor(s)/ nominee shall allow such additional time as he may in his absolute discretion consider to be reasonably justified by the circumstance of the case. The Contractor shall apply for extension at least one month before the expiry of the period of completion. Also see General Conditions of Contract Clause 17(A) and 17(B).

4.12. INSURANCE: The Contractor shall take out and keep in force a policy or policies of insurance against all liabilities of the Contractor or the Purchaser at common law or under any statute in respect of accidents to persons who shall be employed by the Contractor in or about the site of work or the Contractor’s offices for the purpose of carrying out the works on the site.

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4.13 ACCIDENTS :

(a) The Contractor shall, INDEMNIFY and keep the Purchaser at all times indemnified and protected against all claims made and liabilities incurred under ‘workman’s compensations Act’, the ‘Factories Act’ and the ‘Payment of Wages Act’ and rules made hereunder from time to time or under any other labour and industrial legislation made from time to time.

(b) The Contractor shall indemnify and keep the Purchaser indemnified and harmless against all actions, suits, claim demands, costs, charges or expenses arising in connection with, any death or injury sustained by the any person or persons within the Railway premises and any loss or damage to Railway property sustained, due to the acts or omission of the Contractor, his sub Contractors..

4.14 PAYMENT :

i. Payments will be governed by the terms specified and in accordance with accepted schedule of prices, read with relevant paras of the other parts. The Purchaser retains the right to withhold money due to the Contractor arising out of this contract for any default of the Contractor from other contracts which the Contractor may have with the Government of India.

ii. It is an agreed term of the contract that the Purchaser reserves to itself the right to carryout post –payment audit and/or technical examination of the works and the final bill, including all supporting vouchers, abstracts etc. and to make a claim on the Contractor for the refund of any excess amount paid to him if as a result of such examination any overpayment 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.

iii. The payment will be made by E-payment i.e. RTGS / EFT/crossed cheque. The Contractor has to submit Bank A/C number, Name of the Bank, Branch, location & Bank’s specific code. 4.15 ARBITRATION:

(a) If any dispute or any difference of any kind whatsoever arises between parties hereto in connection with or arising out of this agreement parties hereto promptly and in good faith with a view to its amicable solution and settlement. (b) In the event no amicable resolution and settlement is reached within a period of 90 days from the date of which the dispute/difference of either party shall be referred to the sole arbitrator appointed by the General Manager South Central Railway who shall be a Gazetted officer within 60 days from the date of receipt of request/demand. (c) The Gazetted Railway Officer to be appointed as Arbitrator will however not be one of those who had an opportunity to deal with the matter to which the contract relates. (d) In the event of the Arbitrator to whom the matter is originally referred being transferred or vacating his office or unable to act for any reason, General Manager of this Railway shall appoint another person to act as arbitrator in accordance with the terms of this agreement. Such person shall be entitled to proceed with the reference from the stage at which the predecessor left it. (e) The existence of any dispute or difference or the initiation or continuance of the arbitration proceedings shall not post pone or delay performance by parties of their respective obligations pursuant to the agreement.

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(f) Parties agree that the arbitrator(s) shall determine and make an award as to costs of the arbitration proceedings. (g) Subject to the provisions of the aforesaid Arbitration and Conciliation Act 1996 and the rules there under and any statutory modification thereof shall apply to the arbitration proceedings under this clause. (h) ASSESSMENT OF COST: Upon every and any such reference the assessment of the cost incidental to the reference and award respectively shall be at the decision of the sole Arbitrator or of the presiding arbitrator as the case may be. (i) VENUE: The venue for an arbitration shall be the place from which the Letter of Acceptance of Tender is issued or such other place as the Purchaser at his discretion may determine. (j) PAYMENT DURING ARBITRATION:Work under the contract shall, unless otherwise directed by the Purchaser, continue during the Arbitration proceedings and no payment due to or payable by purchase shall be withheld on account of such proceedings. Notwithstanding anything contained herein, the Arbitrators/Umpire as the case may be, shall have full authority to direct withholding of any payment if such action is considered for and proper at any time.

4.16. PROVISIONS OF PAYMENTS OF WAGES ACT :The contractor shall comply with the provisions of the payment of wages Act 1936 and the rules made there under in respect of all employees directly or through petty contractors or sub- contractors employed by him in the works. 4.17.PROVISION OF WORKMEN'S COMPENSATION ACT:In every case in which by virtue of the provision of Section 12, Sub-section (1) of the Workmen's Compensation Act, 1923, Railway is obliged to pay compensation to a workman directly or through petty Contractors or sub-Contractors employed by the Contractor in executing the work. Railway will recover from the Contractor the amount of the compensation so paid, and without prejudice to rights of Railway under Section 12, sub-section (2) of the said Act Railway shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by Railway to the Contractor whether under these conditions or otherwise. Railway shall not be bound to contest any claim made against it under section 12, sub-section (i) of the said Act except on the written request of the Contractor and upon his giving to Railway, full security for all costs for which Railway might become liable in consequence of contesting such claim.

4.18 TAXES : (a) The Contractor and all personnel employed by him shall pay such taxes like income tax as are payable under statutory laws of India and the Purchaser will not accept any liability for the same. (b) Deduction of income tax at source as per provision of finance act and income tax act in force may be made from the Contractor/sub-Contractor and the amount so deducted may be credited to the Central Government. Important:- The special conditions, supplement to the conditions of tender and contracts, General conditions of contract and notes appearing under the relevant chapter should be considered as part of the tender papers. Where the provision of the special conditions are at variance with the General Conditions of the contract and other documents mentioned above, these special conditions shall prevail.

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ANNEXURE-IV

Annexure-A

SPECIAL CONDITIONS- DUTIES OF PRIVATE SECURITY AGENCY: a)Providing round the clock security for the railway assets in the campus ofZRTI/MLY by deploying number of persons as specified under in each shift. b)Keeping the premises free from all un-authorized entrants and undesirable elements such as beggars, urchins, un-authorized hawkers etc. c)Have adequate training in fire fighting in order to assist in emergencies. d)Providing assistance to staff as and when called for at ZRTI/MLY. e)Preventing haphazard and un-authorized parking in the circulating area. f)Other duties as furnished in the enclosed “Annexure-B”

Deployment ZRTI/MLY: The Security agency shall, 05 Guards, i.e. one Guard for 1st shift and two Guards each for IInd and IIIrd shifts. Shifts as specified below: Units 05.45 to 14.00 13.45 to 22.00 21.45 to 06.00 Total hours shift (I) hours shift (II) hours shift (III) ZRTI Campus Total:05 01 02 02 guards per day

1.Be solely responsible for the maintenance of discipline of the personnel so deployed by it from time to time.

2.Be responsible for the payments of all salaries/wages and other allowances payable for their own personnel and in doing so shall comply with the required statutory rules/regulations, payment of minimum wages etc., as prescribed by the Government from time to time.

3.Agree and undertake to comply with all statutory provisions of responsible for any non- compliance of the same wherever such rules are made the Central, state and local bodies such as ESI, EPF etc., and shall be solely applicable to them.

4.Be solely liable for any accidents/injuries caused to their personnel or to their parties arising out of and in the course of employment and that the Agency shall comply with the procedures such as reporting to appropriate authorities, treatment of the injured and meeting the expenses incidental thereto, payment of compensation etc.

5.In the event of any theft, pilferage, loss, damage or injury, if any to the properties of the Railways or to their employees due to negligence or omission of duty committed by any of the personnel of the agency, the agency shall be held liable for all the loss/damage and in such event, the agency will reimburse to railways the value of such loss/damage. Whether any such loss attributed to the negligence or any such act on the part of security agencies security personnel are not will be decided by the Sr.DSC/DSC/HYB after a joint enquiry is conducted by the representatives of Sr.DSC/DSC and the agency. In case of any dispute in this regard the same will be referred to Principal/ZRTI/MLY whose decision shall be final. Page 18 of 35

6.Arrange to conduct surprise checks and generally supervise the performance and turn out of the personnel posted at the railways site. The outcome of the surprise check may be appraised to the Principal/Vice-Principal through a .

7. Security personnel shall not engage themselves, directly or indirectly, in any commercial activities or employment over & above their employment with the security agency.

8.Provide at its cost proper and attractive uniforms with nameplates & equipments as decided by Railways. All security personnel deployed shall keep smart active and impressive appearance and shall put on the uniform in well washed, pressed neat and tidy condition.

9.Only execute the contract work awarded and sub-contracting of work is not permitted.

10. The prices mentioned in the contract order shall not be subjected to escalation or increase on any account whatsoever. No escalation/overturn compensation shall be paid.

11.Be solely responsible for the strict compliance of the labour laws, industrial laws and such other laws, which are applicable from time to time including, but not limited to notification amendments or additions/corrigendum, which are made/issued by competent authorities.

12.Also be responsible for the payment of various taxes/levies of the state Government/Central Government and other statutory bodies.

13.Not deploy/engage any worker, who has not completed the age of 18 years on the date of his deployment/engagement.

14.Before deploying any persons for working, shall issue an identity card with photo to every worker/employee duly countersigned by the authorized officer or in-charge.

15.Cover each of his workmen under the provident fund & Miscellaneous provisions Act from the very first day of his employment with him.

16.Pay to each of his workmen the wages at the rate prescribed under the contract or as per minimum wages Act, whichever is higher.

17.Ensure that the security guards provided should have minimum working knowledge of English and Hindi and should be able write beat book, charge books etc.

18.Ensure that the security guards shall not take part or associate themselves directly or indirectly with any of the association, councils, forums, bodies of the Railways consisting of staff or labour of the Railways.

19. Be able to provide in any emergency needs of the Railways extra personnel at short notice. Such extra provisional shall be termed as spill over.

20.Ensure that the security guards indulging in undesirable acts shall be changed by the Security Agency forthwith on receipt at advice from the Railways. The decision of the Railways as to what is an undesirable act will not be open to question.

21. Be deployed for a maximum of 8 hours duty at a time.

22. It is made clear that Railways will not provide food, accommodation and transportation to the security personnel deployed at various places from time to time under no circumstances.

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23.Security personnel so deployed shall have adequate training in fire fighting.

24.Provide required stationary such as beat books and registers where in they will note the details of the assets he has token charge.

25.The Railway official will conduct checking from time to time with respect to discharge of duty delinquently by the security personnel.

26.Payment clause:

a)The Security Agency is entitled for payment on monthly basis based on submission of bills and attendance sheets by the tenderer i.e. Private Security Agency subject to:

1)Attendance from jurisdiction RPF post 2)Certification by the concerned ASI/Inspector regarding satisfactory performance of duty during the period. b)Final payment will be made on successful completion of the contract period i.e.24 months.

27.Penalty:- Penalty will be levied by the Railways for Absenteeism, dereliction of duty default and undesirable act on the party of the security guards. The decision of the Railway as to what is an undesirable act will not open to question.

a)Penalty for absenteeism up to 10% per month is one day wages per one shift, per one staff. The Agency is responsible for any loss or theft of property during the absence of security personnel.

b)The penalty for absence more than 10% is one day wages + 50% of one day wage per one shift per one staff.

c)The penalty for negligence, dereliction of duty default and undesirable act shall be minimum of payment of one staff for one shift and may exceed to Rs.500/- for one instance.

28.Agreement could be terminated at the expiry of the period of earlier by the Railway by giving ONE MONTH notice in writing.

29.Private Security Agency shall obtain and hold the license under private security agencies (Regulation) act, 2005 to undertake the district in which the Railway establishment to be secured is located. Whenever State Government has not designated the controlling authority the agency should make an application for such license within the stipulated period, whenever the State Government designated Controlling Authority by notification.

30.Follow the rules made under Private Security Agencies Central Model Rules 2006.

31.The contract will be subject to jurisdiction of Hyderabad Court.

32.Work under the directions and supervision of the Principal/ZRTI/MLY, South Central Railway, Secunderabad or supervisor nominated by Principal/ZRTI/MLY.

33.The jurisdictional RPF unit shall be entrusted with the responsibility of General supervision over Private Security Agency.

34.Provide transportation to the staff to arrive at their duty point on time at their own cost.

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35.Carryout any change in the deployment of security guards as per the instructions of the Railways.

36.Be wholly responsible to look after the day-to-day administration of its Security Guards example, housing leave, replacements absentee replacement etc., but shall not interfere in the organizational and functional aspect, except for carrying out surprise inspection at night to check the alertness of the security guards of the Security Agency. Such checks shall be at least once a week. The outcome of the surprise check may be appraised to the Principal/Vice- Principal through a report.

37.The Private Security Personnel provided to the Railway should be physically fit, free from any physical disabilities and smart. The agency should have a proper system of recruitment, C&A verification of their staff, a distinct uniform and proper ID cards. If found necessary, they may be subjected to medical fitness check to be conducted by a medical officer of the Railways and those found unfit shall have to be replaced forthwith by the Security Agency.

38.Obtain at its cost all permits and licenses as may be required under various laws and regulations for carrying out its obligations.

39.Security Guards deployed by the agency will report to a nominated officer of RPF before mounting for their duties and mark attendance.

40.Joint inventory will be taken by the security agency and Railways for all the materials and all Railway properties in a register. Any new item added on to the ZRTI/MLY should be added in the register. In case of any materials/items missing/stolen the agency will be held responsible and necessary charges will be debited to the agency.

41.The agency should deploy preferably Ex-servicemen below the age of 55 years for railway Security duty.

42.The firm should give proof that during the previous year they had operated EPF accounts of employees that were at least twice the number of employees proposed to be engaged by the Railways.

43.25% of the bill amount payable to the Security Agency should be withheld and paid only when it furnishes evidence that EPF obligations have been discharged.

44.The private Security guards to be deployed shall be imparted a week long orientation course by RPF before they are deployed on Railway Security duty. The guards shall not be treated as having performed duty for railways during the period of training. The expenditure on remuneration etc. Of these guards during the period of training will have to be borne by the concerned Private Security Agency. Cost of the training given to the guards by RPF will have to be borne by the concerned Private Security agency and cost to be remitted to Railways before the guards are sent for training.

45.General Supervision over private Security Agencies: The jurisdictional RPF unit shall be entrusted with the responsibility of general supervision over private security agency, over and above the supervisory staff deployed, if any, by the PSA concerned. The PSGDs shall report to a nominated officer of RPF before mounting for their duties and mark attendance, in addition to the maintenance of attendance register by the PSA, if any where RPF shall be responsible

Page 21 of 35 for conducting surprise checks to ascertain the presence, smart turn out and alertness of the private security guards at their respective duty points. RPF shall also keep a watch on the conduct of the private security guard etc. RPF will look in to complaints against the private security Guards and submit enquiry reports to the concerned department for necessary action. Payment of wages of the Private security guards shall be affected only after certification by the concerned ASC/Inspector regarding satisfactory performance of duties by them.

46.All check reports of RPF officer shall be sent to the controlling officer through the concerned Principal/ZRTI/MLY. In addition RPF will suggest shortcomings. If any modification in pattern of deployment, etc, from time to time.

47.The security agency shall maintain a work dairy which will give the details of all the works carried out daily which also should be jointly certified by the Security Agency’s representative and inspecting official of the railways daily. The extracts of diary given by the Security agency will have to be entered in to the prospective Security Agency’s daily material transaction register will form part of the monthly bill for verification and being used by the administration. ****

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ANNEXURE-B DUTIES AND RESPONSIBILITIES OF THE SECURITY AGENCIES

1.The security personnel including supervisors, if any, will report to the Railway officer nominated everyday at least 30 minutes before their duty time for briefing. After performing their duty, they will once again report back to the nominated railway officer for debriefing.

2.The security agency will supply list of Personnel (with name and addresses) in advance who are likely to be deputed in ZRTI/MLY.

3.The agency shall provide security personnel for 365/366 days in a year. No extra payment shall be made for working on Sundays and National/General Holidays.

4.Providing security for the Railway assets as per the allotment of duties/areas responsibility.

5.The personnel deployed by security agency has to behave properly, courteous with the Railway employees, to be patient, be tactful, impartial in his relations with the public and superior staff with whom he comes in to contact, to be of good character, to be physically energetic and mentally alert all the time.

6.To be vigilant and check/assist in checking, if required, all incoming and outgoing persons, vehicles, materials etc. 7.To prepare and issue gate passes for visitors and to collect such passes at the time of exit and to maintain record for the same.

8.To protect the property and premises against all outside and inside forces including malicious acts of any persons.

9.Keep the premises free from all un-authorized persons and undesirable elements.

10.Providing assistance to the Railway staff as and when called for.

11.To be able to provide intelligence services on regular basis on important event/developments concerning railways interest.

12.Patrolling in Area of Responsibility and to check all the locks and seals while on patrol.

13.Regulating traffic and ensure discipline and systematic parking.

14.In the event of any theft, pilferage, fire, disobedience, indiscipline, un-authorized/anti institutional activities and all other criminal activities in Railway Premises security personnel shall report the same to the RPF post concern.

15.The private Security Agency at the premises will be under general supervision of jurisdictional RPF unit.

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ANNEXURE-V SPECIAL CONDITIONS OF THE TENDER

1.The special conditions of the contract contained herein shall be supplement to the General Conditions of the contract. In the event of any conflict or inconsistence between them the special conditions of the contract contained herein shall prevail. The standard General conditions of tender shall use in connection with Civil Engineering works of south central Railway as amended from time to time will form part of this contract agreement and for all purposes be treated as if the same have been incorporated herein.

2.SCOPE OF WORK: The scope of the work is “Outsourcing of security arrangements at ZRTI/MLY for 05 guards for a period of two years” as per the schedule.

3.EXECUTIVE AUTHORITIES INCHARGE OF THE WORK AND CLARIFICATIONS TO BE OBTAINED:

3.1.Principal, ZRTI/MLY will be the officer in-charge of the work, and in the day to day execution of the work, and clarification or instructions given by him shall be final and binding on the contractor. Regarding alteration of the contents of the contract or any other matter connected with the contract, Principal/ZRTI/MLY will be the final authority and his decision shall be final and binding on the contractor.

3.2. The FA&CAO/SC, South Central Railway, Secunderabad will be the bill passing authority.

3.3.The work to be executed in the labour portion falls in the broad categories and as fully described in Annexure with technical specifications of this Tender.

4.EXECUTION OF THE WORK

4.1.The tenderer/contractor shall be responsible for ensuring that the work “Outsourcing of security arrangements at ZRTI/MLY for 05 guards for a period of Two years” is executed as per schedule & conditions of contract.

4.2. The rates quoted by the tenderer/contractor in the schedule shall be inclusive of all the charges including labour, maintenance, staff salary, batta, OT etc supply of minor item as per para 23. No other charges shall be payable by the Railways.

4.3.VARIATION OF QUANTITIES OF ITEMS OF CONTRACTS-LIMITS & RATES (Railway Board Lr. No. 2007/CE-1/CT/18pt.XII dt.31.12.2010) and Correction slip No.21 dt.02.02.2011 (Not Applicable for this work).

1.Prior finance concurrence is necessary for varying the individual quantities beyond 25% or where the grass agreement value exceeds 25% of the agreement value.

2.Individual Ns item in contacts shall be operated with variation of plus or minus 25% and payment would be made as per the agreement rate. For this, no finance concurrence would be required.

3.In case of increase in quantity of an individual item for more than 25% of the agreement quantity is considered as unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh tender for operating that item is considered not practicable, quantity of that item may be operated in excess of 125% of the agreement quantity (100% i.e, the original quantity + 25% i.e. quantity over and above the original quantity) subject to the following conditions. Page 24 of 35

a)Operation of an item by more than 125% of the agreement quantity needs the approval of an officer of the rank not less than SA Grade. i)Quantities operated in excess of 125% but up to 140% of the agreement quantity of the concerned item, shall be paid at 98% of the rate awarded for that item in that particular tender. ii)Quantities operated in excess of 140% but up to 150% of the agreement quantity of the concerned item shall be paid at 96% of the rate awarded for that item in that particular tender. iii)Variation in quantities of individual items beyond 150% will be prohibited and would be permitted only in exceptional unavoidable circumstances with the concurrence of associate finance and shall be paid at 96% of the rate awarded for that item in that particular tender. b)The variation in quantities as per the above formula bill apply only to the individual item of the contract and not an the overall contract value. c)Execution of quantities beyond 150% of the overall agreemental value should not be permitted and, if found necessary, should be only through fresh tender or by negotiation with existing contractor, with prior personal concurrence of FA&CAO/SC and approval of General Manager.

4)In cases where decrease is involve during execution of contract: i)The contract signing authority can decrease the item up to 25% of individual item without finance concurrence. ii)For decrease beyond 25% for individual items or 25% of contract agreement value the approval of an officer not less than rank of SA Grade may be taken, after obtaining “No Claim Certificate” from the contractor and with finance concurrence giving detailed reasons for each such decrease in the quantities. iii)It should be certified that the work proposed to be reduced will not be required in the same work.

5.The limit for varying quantities for minor value items shall be 100% (as against 25% prescribed for other items). A minor value item for this purpose is defined as a item whose original agreement value is less than 15 of the total original agreement value.

6.No such quantity variation limit shall apply for foundation items.

7.As far as SSR/SOR items are concerned, the limit of 25% would apply to the value of SSR/SOR schedules as a whole and not on individual SSR/SOR items. However, in case of NS items, the limit of 25% would apply on the individual items irrespective of the manner of quoting the rate (single percentage rate or individual item rate).

8.For the tenders accepted at the Zonal Railway level, the variation in quantities will be approved by the authority in whose powers the revised value of the agreement lies.

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9.For tenders accepted by General Manager, variations up to 125% of the original agreement value may be accepted by General Manager.

10.For tenders accepted by Board Members and Railway Ministers, variations up to 110% of the original agreement value may be accepted by General Manager.

11.The aspect of vitiation of tender with respect to variation in quantities should be checked and avoided. In case of vitiation of the tender (both for increase as well as decrease of value of contract agreement), sanction competent authority as per single tender should be obtained.

4.4.In case the tenderer fails to attend the meeting after being notified to do so or in the event of no agreement being arrived at the railway shall be entitled to execute the extra work/supply by other means and the tenderer shall have not claim for loss or damage that may result from such procedure.

5.Maintenance Period:

5.1The tenderer/contractor shall rectify defects that may arise in the work executed for a period of NIL from the date of commissioning of the work at each station, such defects being due to bad workmanship on the part of the tenderer/contractor or otherwise, should any dispute arise as to the correctness of the defect pointed out the Engineer’s decision in this regard shall be final and binding. The necessary disconnections of working circuit and equipments for carrying out improvements should be arranged by the railway Engineer and after completion of such improvement work, the Railway Engineer shall test and check all the circuits and gears thoroughly before re-introduction to normal working. The railway representative shall be present at the time of carrying out repairs to such working circuits. The Railway engineer should give a written advice to the tenderer/contractors (representative) about any defect shall attend to the defects in the presence of the Engineer in charge of the Railway.

6.INSURANCE, TAXES – CENTRAL STATE AND LOCAL

6.1.The tender shall take out and keep in force a policy or policies of insurance against all Liabilities of the contract or the railway in common law or under any status in respect of accidents to persons who shall be employed by the tenderer in or about the site of the tenderers office or the purpose of carrying out the contract works on the site. The tenderer shall also take out and keep in force a policy or policies of insurance against all recognized risks to the office accommodation and storage for which he is liable.

6.2.All rates quoted in the schedule shall be deemed to be inclusive of all taxes and excess duty, rayalty, octoroi etc., payable by the tenderer to the Government of any other authority and no additional rates or tax will be paid or claims entertained on this account by the railway. As the rates agreed upon are inclusive of all taxes. Levies, etc., the contractor shall not be entitled to get any sales tax i.e., whether under the central sales Tax Act and/or under Central Sales Tax Act of other station etc., separately from the Railway Administration.

7.WAGE ESCALATION AND PRICE ESCALATION CLAUSE

7.1.Railway is not agreeable to any wage escalation and price escalation clause.

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8.SAFETY PROVISIONS OF CARRYING OUT WORK, PROTECTION TO WORKS

8.1.The tenderer/contractor shall take all precautionary measures in order to ensure protection of his own moving about or working on the Railway Premises and shall have conform to the rules and regulations of the South Central Railway. If and when, while the work under the contract is in progress, there is likely to be an and danger to the persons employed by the tenderer/contractor due to running traffic or while working in Railway premises, the tenderer shall apply in writing to the Railway to provide flagmen and look out men for protection. The railway will however decide as to whether it is necessary to post such flagman and look out man for various types of works and also the number of such men required to protect tenderer/contractors staff working at site. The flagmen and lookout men will be Railway servants and expenses on this account will be recovered from the tenderer.

8.2.The tenderer should abide by the Railway regulations and also ensure that the same are followed by his representatives, agents , servants or sub-contractors or workmen. He is therefore, bound under these clauses to give notice to them about the provisions of this clause and the consequent liability of the tenderer/contractor under the agreement.

8.3.The works must be carried out most carefully in such a way that they do not hinder the railway operations except as agreed to by the Railway. The tenderer shall abide by the Indian Electricity Act and the Indian Electricity Rules as amended from time to time.

8.4.The tenderer/contractos employees and workers shall not for any reasons operate any appliances or installations of the Railway concerning the safety to the train movements. But they should whenever necessary notify to the qualified railway staff who will then take necessary steps.

8.5The tenderer shall make necessary precautions for working near the power lines. If at any time, the railways find the safety arrangements are inadequate or insufficient, the tenderer/contractor shall take immediate corrective action as directed by the railways representative at site. Any direction in the matter shall be in no way absolve the tenderer of his sole responsibility to adopt safe working methods.

8.6.Necessary personnel safety equipment as considered adequate by the engineer-in-charge should be kept available for the use of the persons employed on the site and maintained in a condition suitable for immediate use, and the tenderer should take adequate steps to ensure proper use of equipment by those concerned.

8.7.No electrical apparatus which is liable to be a source of danger, used by the operator shall remain electrically charged.

9.COMPLAINCE OF LABOUR LAWS.

9.1.The contractor shall arrange to obtain license before acceptance letter is granted to him as per contract labour regulations and abolition Act, 1970, If more than twenty persons are employed by him for executing the above work.

9.2.The contractor shall not employ labour below the age of 18 years.

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9.3.The contractor shall take all precautions to protect his labour from train movements by posting lookout men.

9.4.The contractor shall aide by the rules and the regulations of the contract labour (Regulations & Abolition) Act 1970 with general rules, 1975 amended up to date.

9.5.All the provision of relevant labour laws shall be strictly observed by the contractor Non observance of any such provisions or denials of rights and benefits to which they are normally entitled shall be viewed seriously and action shall be taken against defaulting contractor.

9.6.The contractor shall comply with the provisions of EPF & MP Act, 1952 and obtain code number from the concerned authorities whenever workmen employed by him are 20 or more. He shall also indemnify Railways from and against any claim, penalties, recoveries under the above Act and Rules. Contractors to get the code numbers under the EPF so as to enable the PF Commissioners to extend the social security benefits to the workmen engaged by the Railway contractors.

9.7.Extension of PF Act to the employees working under Railway Contractors: All employees under Railway contractors should be covered and code number allotted to them for complying under EPF and MP Act, 1952. Any contractor employing 20 or more than 20 employees stands to be covered from the day the employees strength reaches 20. Any contractor having the employment strength of less than 20 has no option of volunteering for coverage. In this regard it may be noted that whereas the code number is given upon the employment strength reaching 20 the contractor has to continue to comply even if the employment strength falls below 20 at a later date.

10.STEPS TO BE TAKEN TO AVOID DAMAGES TO RAILWAY INSTALLATIONS:

10.1.The tenderer shall see that no damage is caused to railway signalling and transmission wire, station installations, communication lines, electric devices, trains of any kind, fencing as well as any folling sotck and in general to all Railway installation and equipments. If any damage is caused to or suffered by any railway property by or as a consequence of the acts or unlawful omissions of the tenderer/contractor, or its employees and workmen or other persons connected with it, the necessary repairs of replacements shall be effected by the railways at the risk and cost of the contractor. The said expenses shall be recovered from the money due and payable to the tenderer/contractor or by other appropriate process.

11.CONTRACTORS LIABILITY, COSTS DAMAGES ETC.

11.1.All costs, damages and expenses with the railway may have incurred or suffered and which are recoverable from the tenderer/contractor under the terms of this contract or the relevant law may at the discretion of the railways, be recovered by deducting the requisite amount from any moneys due and payable or refundable to the tenderer on any account whatsoever or by legal proceedings. The railway also reserves the right and shall be entitled to retain payment due to the tenderers under this contract and to set off the same against all claims whether arising out of this contract or out of any other transaction whatsoever against the tenderer. In exercising this right the railway shall not act unreasonably.

11.2.In the event of any breach of the aforesaid conditions, the tenderer shall in addition to throwing himself open to action for contravention or items of the agreement and or for Page 28 of 35 criminal breach of trust be liable to account to government for a moneys advantage or profits resulting or which in the usual course would have resulted by reason of such breach.

12.STORAGE OF PETROLEUM No petroleum/spirit within the meaning of the Indian Petroleum Act shall be stores at site or adjacent land until the approval of the railway and necessary license under the act has been obtained by the tenderer/contractor. 13.COMPLETION PERIOD

13.1.The Railway expects that a resourceful and experienced contractor should be able to complete the work in all respects in TWO YEARS from the date of letter of acceptance of the tender.

13.2.The Railway administration has full powers to terminate the contract at any time without giving any notice, if the contract fails to comply the requirements.

13.3.If required the Railway administration may extend the agreement period after completion of the agreement period till the fresh contractor selected at the same rates, terms and no enhancement of Rates will be allowed. The Railway has full powers to terminate the contract at any time without giving notice if the contractor fails to comply the requirements.

14.TIME LIMITATION.

14.1.Subject to any requirement in the contract as to completion of any portion or partions of the work before completion of the whole, the tenderer/contractor shall fully and finally complete the work comprised in the contract by the date entered into the contract, provided that, if any modifications have been ordered or increased the magnitude of the work, then such extension of the contracted date of completion may be granted as shall appear to the railway engineer to be reasonable in the circumstances, provided, moreover that the tenderer/contractor shall be responsible for requesting such extension of the date as he may consider necessary as soon as a cause thereof shall arise and in any case not less than one month/reasonable time before the expiry of the original date fixed for completion of the work.

15.FORCE MAJEURE CLAUSE: If at any time during the continuance of this contract, if the performance in whole or in part by either party of any obligation under this contract shall be prevented or delayed by reason of any war, hostility, acts or public enemy, civil commotion, sabotage, serious loss or damage by fire explosions, epidemics strikes, lockouts or acts of god (herein after referred to events) provided, notice of the happening of any such event is given by either party to other within -- days from the date of occurrence thereof, neither party shall by reason of such event, be entitled to terminate this contract nor shall either party have any claim for damages against other in respect of such non performance of delay in performance and works under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist, and the decision of the Engineer as to whether the work have been so resumed or not shall be final and conclusive, provided further that if the performance in whole or in part of any obligation under this contract is prevented or delayed by reason of any

Page 29 of 35 such event for a period exceeding ...... days, either party may at its option terminate the contract by giving notice to the other party.

16A.Subject to any requirement in the contract as to completion of any portion or portions of the works before completion of the whole, the contractor shall fully and finally complete the whole of the works comprised in the contract (with such modifications as may be directed under condition of this contract) by the date entered in the contract or extended date in terms of the following clauses. Extension due to modification: (i)If any modifications have been ordered which in the opinion of the Engineer have materially increased the magnitude of the work, then such extension of the contracted date of completion may be granted as shall appear to the Engineer to be reasonable in the circumstances, provided more over that the contractor shall be responsible in the circumstances, provided more over that the contractor shall be responsible for requesting such extension of the date as may be considered necessary as soon as the cause there of shall arise and in any case not less than one month before the expiry of the date fixed for completion of the works.

Extension for delay not due to Rly. Contractor:

(ii) If in the opinion of the Engineer the progress of work has any time been delayed ny any act of neglect of Railways employees or by other contractor employed by the Railway under sub- clause (4)of clause 20 of these conditions or in executing the work not forming part of the contract but on which contractors performance necessarily depends or by reason of proceeding taken or threatened by or dispute with adjoining or neighboring owners or public authority arising otherwise through the contractors own default etc. Or by the delay authorized by the Engineer pending arbitration or in consequences of the contractor not having received in due time necessary instructions from the Railway for which he shall have specially applied in writing to the Engineer or his authorized representative then happening of any such even causing delay, the Contractors hall immediately given notice thereof in writing to the Engineer or his authorized representative then happening of any such event causing delay, the Contractor shall immediately given notice thereof in writing to the Engineer within 15 days of such happening but shall nevertheless make constantly his best endeavours to bring down or make good the delay and shall do all that may be reasonably required of him to the satisfaction of the Engineer to proceed with the works. The contractor may also indicate the period for which the work is likely to be delayed and shall be bound to ask for necessary extension of time. The Engineer on receipt of such request from the contractor shall consider the same and shall grant such extension of time as in his opinion is reasonable having regard to the nature and period of delay and the type and quantum of work affected thereby no other compensation shall be payable for works so carried forward to the extended period of time the same rates, terms and conditions of contract being applicable as if such extended period of time the same rates, terms and conditions of contract being applicable as if such extended period time was originally provided in the original contract itself.

Extension to delay due to Rly.

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(iii) In the event of any failure or delay by the Railway to hand over the contractor possession of the land necessary for the execution of the works or to give necessary notice to commence the work or to provided necessary drawings or instructions or any other delay caused by the railway due to any other cause whatsoever, then such failure or delay shall in no way affect or vitiate the contract or alter the character thereof or entitle the contractor to damages or compensation there for but in any such case, the railway may grant such extension or extension of the completion date as may be considered reasonable.

Extension of time for delay due to contractor.

16-B.The time for the execution of the work or part of the works specified in the contract document shall be deemed to be the essence of the contract and the work must be completed not later than the dates as specified in the contract. If the contractor fails to complete the works within the time as specified in the contract for the reasons other than the reasons specified the clause 17 & 17A the Railway may if satisfied that the work can be completed by the contractor within reasonable short time thereafter, allow the contractor such further extension of time (proforma AnnexI) as the Engineer may decide. On such extension the Railway will be entitled without prejudice to any other right and remedy available on that behalf to recover from the contractor as agreed damages and not by way of penalty as sum equivalent to ½ of 1% of the contract value of the works for each week or part of the week.

For the purpose of this clause, the contract value of the work shall be taken as value of work as per contract agreement including any supplementary work order/contract agreement issued. Provided also, that the total amount of liquidated damages under this condition, shall not exceed the under noted percentage value of the item or groups of items of work for which a separate distinct completion periods is specified in the contract.

(i)For contract value up to Rs. 2 Lakhs - 10% of the total value of the contract. (ii)For contracts valued above Rs. 2 Lakhs - 10% of the first Rs. 2 Lakhs and the 5% of the balance.

Provided further, that if the Railway is not satisfied that the work can be completed by the contractor and in the event of failure on the part of the contractor to complete the work within further extension of time allowed as aforesaid, the Railway shall be entitled, without prejudice to any other right or remedy available in that behalf, to appropriate the contractors security deposit and rescind the contract under clause 62 of these conditions whether or not actual damage is caused by such default.

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17.TIME IS THE ESSENCE OF THE CONTRACT: The time for completing the work by the date or extended date fixed for completion shall be deemed to be the essence of the contract and if the tenderer/contractor shall fail to complete the work within the time prescribed the railway shall, if satisfied that the work can be completed by the tenderer/contractor within a reasonable short time, thereafter be entitled without prejudice to any other right or remedy available on that behalf to recover by way of one half percent of the contract value of the work for each week or part thereof, the contractor is in default and alone the tenderer/contractor as such, further and in the event of failure on the part of the time allowed as aforesaid, the railway shall be entitled without prejudice to any other right or remedy available in that behalf to appropriate the tenderer/contractors security deposit and recover against contract under the General conditions of contract whether or not actual damage is caused by such default.

18.Special Conditions of Contracts regarding deployment of Contractors supervisors at ZRTI work site.

19.The period of deployment of technical staff covers from the date of issue of Letter of Acceptance till completed work handed over to Railways.

20.SERVICE ROADS

20.1.The tenderer will be permitted to make use of the existing service roads free of cost. New service roads, required by the tenderer in connection with the work whether within or outside railway land for carriage of materials or for any other purposes whatsoever will have to be constructed and maintained by the contractor at his own cost. For the purpose of construction of service roads on railway land, permission will be given to tenderer at Railways discretion free of any charges. If any railways land is necessary to be acquired or to be entered upon the land will have to be arranged for by the tenderer at his own cost. The tenderer will indemnify the railway against claims for any damages whatsoever on his account. Railway, however, reserves the right to make use of such service roads without any charges.

21.ROYALTIES AND PATENT RIGHTS: 21.1.The tenderer shall defray the cost of all royalties, fees and other payments in respect of patents, patent rights and licenses which may be payable to patentee, licensee or other person or cooperation and shall obtain in all necessary licenses. In case of a breach (whether wilfully or inadvertently) by the tenderer on this provisions, the tenderer shall indemnify the railway and their officers, servants, representatives against all claims proceedings, damages cost, charges, expenses, loss and liability which they are or any other may sustain, incur or be put to be reason or in consequence directly or indirectly of any such breach and against payment of any royalties damages or other money which the railway may have to make to any person or holder entitled to patent rights in respect of the users of any machine, instrument, process article, matter or thing, constructed, manufactures, supplied or delivered by the tenderer or to his order under this contract.

22.NIGHT WORK: The provision of clause for night work in the General Conditions of the contract should be noted regarding execution of work between sunset to sunrise. If the railway is however, satisfied that the work is not likely to be completed in time except

Page 32 of 35 required to be carried out even at night, without conferring any right on the contractor for claiming any extra payment for introducing night work.

i.During the course of work, if night works to be resorted to, the contractor shall make necessary arrangements for lighting the area etc. At his own cost and ensure that there shall be safe working to the required standard in the night.

ii.If night work is permitted by the Railway, the quoted rates shall hold good for the item of the work done during night also.

23.PAYMENTS: Payment will be made of the end of each month on certification from the officer-in charge for the quantities executed during that month.

24.DISASTER MANAGEMENT: In case of accidents and natural calamities like floods etc., the railway administration will draft the vehicles and equipments of the contractor. This will be non-schedule item.

25.DEDUCTION OF INCOME TAX AT SOURCE:

25.1.In terms of new section 194.C inserted by the Finance Act 1972 in the income Tax Act 1961 (as amended), the Railway shall at the time of arranging payments to the contractor and/or sub-contractor (in the case of sub-contractor only when the Railway is responsible for payment of consideration to him under the contract) for carrying of any work (including supply of labour for carrying out any work)under the contract, entitled to deduct income tax at source on income comprised in the sum of such payments.

26.GENERAL TERMS & CONDITIONS:

26.1.Tender is not transferable, rates in percentage shall be clearly written in figures and words. Tender containing erasures, corrections and unattested alterations will not be considered.

26.2.The contractor shall keep the offer open for a period of 90 days from the date of Opening of the tender.

26.3.The contractor shall arrange to obtain license before acceptance letter is granted to him as per contract labour regulations and abolition act 1970, if more than 20 persons are employed by him for the execution of the work.

26.4.The contractor shall take all precautions to protect his labour form train movement by posting lookout man.

26.5.The work should be completed within Two years (otherwise specified) from the date of issue of letter of acceptance.

26.6.Tools and plants shall be arranged by the contractor at his cost.

26.7.The rates quoted by the contractor for the schedules shall be inclusive of all taxes, labor and Transportation charges etc, Any other levies such as excise duty and octroi etc, payable on the contract value shall be borne by the contractor.

26.8.Tax at source as applicable i.e. as below at present will be recovered from the bills for which certificate will be given:

(a)Income tax : As applicable from time to time (b)Surcharge :As applicable from time to time (c)Sales tax :As applicable from time to time (d)Education cess: :As applicable from time to time Page 33 of 35

(e)Building cess :As applicable from time to time

26.9.The specifications referred to in the tender for various items should be strictly adhered to and the Materials should be got inspected from the Engineer in charge of work before installation/wiring.

26.10.The materials supplied and installed ae required to be warranted for a period of NIL against manufacturing/installation defects.

26.11.Tjhe tenderer shall bring out any deviations from the specifications clearly and separately. 26.12.The tenderer shall submit the details of financial status and soundness and similar nature of works Carried out in the last six months and current year in testimony of credentials.

26.13.The tenderer shall furnish the location of their workshop/laboratory and facilities available for testing, assembling and troubleshooting etc.

26.14.Materials shall be issued to the contractor or his representative at specific depot of the stores on production of identity card with photograph or authorization letter issued by this office. Also indemnity bond as per performa given in this form on non-judicial stamp paper of Rs.100.00 will be executed and submitted to the Principal in charge, Similarly, for skilled artisan staff and workmen, the identity cards if required may be obtained from this office.

26.15.The contractor should keep watchman for protecting Railway materials.

26.16.The tenderer shall be liable to render full accountal for all the materials issued by the Railway. If any quantity of Railway materials is consumed in excess or wasted or damaged or lost or otherwise not satisfactorily accounted for recovery shall be made from the tendered at twice the market rate of materials prevailing at the time of last issue of the materials. Materials consumed in excess or wasted or damaged or lost or not satisfactorily accounted for shall be similarly charged to the tendered at the above rate.

26.17.The tendered has to return any cut pieces of cables, wires etc,. That may be left out and any surplus Materials from the work and empty drums and other painting materials that might have been handed over to him. They shall be taken over by the railway representative with proper written acknowledgement from the engineer representative for all the materials returned by him.

26.18.The tendered will comply with the General conditions of the Contract, South Central Railway wherever applicable.

26.19.Seigniorage charges for supply of earth, mooram, sand and other minerals as fixed by the state government and payable to them as revised from time to time during the currency of contract will be recovered by railway from the contractors, on account and final bills and remitted to the state government. The rates quoted by the tenderer shall be inclusive of these charges. Claims regarding revision of seigniorage charges and consequent enhancement of the accepted rate will not be entertained.

[ 26.20.CONSERVANCY CHARGES: Conservancy charges shall be deducted as per the norms fixed by Railway Board. 26.21.VITIATION CLAUSE: If vitiation occurs on account of variation in quantities, the amount payable will be restricted to the overall lowest value quoted in all the acceptable offers for this tender calculated on quantities of various schedules as actually executed.

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26.22.SETTLEMENT OF CLAIMS/DISPUTES OF CONTRACTORS: 1. The provision of Clause 63 and 64 of the General Conditions of Contract will be applicable only for settlement of claims/disputes for values less than or equal to 20% of the original value (excluding the cost of materials supplied free by Rly.) of the contract or 20% of the actual value of the work done (excluding the value of the work rejected) under the contract, whichever is less. When claims/disputes are of value more than 20% of the value of the original contract of 20% of the value of the actual work done under the contract whichever is less, the contractor will not be entitled to seek such disputes/claims for reference to arbitration and the provisions of clause 63 and 64 of the General Conditions of Contract will not be applicable for referring the disputes to be settled through arbitration.

2.The contractor shall furnish his monthly statement or claims as per clause 43(i) of General Conditions of Contract. But the contractor should seek reference to arbitration to settle the disputes only once, subject to the condition as per para-1.

3.These special conditions shall prevail over the existing clause of 63 & 64 of General Conditions of contract.

26.23.PROVISION OF ELECTRICITY TO CONTRACTOS OR ANY CONTRACT WORKS 1.The cost of connection charges for the above have to be borne by the contractor and the rates shall be fixed as per policy directives issued Rly. Board vide Lr. No.85/Elec.1/137/6 dt.19.02.1987.

26.24.UN-AUTHORISED USAGE OF ELECTRICITY While carrying out the works if the power stolen by the contractor, a penalty was imposed in terms clause No.(i) of section 135 of the Electricity Act which is reproduced below:

In case where the load abstracted consumed or used or attempted abstractions of attempted consumption or attempted use.

1.Does an exceed 10 Kilowatt, the Fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of 2nd or subsequent conviction, the Fine imposed shall not be less than six time the financial gain on account of such theft of electricity.

2.Exceeds 10 K. Watt, the Fine imposed on first conviction shall not be less than three times the financial gain On account of such theft of electricity and in the even of 2nd of subsequent conviction, the sentence shall be imprisonment for a term not less than 6 months but which may extend to five years and with fine not less than 6 times the financial gain on account of such theft of electricity.

CONTRACTOR PRINCIPAL/ZRTI/MLY

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