SPECIAL CONDITIONS OF CONTRACT (COMMON FOR BOTH TENDERS)

Transcription

1 SPECIAL CONDITIONS OF CONTRACT (COMMON FOR BOTH TENDERS) 1.1 Special conditions of contract shall be read in conjunction with the General Conditions of Contract. Specifications of work, drawings and any other documents forming part of this contract wherever the contract so requires. However, the tender shall be treated as separate for Damanjodi & Angul sectors. 1.2 Notwithstanding the sub-division of the documents into these separate sections and volumes every part of each shall be deemed to be supplementary to and complementary to every other part and shall be read with and into the contract so far as it may be practicable to do so. 1.3 Where any portion of the Special Conditions of Contract is repugnant to or at variance with any provisions of the General Conditions of Contract, then unless a different intension appears, the provisions of the special conditions of contract shall be deemed to over-ride the provisions of the General Conditions of Contract, only to the extent such repugnance s or variations in the special conditions of contract, as are not possible of being reconciled with the provisions of General Conditions of Contract. 1.4 In case of contradiction between Indian Standard Specifications, General Conditions of Contract, Special Conditions of Contract, Spe cifications, Drawings, Schedule of rates, the following shall prevail in order of precedence. i) Detailed Letter of Acceptance with BOQ & its enclosures. ii) Technical Specifications. iii) RDSO Standards iv) Indian Standards v) Special Conditions of Contract. vi) General Conditions of Contract 1.5 Tenderers are advised to submit quotations based strictly on the terms and conditions and specifications contained in the tender documents and not stipulate any deviations. Owner reserves the right to evaluate the quotations on such deviations having financial implications by adding the costs determined by owner. Wherever it is mentioned in the specifications that the contractor shall perform certain work or provide certain facilities, it is understood that the contractor shall do so at his cost. This being an Operation, Maintenance and Management contract, it has been considered that contractors are quoting the rates inclusive of all tools, tackles, instruments and manpower including supervision. 2.0 SCOPE OF WORK/ SERVI CES: The general scope of work and services to be rendered by the contractor shall broadly be as follows but not limited to the following: (a) Traffic Operation and Management of Rail System. SCC 1 of 9

2 (b) Maintenance and management of Locomotives & wagons. (c) Maintenance and management of Permanent Way. 2.1 Contractor shall provide technical advice and liaison services for the following as and when required by Engineer in charge. (a) Operation & maintenance and management of NALCO s Rail system. (b) Rectification of defects in construction, design and manufacture and suggestions / recommendations for modifications. (c) Assessment of all spares to be supplied by NALCO including its specifications and source of supply. (d) Review and assess additional safety measures required (if any) for NALCO s Rail system. (e) Liaison with Railway authorities for evacuation of wagons damaged due to any reason whatsoever during the traffic movement in main line at any of the NALCO s unit. (f) If situation arises to transport the coal through Railways from MCL to CPP, the contractor is to liaison and co-ordinate the work with the Railway to carry out the job smoothly and effectively for entire operation. 2.2 Contractor to supply all spare parts costing less than Rs 500/- to its account. 2.3 The detailed scope of work is explained in details in the Technical Specifications under different groups. 3.0 PLANT & MACHINERIES, JIGS, GADGETS, FIXTURES, SPECIAL TOOLS ETC: (a) Required Plant & machineries, Tools & tackles, Jigs, gadgets, Fixtures, Special tools, instruments etc each costing less than Rs. 7000/- shall be arranged by the contractor at his own risk and cost and no work should suffer on this account. (b) The plants & machineries, Tools & tackles, Jigs, Gadgets, Fixtures, Special tools instruments etc. each costing more than Rs.7000/- shall be provided by Nalco on returnable basis on requisition by the contractor. 4.0 NALCO S RESPONSIBILITY: (a) Water, steam, compressed air and power supply including additional connections as necessary. (b) Office, storage, and technical accommodation at all work places. (c) Maintenance and operation of weigh bridges. (d) All new construction of any type for any purpose, concerning railway system. (e) Maintenance of NALCO owned buildings, (f) NALCO will handover to the contractor a formal request to the railways for assessment delivery when se al is found broken / tampered with, or leakage / pilferage is noticed at the time of taking delivery from railways, or when seal is intact but weighment shows that the wagon is under-loaded or empty. (g) Loading and unloading of material from the wagons. SCC 2 of 9

3 (h) Sealing and riveting of wagons after loading, and preparation of labels, which is to be done by the goods clerk of railways. (i) Lodging claims with insurance company. (j) Arrangement and payment to Railways for Railway recovery crane and crews and for back loading of any NALCO wagon. (k) Provision of all track materials including the materials required for rectification of damage caused by accident / derailment. (l) All payment to Railways for any reason whatsoever. (m) Provision of maintenance manuals supplied by RDSO/manufacturers. (n) Any repairs / replacements which are the obligation of the manufacturer under the warranty clause. Contractor shall notify such defects promptly to NALCO, if noticed within the warranty period. (o) Supply of spare parts costing more than Rs.500/- for all types of maintenance work. (p) Issue of diesel to the locomotives and diesel trolleys as per the requirement. (q) Office & Technical accommodation: Office and technical accommodation for the technical and commercial execution of the contract shall be made available to the contractor free of cost by Nalco, including water and electricity. However the service maintenance of water supply to operating staff sheds etc including free supply of its items and service maintenance of electrical systems/ lightings in contractors office, accommodations, control room, store room, telecom room etc including free supply of bulbs, tubes, chokes, wires etc and other consumable items is contractor s responsibility. (r) Sick Line: Sick Line for repair and maintenance of loco and wagons are available in the rail network, which can be used by the contractor free of cost. (s) Living quarters: The quarters for supervisory staff may be allotted to the contractor on chargeable basis subject to availability. 5.0 ISSUE AND RETURN OF STORES: (a) The materials / spares (under the scope of Nalco) shall be issued from Central store of Nalco, The transportation of material to contractor s store/work place including preservation and safe custody shall be the responsibility of contractor with free of cost. (b) The contractor shall submit the reconciliation statement every month. In case of shortage of material cost of material shall be recovered from RA bill of the contractor. (c) The contractor has to return all the used up / unserviceable material/ spares/ used lubricants with its container to the central store once in every three months with free of cost. 6.0 COMMERCIAL CODITIONS: 6.1 Period of Contract: The contract is initially for a period of FIVE years from the date of issue of LOI.. This period may be extended on mutually discussion and accepted terms. SCC 3 of 9

4 6.2 Security of Contractor s establishment: Security of Contractors establishments such as its office and stores shall be of the contractor. Security of CRS shed (S&P) / Loco & Wagon Repair Shop (M&R) and other ancillary buildings also will be contractor s responsibility. Contractor has to post Guards at CRS shed / Loco & Wagon Repair Shop separately in A, B & C shifts at his own risk and cost. 6.3 Telephone / Mobile / Fax / / Computer Facilities: The contractor has to arrange at his own cost the P&T telephones, Mobile/ Cell phones, Fax, , Computer facilities etc. in his office for smooth, effective and fast execution of contractual works. Nalco may provide intercom telephones on need basis. 6.4 Performance: The Rail system is the lifeline of NALCO and the contractor is expected to give best of service to maintain zero break down in the O&M of track, traffic and auxiliaries. Any lacuna observed on rail track, which may cause for accident or derailment will be taken into consideration of penal action as deemed fit depending on the circumstances. Contractor shall carry out the services in conformity with Railway Standard / Norms / Codes and sound standard of Engineering Practices or as per decision of engineer-incharge. The decision of engineer -in-charge will be final and binding. 6.5 Execution of Work and Maintenance of Equipment: The contractor shall be entirely responsible for executing the work covered in the scope of work of this Tender in a proper and expeditious manner as per time schedule, specifications, Manuals and instruction of Engineer-in-Charge. Provision of all necessary maintenance aids and M&P such as welding & cutting sets, jib cranes, chain pulley blocks, slings, transportation equipments, tools & tackles, instruments etc. as well as testing appliances including their repair / maintenance shall be done by the contractor free of cost. Necessary supervisory personnel, skilled, semi-skilled and unskilled labour shall be provided by the contractor free of cost to perform the operation, maintenance and management of Rail Transport System as per requirement and decision of Engineer-in-charge. Re-railing equipments provided by NALCO to be maintained and to be re-started after every 15 days to keep the equipments in healthy and good condition. It must be available for its trouble free operation in every occasion. Contractor is responsible for this. 6.6 Inspection, Testing and Management of Records: The contractor shall carry out the various tests as enumerated in the Instruction Manuals/ Railway practices/ RDSO guidelines for Locos & Wagons. Proper records of such tests and inspection shall have to be maintained in formats/documentation as per instruction of Engineer-In-Charge of NALCO. SCC 4 of 9

5 The work is subject to inspection at all times by the Engineer-In-Charge. The contractor shall carry out all the instructions given during inspection and shall ensure that the work is being carried out according to the technical specifications given in the manuals or as per decision of Engineer-in-charge. The contractor shall provide access ladders, lighting and necessary instruments measuring scales, calipers, micrometers, level, megger, avometer, tongue tester, line tester, meter checker, phase sequence meter etc at his own cost. All the above should be available with the contractor with valid testing and calibration certificate as per ISO requirement. Any work not conforming to the Instruction Manual of DLW/RDSO or codes shall be rejected and the contractor shall carry out the rectification at his cost. All results of inspection and tests will be recorded in inspection reports, proforma of which will be provided by the Engineer-In-Charge. These shall be submitted along with the completion documents. The contractor shall print, provide and maintain all records like maintenance Schedule forms, log books, work sheets, registers and material reconciliation statement, store records etc. and submit reports/ records/returns confirming ISO / ISO requirements or as required by Engineer -in-charge. 7.0 MISCELLANEOUS RESPONSIBILITIES: 7.1 Operations of locomotives shall be done as per requirement and direction of Engineerin-charge including providing locomotive to Railway in case of any exigency. In the event of providing a locomotive to Railways, the normal operational work if suffers and demurrage on any wagon accrues, the same shall not be to the account of the contractor. 7.2 Inspection and clearance of Rail siding by Railway will be got done by the contractor on cost reimbursement basis. Only formal application and payment to the Railways shall be made by NALCO, for which contractor has to assist NALCO as required. Loss to NALCO, if any arising out of delay in clearance from Railways due to default by contractor will be to their account. 7.3 Enroute Wagon Repair: For any enroute detachment of BTAP wagons, following administrative arrangement shall be followed: M&R unit contractor will look after any detachments in Waltair division and part of Sambalpur division from Singhpur Road to Titilagarh Junction. S&P unit contractor will look after the detachments in Khurda division and part of Sambalpur division except Singhpur Road to Titilagarh Junction. 8.4 DEFECTS OF POH/ROH WAGONS: Any repair in wagons after ROH & POH with in stipulated defect liability period (1 year for POH wagon & 6 months for ROH wagon), shall be the liability of the SCC 5 of 9

6 contractor, who had done the same. Hence any expenditure incurred by other party shall be debited to such contractor. 9.0 OPERATIONAL LOAD: The approximate quantity of different category of material to be handled by Rail movement will be intimated to the contractor at the beginning of each financial year. However, the approximate quantity of materia l to be handled is indicated in detailed technical specifications under traffic head SIDING OPERATIONS: All operation including weighment will be carried out within the free transit time allowed by Railway, which will be apportioned between the contractor and NALCO by mutual consent. The contractor shall pay any demurrage charges that are attributable to them REPAIRS ARISING OUT OF ACCIDENT AND DERAILMENT: [a] Contractor will be responsible for safety of the system including restoration of nor malcy in operation in case of accident/derailment. [b] [c] [d] The relief / re-railing work in case of accident / derailment is entirely contractor s responsibility and it must be complied / executed with war foot basis including arrangement of necessary aids/implements/ tools/ tackles/ M&P etc. required for the work with free of cost. Negligence in this regard will lead to penal action as per decision of Engineer -in-charge. Necessary assistance including supply of track material, requisitioning Railway crane etc. shall be arranged by NALCO [if required]. If repairs arise out of derailment or accident during operation by the conractor, the contractor shall repair such damaged wagons/ locomotives, {if such repairs are possible as per decision of engineer -in-charge}. The cost of repairs will be back charged to the contractor as per actual cost. Haulage charges, if any, will directly be paid by NALCO to Railways and it will be back charged to the contractor. The decision of Engineer -incharge shall be final & binding on the contractor If repairs arise out of derailment or accident during operation by Railway or during loading/unloading, the contractor shall repair such damaged wagons [if such repairs are possible as per decision of engineer-in-charge] in the most economical manner. The cost of repairs will be reimbursed to the contractor as per actual cost [labour and material] incurred plus 15% as overheads. Haulage charges, if any, will directly be paid by NALCO to Railways. SCC 6 of 9

7 11.2 Any amount claimed / billed by the Railways on account of repair of NALCO owned wagons will be accepted in consultation with the contractor and the amount which is the result of default in maintenance by the contractor will be debited to him COMPENSATION/ PENALTY: 12.1 Penal action will be imposed on the contractor upon lapses/errors/omissions arising from negligence on his part or on the part of his employees The contractor has to carry out all the maintenance / repair work free of cost arising during the defect liability period at the end of the contract. If he fails to do such work the same shall be done by some other agency and the amount of maintenance / repair charge plus 25% extra shall be deducted / recovered from his bills without any prejudice EXTRA ITEM NOT COVERED IN NIT: If the contractor is required to do certain other work beyond the scope of NIT, contractor will be paid for cost of labour, materials, transportation, taxes, duties, transit insurance + 15% extra as overhead and profit to be derived on first principle TIMINGS: The different units of NALCO at Damanjodi& Angul normally functions in the following 03 shifts & General shift. A shift Hours to Hours. B shift Hours to Hours. C shift Hours to Hours. G shift Hours to Hours. The contractor has to organize the Operation Wing / Traffic Wing/ Maintenance wing for round the clock operations and maintenance matching with the above timings as per instruction of Engineer-in-charge PERSONNEL: 15.1 Contractor will provide details of category wise manpower [with details of qualification & experience] to be employed while submitting tender document for execution of the job for 5 years in line with respective group requirements. However, the number and categories of workers, supervisory, managerial and consultant staff, to be deployed from time to time on all activities, can vary and will correspond to actual requirements as assessed by contractor in agreement with the Engineer-In-Charge In case any person is appointed after his super-annuation, by the contractor, the same shall be subject to clearance by NALCO s Doctor. Such employee of the contractor must get a fitness certificate once in every year by NALCO s Doctor, and to be submitted by the contractor at the beginning of each year of the contract. During the time of commencement of the contract the age of the retired employees should not be more than 62 year for all categories of workers. SCC 7 of 9

8 15.3 Sub-contracting of any part of the work is not allowed, however the contractor has to obtain prior approval of NALCO in case of engaging any sub agency for a specified work PAYMENT: 16.1 The contractor shall raise monthly Running Account bills for the work done during the previous month, which will be released on monthly basis The bill shall be raised in computerized format being adopted at site, contractor to submit the bill formats in advance to get the same approved by the Engineer-in- Charge The monthly RA Bill should clearly indicate the Serial No, Service Tax Registration No., Name and Addresses of the contractor, Description and Classification of service and the Bill amount indicating Service Tax + Educational Cess thereon separately In view of the present system of e-payment, the contractor has to furnish a mandate to that effect to the owner as per approved proforma so as to enable e-payment of all payments due to the party Contractor has to carry out any maintenance work that may arise due to the default of the previous contractor during its defect liability period. In such any event the same be done after proper written instruction and joint record thereof. Contractor may raise bills towards the same in separate format for its settlement within 10 days of execution of such work, otherwise the same shall not be considered further TAXES AND DUTIES: The contractor s quoted rates shall be inclusive of all prevalent taxes and duties like Sales Tax on works contract and any other statutory taxes and duties as applicable on the date of submission of tenders as per Government guidelines, except Service Tax and Educational Cess thereon. The Service Tax and Educational Cess thereon may be indicated wherever applicable by the bidder in the appropriate space provided in the BOQ/Price Bid format. Any statutory increase in taxes and duties or additional taxes by Govt. notification shall be reimbursed to the contractor on production of documentary evidence to that effect TAX DEDUCTION AND CERTIFICATE: TDS for IT & ST at the rates prescribed by the Government from time to time will be recovered from each RA Bill and a TDS certificate thereof shall be given ESCALATION: Rate quoted shall remain firm during whole period of the contract. However, the increase in the minimum wage due to statutory variation by Govt. notification, if any, shall be reimbursed as per the following formula along with monthly RA Bill. SCC 8 of 9

9 VL = 0.85 x V x Y / 100 x (L1-L0) / L0 Where, VL = Escalation amount payable during any month. V = Value of work done during particular month at agreed contractual rates. Y = Labour Component (60%). L1 = L0 = Minimum daily wage of unskilled worker + Special Allowance + Statutory Wages + Additional Element as declared by NALCO. Same as L1 above but on the base date as per the contract. In this regard it is clarified that, the minimum wage as notified by the Chief Labour Commissioner (Central) has a variable component as Special Allowance which is linked to average AICPI for Industrial workers, which keeps on changing every six months. Since the rates for different years are different, the contractor has to absorb all such variations due to increase in Minimum wage in their quoted price, and no claim whatsoever on this account shall be entertained EXECUTIVE AUTHORITY: The Contractor shall report to respective Unit Heads, who shall nominate Engineer-in- Charge as his representative for execution of the work ACCEPTANCE OF TENDER: NALCO reserves the right to award the work in parts between two or more agencies. The work may be divided based on different groups for which BOQs are prepared. The quoted rates by the bidder shall hold good even in case of such splitting of work AGREEMENT: On finalization of tender and on issue of a Fax of Intent, followed by detailed Le tter of Intent, the Contractor has to execute an agreement as per format in the GCC on non-judicial stamp paper of appropriate value. ********** SCC 9 of 9