Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer NORTHERN RAILWAY TENDER NOTICE No. 43(O)/DRM/MB DIVL. RLY. MANAGER DATED: 01/10/2013 OFFICE, MORADABAD Item No. Name of Work Approx. cost of the work Cost of tender form Address of the office from where the tender form can be purchased Earnest money to be deposited Comple tion period of the work Date & time for submissio n of tender & opening of tender Website particulars and notice board location where complete details of the tender can be seen, etc. 1 Provision of rolling in hut rolling in lights for C&W staff of Moradabad division in the section of Sr.DEN-I & DEN/HQ Moradabad. Provision of additional rooms for C&W staff and stores in sick line at Haridwar & Dehradun and Partition of running room at Haridwar under ADEN/Roorkee . 1946132/- 2000 Engineering Branch, Divisional Railway Managers Office, Northern Railway, Moradabad 38930/- 6 month 19/11/13 Website: www.nr.indianra ilways.gov.in Notice board is located in the Works Accounts (WA) section of Engineering Branch, Divisional Railway Managers Office, Northern Railway, Moradabad 2 Cleaning of jungle and removal of debris in stations area and colonies under ADEN/Najibabad. 614577/- 2000 12300/- 2 month 19/11/13 3 Rebuilding of bridge no. 87 (1x6 feet) span at Km 93/9-10on GJL-MZM section and bridge no. 3 (1x2 feet) span on NBD-KTW section under ADEN/Najibabad. 1400721/- 2000 28020/- 4 month 19/11/13 4 Improvement to platform surface on platform no. 1,2&3 by vacume dewatering concrete at Haridwar under ADEN/Roorkee. 5165200/- 5000 103304/- 4 month 19/11/13 5 Pre & Post attention work in connection with deep screening by BCM and tamping by tamping machine in MB Division. 19801250/- 5000 249010/- 6 month 19/11/13 Notes:- 1. Tender documents should be submitted in sealed cover superscribing the name of work and date of opening. Special conditions, if any, should be attached (tied with tag/thread properly) with the tender documents only. No loose document, found in the tender box, shall be considered, in any case. 2. Partnership deed, Power of Attorney etc: The tenderer shall clearly specify whether the tender is submitted on his own or on behalf of a partnership concern. If the tender is submitted on behalf of partnership concern, he should submit along with the tender the certified copy of partnership deed and power of attorney as specified in para 8 of Annexure K-2 of the tender documents. If these documents are not enclosed along with tender documents, the tender will be treated as having been submitted by individual signing the tender documents. The partnership deed should invariably be attached with the tender documents while submitting the tender documents. No partnership deed shall be entertained after opening of the tenders. 3. Beside this tender documents are also available at Northern Railway website www.nr.indianrailways.gov.in and the same can be down loaded from there also. The tender documents downloaded through website must accompany tender documents cost as mentioned above, otherwise the tender shall be summarily rejected. Further particulars regarding tenders/tender documents can be taken from the office of Divl. Rly. Manager/Engg Branch/Moradabad after depositing the requisite tender cost. If required by post Rs.500/- extra (non-refundable) through demand draft in favour of Sr. Divl. Finance Manager, Northern Railway, Moradabad shall be required to be paid. No tender form will be issued on application received after 12.00 hours on the same day (date of tender opening). The tender opened at 16.15 hours on the same day (date of tender opening). The cost of tender documents is non-refundable and tender documents are not transferable. 4. The earnest money and the cost of tender documents can be paid in the form of 1) cash deposit with Divisional Cashier or Chief Booking Supervisor, Northern Railway/Moradabad or any station of Moradabad Division and money receipt to be attached with tender documents with entry of the same in the tender documents below the tender schedule. 2) Demand draft, deposit receipt, pay order etc. issued by State Bank/Nationalized banks/Scheduled banks approved by RBI only valid for 90 days or more from the date of opening of the tender duly pledged in favour of Sr. Divisional Finance Manager, N.Rly./Moradabad. Tender documents received without earnest money and security deposit, to keep the offer open for a period of 90 days will be -2- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer summarily rejected. The details regarding forms in which earnest money and tender documents cost can be deposit are availabl e in para 3.2.1 and 2.1.3 of the tender documents. Following condition no. (i) & (ii) are for item no. 4&5 above only:- (i) Contractor should have completed at least one similar single work in the last three financial years (i.e. current year and three previous financial years) for a minimum value of 35% of advertised tender value of work. (ii) Contractor should have received contract amount of minimum of 150% of advertised tender value of work during the last three years (i.e. current year & last three previous financial years). Certificate produced by the tenderer(s) to this effect which may be an attested certificate from the employer/client, audited balance sheet duly certificate by the Chartered Accountant, etc. Similar nature of work will be considered for item no. 4 above as under:- Any civil work other than track work. Similar nature of work will be considered for item no. 5 above as under:- Any manual or mechanized track work involving CTR/TRR/TSR/Deep screening/Shallow screening/overhauling/De-strssing/Raising/End cropping of track etc. Pre & Post works for track maintenance machines & TTR by T-28. For Divl. Rly. Manager N.Rly/Moradabad. -3- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer -- n zi+ -.(i)n.. .ni. nn n -i+ l<-i+ c+.+c..c+. +iin. ni<ii< +n = . +i +i -in +i +i ~-nil-- nin- l-l<i z +i n- +iin +i -i ti = l-l<i . ii<i i =+-i t iit ilzi +i + i +- +i =n ~li l-l<i z ni +- -ii in- +i l<-i+ =n =i: (n -il= i +i -ii- ti l--- i-+ii i-- +i i =+-i t + -i nn ~l-i--i. in ( nn ~l-i--i. nin-ccni<ii< + i n +l ( n- -i+ + ln( ilnn :- t. ilnn :- ni: +i ii- =ti+ nn ~l-i--i-cc+i + ~ii- tl,i <ti<- n +l ( n- ( -i -i+ + ln( l=+ ni:- n ~l-l+- +n +i iii- -ii tl,i n l-n n + l-ii- +i iii- 1946132/- 2000 :il-ln ziiii nn n -i+ +iin -- n ni<ii< 38930/- 6 l-l<i l<-i+ +.++.+. +i +-.cc -+ ~inlz- +i i-i t i -=i l<- +-.+: iini ini =i: www.nr.india nrailways.go v.in nn n -i+ +iin :il-ln ziiii -- n. ni<ii< + l-nii nii ~--iin n -il= i l-i- t . =ti+ nn ~l-i--i-cc-iii< + ~ii- nn +i =+i: -ii -zi- (li ( +inil-i = nn ti- +i +i 614577/- 2000 12300/- 2 . =ti+ nn ~l-i--i-cc-iii< + ~ii- l+cnic .+c nininin i n =c / (1X6 l+) -- -ii -iii< +i,i i n =c . (1X2 l+) -- + -l-nii +i +i 1400721/- 2000 28020/- 4 - =ti+ nn ~l-i--i-cc+i + ~ii- tl,i -'i- -n+in =c +. . . +n liln ++i ,ii -n+in + =-t +i =ii +i +i 5165200/- 5000 103304/- 4 : -ii<ii< nn n -ii ( i- + =i n i -+il-n ic=ic(n ,ii ( l-n n'ii- ,ii l-n +i +i 19801250/- 5000 249010/- 6 +. l-l<i <--i (+ =i- -< ln+i+ n + -ii ln+i+ + - +i +i -in -ii l-l<i in- +i l-li ~l+- ++ l-l<i i+= n in lzii zi-. l< +i: ti. l-l<i <--ii + =ii ti =n- (n i iin = ~-zi -t ii +) + +i: -ii ~l-l+- i l-l<i <--ii + =ii =n- -ti ii ni. l+=i -ii <zii n l-iii -ti tini .. i-lzi i. i ~i+ (i-i ~il< l-l<i+i - -i = ll-l< +ni l+ l-l<i -=+i ~i = i l+=i -iini<ii =nii- +i ~i = --- +i i ti t l< l-l<i l+=i -iini<ii =nii- +i ~i = --- +i i-i t -i -= l-l<i + =ii -iini<ii lni -ii -iini<ii +n +i ~i = l-l<i <--i t--i-i +- + ili+i +i nili- l- =i l+ l-l<i <--i + (-+ +. n -l-nli- t. --- +-i -iilt( l< <--i. l-l<i <--ii + =ii =n- -ti l+ i- t -i t =nni ini +i t l-l<i. l-l<i <--ii t--i-i +- in l+- ,ii --- +i n: t -iini<ii lni ~l-i -i = l-l<i <--ii + =ii =n- + l-l<i in- + z-i- +i: -ii -iini<ii lni -i+i -ti l+i i(ni .. :=+ ~l-l+- l-l<i~l-ini -- n +i =i: www.nr.indianrailways.gov.in -i -ii -ni t -ii l-l<i~l-ini ti = -ii i-- ni l+i i =+-i t =i: = i-- ni l+ n l-l<i~l-ini + =ii l-l<i +i +in- i l+ -i+- -iln+i n lnii t . ni +-i ~l-i t ~-ii l-l<i l--- + <i ini l-l<i = = li- ~- i-+ii i l-l<i <--i nn n -i+ -.. ni<ii< + +iin (:i) l-iin = l+=i -ii +i l<= n +c = +: -+ +in +i +in- ni ++ i-- l+i i =+-i t +i +in- lni i+ + ,ii -ii ni +i i =+-i t i l+ la nn l- -i+ -.. ni<ii< + -i n < ti l-l<i z i+ ,ii nni- . :cc ~l-l+- -i-i tini l-l<i z +i +in- i= -ti tini l-l<i +in ~t--i-ii t l-l<i in- +i l-li +i l-l<i +n +..cc -+ ti ii +i i(ni -. iit ilzi l-l<i n- l--- llii ,ii ni +i i =+-i t +) nn +lz i -i+ l+n =i: -- n ni<ii< + +iin n i ni<ii< nn + l+=i ~- -zi- -+< -i n ni ++ =i< + =ii -ii +i i( -ii -=+i li zin + -i- lni .) -ii-i - +ii +- + ,ii ii ~i. lni i+ ~ii +zi lil =i< + n. i in- +i l-li = -4- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer c l<-i i -== ~li+ + ln ni- ti -ii la nn l- -i+ -.. ni<ii< + -i n < ti l-i iit ilzi + l-l<i -i+i -ti t l-l<i+-i +i ~-i ~i+ in- +i l-li = c l<- -+ i (ln) i-i tini ~-ii l-l<i l--- =nni ini iit ilzi l-l<i n- + =-i n li l-l<i <--i + i = ....+ ..+.. n li- t l---lnli- zi- (1) ~i (2) -i+- n< =c - ~i : + ln( +.a+<i - lzn . l-i ii n (-ni- i -ii lzn . l-i i n) :=i +i + +ilzi- nin- + .: l-zi- +i (+ +i i l+i ti ..a+<i - lzn . l-i ii ( -ni- l-i i n +ilzi- nin- +i +n = +n +:c l-zi- ilzi +i -in-i- i-- l+i ti := =--i n l-l<i<i-i ,ii i nii z --- l+i ini t nii z l-i+-i+ni:- = =il- ti-i -ilt( iii ~il n-= zii -i (+i--- ,ii lli- nili- ti-i -ilt( =ni- +l- + +ii n< =c - + ln( l---i-=i l-i l+i ini l=ln +l- +i +i: -ii +i + +i +i zi+ =ni- +l- + +ii n< =c : + ln( l---i-=i l-i l+i ini +i: n-~n ~ii n+-i: + + l=n =icic~icic~ic~ici-+il-nzini -+il-n~itilnnl-l=nln( +iln :il< +i +i =l-nln- t -ii ic. nzii- + ,ii ic~ic~ic. i ( i- += +i + n-i--= ~il< +i +- nn n -i+ (:i) -.. ni<ii< -5- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer SCHEDULE OF RATES AND APPROXIMATE QUANTITIES RATES TO BE QUOTED BY THE TENDERER 1. Name of work:- Provision of rolling in hut rolling in lights for C&W staff of Moradabad division in the section of Sr.DEN-I & DEN/HQ Moradabad. Provision of additional rooms for C&W staff and stores in sick line at Haridwar & Dehradun and Partition of running room at Haridwar under ADEN/Roorkee . Estt. No. 266/2013 (DF-III), 267/2013 (DF-III) & 138/2013 (rev). . Approx cost:- Rs. 19,46,132/- EM:- 38,930/- D.O.C. Six months (SH I) Provision of rolling in hut rolling in lights for C&W staff of Moradabad division in the section of Sr.DEN-I & DEN/HQ Moradabad Item No. Description of items (Part-A, SOR items) Unit Rates in fig. & words 1 All L& M for all items of Ch. 1 (Earth Work) of SOR/2010 except item No. 014060,014120&014130 at par cost Rs. 675/- %age above /below/ at par 2 All L& M for all items of Ch. 3 (Plain Concrete) of SOR/2010 except item No. 033070,033080,033090,033110,033130 at par cost Rs. 104240/- Do 3 All L& M for all items of Ch. 5 (Brick Work) of SOR/2010 except item No. 055100 to 055120, 056010 to 056030, 057170 par cost Rs. 34377/- Do 4 All L& M for all items of Ch. 8 (Steel & Aluminum Work) of SOR/2010 at par cost Rs. 379600/- Do 5 All L& M for all items of Ch. 9 (Flooring, Paving and Dado) of SOR/2010 except item No. 096011,099030,099040,099160,099170,099180 at par cost Rs. 46285/- Do 6 All L& M for all items of Ch. 10 (Roof & Ceiling) of SOR/2010 except item No. 105010,105020,105110 to 105150,106080,106090,106160,107010 to 107130,109010 to 109020,109030,109160,109310 par cost Rs. 140967/- Do 7 All L& M for all items of Ch. 11 (Finishing Masonry) of SOR/2010 at par cost Rs. 464/- Do 8 All L& M for all items of Ch. 12 (Painting, Polishing and Vanishing) of SOR/2010 at par cost Rs. 20405/- Do ( SH II) Provision of additional rooms for C&W staff and stores in sick line at Haridwar & Dehradun under ADEN/Roorkee. Item No. Description of items (Part-B, SOR items) Unit Rates in fig. & words 1 All L& M for all items of Ch. 1 (Earth Work) of SOR/2010 except item No. 014060,014120&014130 at par cost Rs. 33153/- %age above /below/ at par 2 All L& M for all items of Ch. 3 (Plain Concrete) of SOR/2010 except item No. 033070,033080,033090,033110,033130 at par cost Rs. 211625/- Do 3 All L& M for all items of Ch. 4 (RCC) of SOR/2010 except item No. 045020,045021,045022,045030,047010,047053,047054 at par cost Rs. 329078/- Do -6- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer 4 All L& M for all items of Ch. 5 (Brick Work) of SOR/2010 except item No. 055100 to 055120, 056010 to 056030, 057170 par cost Rs. 233646/- Do 5 All L& M for all items of Ch. 8 (Steel & Aluminum Work) of SOR/2010 at par cost Rs. 53065/- Do 6 All L& M for all items of Ch. 9 (Flooring, Paving and Dado) of SOR/2010 except item No. 096011,099030,099040,099160,099170,099180 at par cost Rs. 51522/- Do 7 All L& M for all items of Ch. 10 (Roof & Ceiling) of SOR/2010 except item No. 105010,105020,105110 to 105150,106080,106090,106160,107010 to 107130,109010 to 109020,109030,109160,109310 par cost Rs. 7287/- Do 8 All L& M for all items of Ch. 11 (Finishing Masonry) of SOR/2010 at par cost Rs. 47703/- Do 9 All L& M for all items of Ch. 12 (Painting, Polishing and Vanishing) of SOR/2010 at par cost Rs. 3265/- Do 10 All L& M for all items of Ch. 13 (Water Supply) of SOR/2010 at par cost Rs. 9834/- Do 11 All L& M for all items of Ch. 15 (Sanitary Installations) of SOR/2010 except item No. 151300 at par cost Rs. 9394/- Do ( SH III) Partition of running room at Haridwar under ADEN/Roorkee. Item No. Description of items (Part-C, SOR items) Unit Rates in fig. & words 1 All work included in item no. 082010, 082011 & 082022 of Ch. 8 (Steel & Aluminum Work) of SOR/2010 at par cost Rs. 108298/- %age above /below/ at par 2 All work included in item no. 095026 of Ch. 9 (Flooring, Paving and Dado) of SOR/2010 at par cost Rs. 79294/- Do 3 All work included in item no. 252030 of Ch. 25 (Supply of Materials) of SOR/2010 at par cost Rs. 5980/- Do NOTE: 1. For each SOR Chapter the contractor is to quote the rates in %age above/below/at par both in words and in figures in the box provided against each item separately. 2. In case there is a difference in value written in words and figures, the value written in words will be considered. 3. The rates will be inclusive of octroi, sales tax, excise duty and any other tax levied/ livable by Central/State Govt. Nothing extra will be payable beyond quoted rates. 4. The contract will be governed by Northern Railway Engineering Department General Condition of Contract,1999 and instructions of tenders including slips issued upto date of opening. 5. Tender will be considered invalid if any page left unsigned or found missing. 6. The quantities given above are approximate and can be increased/decreased to extent of 25% as per the requirement of Railway Administration. Signature of the tenderer(s) Address with Pincode & Ph No. -7- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer TENDER FORM (FIRST SHEET) The President of India, Acting Through Sr. Divl. Engineer, Northern Railway, Moradabad 1. I/We ____________________________________________________ have read the various conditions to tender attached here to and hereby agree to abide by the said conditions. I/We also agree to keep this tender open for acceptance for a period of 90 days from the date fixed for opening the same and in default thereof I/We will be liable for forfeiture of My/Our Earnest Money. I/We offer to do the work _________________________________________________________________________________ __________________________________________________________________________________ ________________________________________________________________ for Northern Railway at the rates quoted in the attached schedule and hereby bind myself / ourselves to complete the work in all respects within (_______ months) from the date of issue of letter of acceptance of tender. 2. I/We also hereby agree to abide by the General Condition of Contract-1999 corrected up to date and to carry out the work according to the Special Conditions of Contract and specifications for material and works as laid down by the Railway in the annexed Special Conditions/specifications and the Indian Railway Works Manual/Indian Railway P.Way Manual/Indian Railway Bridge manual corrected up to date, Schedule of Rates corrected up to date for the present contract, etc. 3. A sum of Rs.______/- (Rs. ______________ only) as indicated in Tender Notice is herewith forwarded as Earnest Money. The full value of the Earnest Money shall stand forfeited without prejudice to any other rights or remedies in case my/our tender is accepted and if: - I/We do not execute the contract documents within Fifteen days after receipt of the acceptance letter issued by the Railway that such documents are ready; and I/We do not commence the work within Fifteen days after receipt of orders to that effect. I/We resile from my/our offer or modify the terms and conditions there of in a manner not acceptable to Northern Railway during a period of 90 days from date of the opening of the tender. I/We do not submit a Performance Guarantee in the form as prescribed in para 5.3 of Special Tender Conditions & Instructions to Tender/s amounting to 5% (Five percent) of Contract Value as per the proforma as prescribed by the Railways, before signing of agreement, which should be normally about 15 days. 4. The amount of Earnest Money in the form of cash lodged with Chief Cashier, Northern Railway, Moradabad vide Cash Receipt No. _______ Dated _______ or deposited in the form of Pay Order, Deposit Receipts, Demand Drafts is attached. I/We have clearly noted that the Earnest Money will be acceptable in the above forms only. 5. Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a binding contract between us subject to modification, as may be mutually agreed to between us and indicated in the letter of acceptance of my/our offer for this work. Signatures of the Tenderer/s Address of the Tenderer/s Dated: Signature of witnesses: 1. __________________________ __________________________ 2. _______________________ -8- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer ENGINEERING DEPARTMENT SPECIAL TENDER CONDITIONS AND INSTRUCTIONS TO TENDERER/S 1.0 DETAILS OF WORK: 1.1 Tenders are invited for the work AS ON TOP SHEET. 2.0 TENDER DOCUMENTS 2.1 SUBMISSION OF TENDERS. 2.1.1 The tender documents consist of (a) Tender Notice, (b) Tender form (First sheet) (c) Special Tender Conditions and Instructions to tenderer/s (d) Special Conditions relating to site data and specifications (e) Schedule of Items, Rates, and Quantities. These must be submitted as directed in the covering note failing which the tender is liable to be rejected. 2.1.2 Tender documents can be had from the office of Senior Divisional Engineer, Northern Railway, Moradabad-244001 on any working day between 10.00 hrs to 15.00 hrs after publication of tender notice in newspaper by depositing the requisite tender cost. If required by post Rs.500/- extra (non- refundable) through demand draft in favour of Sr. Divl. Finance Manager, Northern Railway, Moradabad shall be required to be paid. No tender form will be issued on application received after 12.00 hours on the same day (date of tender opening). The cost of tender documents is non-refundable and tender documents are not transferable. 2.1.3 Tender Documents through Internet: (a) Tender documents are available on Northern Railway web site i.e. www.nr.indianrailways.gov.in and the same can be downloaded and used as tender document for submitting the offer. This facility is available free of cost. However the cost of tender documents as indicated above in para 2.1.2 will have to be deposited by the tenderer in the form of cash receipt/bank draft payable in favour of Sr. Divl. Finance Manager, Northern Railway, Moradabad along with the tender document. This should be paid separately & not included in the Earnest Money. In case, tender is not accompanied with the cost of the tender documents as detailed above, tender will be summarily rejected. (b) Tenderer/s are free to down load tender at their own risk & cost, for the purpose of perusal as well as for using the same as tender document for submitting their offer. Master copy of tender document will be available in the office of Sr. Divisional Engineer/Divisional Engineer, DRM Office, Moradabad. After award of work, an agreement shall be drawn up. The agreement shall be prepared based on Master copy and not based on the tender document submitted by tenderer. In case of discrepancy between tender documents down loaded from internet and master copy, later shall prevail and will be binding on tenderer/s. No claim on this account will be entertained. 2.1.4 These tender documents must be submitted duly completed in all respects, in a sealed cover superscripted as tender form for the work As on top sheet" and should be deposited in the Tender Box in the office of the Senior Divisional Engineer, Northern Railway, ________________ _____ in the office of DRM, Northern Railway, , Moradabad on or before up to 16.00 hrs. on __________. The tenders will be opened immediately soon thereafter and rates read out in the presence of such tenderer/s as is/are present. Tenders, which are received after the time and date specified above, may not be considered. In case the intended date for opening of tenders is declared holiday, the tenders will be opened on the next working day at the same time. Special conditions, if any, should be attached (tied with tag/thread properly) with the tender documents only. No loose document, found in the tender box, shall be considered, in any case. 2.1.5 Tenders sealed and superscripted as aforesaid can also be sent by registered post addressed to the Senior Divl. Engineer or DRM/Engg. Northern Railway, Moradabads office on or before up to 16.00 hrs. on _________ but a tender which is received after the time and date specified in Clause 2.1.4 above may not be considered. Any tender delivered or sent otherwise will be at the risk of the tenderer/s. -9- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer 2.2 COMPLETION OF TENDER DOCUMENTS: The tenderer/s shall quote one uniform percentage rate/s, in figures as well as in words, for all labour and materials for individual chapter/Group of items of SOR of Group A schedule items and single %age rates above or below or At Par the estimated cost of all N.S. items grouped together in Group B and C in the attached Schedule of Rates and Quantities. Every possible fluctuation, in the rate of labour, material and general commodities and other possibilities of each and every kind which may effect the rates should be considered and kept in view before quoting the rates and no claim on this account shall be entertained by the Railway under any circumstances except the price escalation payable as per price variation clause, if any, provided separately in the tender documents. 2.2.1 The rate/s should be quoted in figures as well as in words. If there is variation between the rates quoted in figures and in words, the rate quoted in `words' shall be taken as correct. If more than one or improper rates are tendered for the same item, the tender is liable to be rejected. 2.2.2 In case of single percentage tenders if the tenderer/s quote/s multiple rates, the offer will be treated as incomplete and shall be summarily rejected. 2.2.3 Each page of the tender papers is to be signed and dated by the tenderer/s or such person/s on his/their behalf who is/are legally authorized to sign for him/them. 2.2.4 Tenders containing erasures and alterations of the tender documents are liable to be rejected. Any corrections made by the tenderer/s in his/their entries should be in INK and must be attested by him/them under full signature and date. 2.2.5 Additional conditions or stipulations if any must be made by the tenderer/s in a covering letter with the tender. The Railway reserves the right not to consider conditional tenders and reject the same without assigning any reason. Only those additional conditions, which are explicitly accepted by the Railway, shall form part of the contract. Tender documents should be submitted in sealed cover superscribing the name of work and date of opening. Special conditions, if any, should be attached (tied with tag/thread properly) with the tender documents only. No loose document, found in the tender box, shall be considered, in any case. 2.2.6 Partnership deed, Power of Attorney etc: The tenderer shall clearly specify whether the tender is submitted on his own or on behalf of a partnership concern. If the tender is submitted on behalf of partnership concern, he should submit along with the tender the certified copy of partnership deed and power of attorney as specified in para 8 of Annexure K-2 of the tender documents. If these documents are not enclosed along with tender documents, the tender will be treated as having been submitted by individual signing the tender documents. The Railway will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. Para 5 of annexure K-2 specifies the action to be taken in such matters. The cost of such action, including legal advice will be chargeable to the contractor. 2.3 CREDENTIALS TO BE SUBMITTED ALONGWITH TENDER/S: 2.3.1 Tenderer/s should enclose documents and certificates to show that he/they has/have satisfactorily carried out works of the type involved in the construction of the work being tendered for. He/They should also produce proof to the satisfaction of the Railway of his/their technical ability and financial stability to undertake the work of the magnitude tendered for. 2.3.2. No work or supply shall ordinarily be entrusted for execution to a contractor whose capacity and financial status has not been investigated and found satisfactory. 2.3.3 The tenderer/s shall submit the following documents along with his/their tender a. A list of personnel, organization available on hand and proposed to be engaged for the subject work. b. List of plant and machinery available on hand (own) and proposed to be inducted (own & hired to be given separately) for the subject work. -10- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer c. List of works completed in the last three financial years giving Description of work, Organization for whom executed, Approximate value of the contract at the time of award, Date of award and Date of actual start, Actual completion and Final value of contract should be given. d. List of works on hand indicating description of work, contract value, and approximate value of balance work yet to be done and date of award. Note: (i) In case of items (c) and (d) above, supportive documents / certificates from the organizations with whom they worked/are working should be enclosed. (ii) Certificates from the private individuals for whom such works have been executed/being executed shall not be accepted. 2.3.4 CREDENTIALS TO BE SUBMITTED BY TENDERER/S IN ADDITION TO THAT DETAILED IN PARA 2.3 ABOVE ALONGWITH TENDER DOCUMENTS (APPLICABLE ONLY FOR WORKS COSTING MORE THAN Rs.50.0 LACS) In case of open tenders costing above Rs. 50 lakh, the tenderer/s will be required to meet the following minimum eligibility criteria:- (a) As a proof of technical experience/competence, the tenderer should have physically completed successfully at least one similar single work for a minimum value of 35% of advertised tender value, inclusive of the cost of cement and steel, in last three financial years (i.e. Current year and three previous years) up to the date of opening of the tender. (b) As a proof of sufficient financial capacity and organizational resources, tenderer/s should have received the total payments against satisfactory execution of all completed/ongoing works of all types (not confined to only similar works) during the last three financial years and in the current financial year (upto the date of opening of the tender) of a value not less than 150% of the advertised cost of work including the cost of cement and steel. (c) The tender committee shall examine the overall financial soundness of the tenderers based upon volume of work handled turnover, balance sheets etc for all works of tender values costing more than Rs.1.00 Crore. The Similar nature of work is defined in tender notice/tender schedule. (a) When work has been physically completed and final bill is yet to be passed, the value of the work for judging the eligibility criteria, will be considered as under:- Cases where measurements have not been recorded or final measurements have been recorded with negative variation, the value of the work will be taken as amount paid including statutory deductions. Cases where measurements have been recorded and the work has been completed with positive variation but variations have not been sanctioned, the value of the work will be taken as original contractual value. (b) In case of composite works involving combination of different works, even separate completed works of required value should be considered while evaluating the eligibility criteria. For example, in a tender for bridge works where similar nature of work has been defined as bridge works with pile foundation and PSC superstructure, a tenderer, who had completed one bridge work with pile foundation of value at least equal to 35% of tender value and also had completed one bridge work with PSC superstructure of value at least equal to 35% of tender value, will be considered as having fulfilled the eligibility criterion of having completed single similar nature of work. For judging the technical eligibility and financial capability only those works which had been executed for the Govt. or Semi Govt. organizations shall be considered and the tenderer will submit the certificate to this effect from the officer concerned duly signed under the official seal. It should be noted that credentials for the works executed for Private Organizations shall not be considered. The tenderer/s/contractor shall submit a statement of contractual payment received during the last three financial years and current year on the prescribed proforma as detailed at Annexure-I. The details -11- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer shall be based on the certificate issued by the employer and or form 16-A issued by employer i.e. the certificate of deduction of tax at a source under Section 203 of the Income Tax Act, 1961. The photocopies of the certificate of payments and or form 16A shall be enclosed duly attested by Notary public with seal and Notaries stamps thereon. (i) If a tenderer has completed a work of similar nature where cement and steel was issued by department free of cost, tenderer must submit the completion certificate indicating cost of these materials and total cost of work (including cost of cement/steel) shall be considered to decide eligibility or otherwise- (ii) Contractor has to satisfy the eligibility criteria for technical capability and competence as well as for financial capacity and organizational resources. 2.4 CONSTITUTION OF THE FIRM: 2.4.1 The tenderer/s who are constituents of firm, company, association or society must forward attested copies of the constitution of their concern, partnership deed and power of attorney with their tender. Tender documents in such cases are to be signed by such persons (as may be legally competent to sign them on behalf of the firm, company, association or society as the case may be). Co- operative societies must likewise submit an attested copy of their certificate of registration along with the documents as above mentioned. The Railway will not be bound by any power of attorney granted by the tenderer/s or by changes in the composition of the firm made subsequent to the award of the contract. Para 5 of annexure K-2 specifies the action to be taken in such matters. The cost of such action, including legal advice will be chargeable to the contractor. (a) JVs/Consortiums/MOUs will be considered in accordance with Tender Notice/approved tender conditions. (Annexure K, & K1 of tender document). (b) If the tenderer is a Partnership Firm, the conditions and the technical and financial eligibility criteria will be applicable as per guidelines given in Annexure K-2. 2.4.2 (a) If the tenderer expires after the submission of his tender or after the acceptance of his tender, the railway shall deem such tender/contract as cancelled. In a partnership firm, if a partner of firm expires after the submission of their tender the Railway shall deem such tender as cancelled unless the firm retain its character. (b) If the contractors firm is dissolved on account of death, retirement of any partners or for any reason whatsoever, before fully completing the whole work or any part of it, undertaken by the principal agreement the surviving partners shall remain jointly/severally and personally liable to complete the whole work to the satisfaction of the Railway and to pay compensation for losses sustained, if any by the Railway due to such dissolution. The amount of such compensation shall be decided by Divl. Railway Manager or any other competent person on behalf of the Railway and his decision in the matter shall be final and binding on the contractor. (c) The cancellation of any document such as power of attorney, partnership deed etc., shall forthwith be communicated to the Railway in writing, failing which the Railway shall have no responsibility or liability for any action taken on the strength of the said documents. (d) The value of contract and the quantities given in the attached schedule of items, rates and quantities are approximate and are given only as a guide. These are subject to variations/additions and or omission. The quantum of work to be actually carried out shall not form the bases of any dispute regarding the rates to be paid and shall not give rise to claim for compensation on account of any increase or decrease either in the quantity or in the contract value. 2.5 INCOME TAX: 2.5.1 Under Section 194-C of the Income Tax Act 1961 deduction of 2% plus surcharge as applicable on Works Contract will be made for sums paid for carrying out the work under this contract. In case of supply contract for ballast, deduction of 2% (Two Percent) Income tax will be made for the sums paid for labour portion only (i.e., loading, unloading, stacking, measurement and laying etc.) -12- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer 3.0 EARNEST MONEY: 3.1 The tender must be accompanied by a sum of Rs.______/- (Rs. ______ _______ only) based on % age (shown in Table below) of the Advertised tender cost as indicated in Tender Notice as Earnest Money in the manner prescribed in Clause 3.2 failing which the tender shall be summarily rejected. The earnest money shall be rounded to the nearest Rs.10. Value of the work (Tender Value) EMD For works estimated to cost upto Rs. 1 crore 2 % of the estimated cost of the work. For works estimated to cost more than Rs. 1 crore Rs. 2 lakhs plus % (half percent) of the excess of estimated cost of work beyond Rs.1 crore subject to a maximum of Rs.1 crore. Labour co-operative is required to deposit only 50% of the earnest money as referred to in clause 3.1 above. The tenderer/s shall keep the offer open for a period of 90 days from the date of opening of the tender in which period tenderer/s cannot withdraw his/their offer subject to period being extended further, if required, by mutual agreement from time to time. It is understood that the tender documents have been sold/issued to the tenderer/s & tenderer/s is/are being permitted to participate in the tender in consideration of stipulation on his/their part that after submitting his/their offer he/they will not resile from his/their offer or modify the terms and conditions thereof in a manner not acceptable to Northern Railway should the tenderer/s fail to observe to comply with the foregoing stipulation or fail to undertake the contract after acceptance of his/their tender the entire amount deposited as earnest money for the due performance of the stipulation and to keep the offer open for the specified period, shall be forfeited to the Railway. If the tender is accepted, the amount of earnest money will be held as initial security deposit for due and faithful fulfilment of the contract. The earnest money of unsuccessful tenderer/s will, save as herein before provided, be returned within a reasonable time, but Railway shall not be responsible for any loss or depreciation that happen to the earnest money while in Railway possession nor will it be liable to pay interest thereon. 3.2 The Earnest Money of the requisite amount referred to in Clause 3.1 above is required to be deposited either in cash with the Chief Cashier, Northern Railway, Moradabad on any working day before 14.00 Hrs. or in any of the following form: - (i) The Earnest Money should be in cash or in the form of deposit receipts, pay orders or demand drafts executed by State Bank of India or any of the Nationalized Banks or by a Scheduled Bank. (ii) These must have an endorsement from the authority issuing such DR/Pay Order /DD that received from M/s/Shri .& pledged in favour of Sr.DFM, Northern Railway, Moradabad. (iii) Exemption of Earnest Money & Security Deposit: Public Sector Undertakings wholly owned by Railways like RITES, IRCON, Konkan Railway Corporation Limited, CRIS, Rail-Tel Corporation etc. are exempted from depositing Earnest Money & Security Deposit. The official cash receipts having a mention of the firm/individual who has deposited the cash or the Deposit Receipt, Pay Order or Demand Draft as mentioned above, as the case may be, is to be attached with the tender, failing which, tender will be rejected. 3.2.1 Earnest Money may be accepted in the following forms: (i) A deposit of cash, (ii) Government Securities including State Loan Bonds at 5 percent below the market value, -13- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer (iii) Deposit Receipts, Pay Orders, Demand Drafts either of the State Bank of India or of any of the Nationalized Banks, (iv) Deposits Receipts tendered by all Scheduled Banks, (v) A Deposit in the Post Office Saving Bank, (vi) A Deposit in the National Savings Certificates, (vii) Twelve years National Defence Certificates, (viii) Ten years Defence Deposits, (ix) National Defence Bonds, NOTE:- i. Tenders submitted with Earnest Money in any form other than those specified above shall not be considered. ii. Any request for recovery from outstanding bills for earnest money against present tender will not, under any circumstances, be entertained. iii. No interest will be payable upon the Earnest Money and Security Deposit or amounts payable to the contractor under the Contract. 4.0 ACCEPTANCE OF TENDER: 4.1 If the tenderer/s deliberately give/s a wrong information/whose credentials/documents in his/their tender and thereby creates/create circumstances for the acceptance of his/ their tender, Railway reserves the right to reject such tender at any stage, besides, shall suspend the business for one year. 4.2 The authority for acceptance of the tenders rests with C.E/DRM/ADRM/Sr.DEN, Northern Railway as the case may be, who does not undertake to assign reasons for declining to consider any particular tender or tenders. He also reserves the right to accept the tender in whole or in part or to divide the tender amongst more than one tenderer if deemed necessary. 4.3 The successful tenderer/s shall be required to execute an agreement with the President of India acting through the C.E/DRM/ADRM/ Sr.DEN for carrying out of the work as per agreed conditions. The cost of stamp, if any, for the agreement will be borne by the Northern Railway. 4.4 The contractors operations and proceedings in connection with the works shall at all times be conducted during the continuance of contract in accordance with the laws, ordinance, rules and regulations for the time being in force and the contractor shall further observe and comply with the bye-laws and regulations of the Government of India, State Govt. and of Municipal & other authorities having jurisdiction in connection with the works or site and operations such as these are carried out by the contractor/s and shall give all notice required by such bye-laws and regulations. The Hospital and medical regulations in force for the time being shall also be complied with by the contractor/s and his workmen. 4.5 The contractor shall be responsible for the observance of the rules and regulations under the mines act and mineral rules and Indian Metallurgical rules and regulations of State/Central Govt. concerned as amended from time to time. 4.6 Contractor shall at all times keep the railway administration indemnified against all penalties that may be imposed by the Govt. of India or State Govt. for infringements or any of the clauses of the mines act and rules made there under in respect of quarries from which the ballast for these works is procured. The tenderer/s shall not increase his/their rate in case the Railway Administration negotiates for reduction of rates. Such negotiations shall not amount to cancellation or withdrawal of the original offer and rates originally quoted will be binding on the tenderer/s. The tenderer/s shall submit an analysis of rates if called upon to do so. Non-compliance with any of the conditions set forth herein is liable to result in the tender being rejected. -14- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer 4.7 Variation in quantity: 4.7.1 The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts:- 1. Individual NS items in contracts 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. 2. In case an increase in quantity of an individual item by more than 25% of the agreement quantity is considered 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 agreement quantity subject to the following conditions: (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 upto 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 upto 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 will apply only to the Individual items of the contract and not on the overall contract value. (c) Execution of the quantities beyond 150% of the overall agreemental value should not be permitted and, if found necessary, should be only through fresh tenders or by negotiating with existing contractor, with prior personal concurrence of FA&CAO/FA&CAO(C) and approval of General Manager. 3. In cases where decrease is involved during execution of contract: (a) The contract signing authority can decrease the items upto 25% of individual item without finance concurrence. (b) For decrease beyond 25% for individual items or 25% of contract agreement value, the approval of an officer not less than rank of S.A. 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. (c) It should be certified that the work proposed to be reduced will not be required in the same work. 4. 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 an item whose original agreement value is less than 1% of the total original agreement value. 5. No such quantity variation limit shall apply for foundation items. 6. As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as a whole and not on individual 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). 7. For the tenders accepted at Zonal Railways level, variations in the quantities will be approved by the authority in whose powers revised value of the agreement lies. 8. For tenders accepted by General Manager, variations upto 125% of the original agreement value may be accepted by General Manager. 9. For tenders accepted by Board Members and Railway Minister, variations upto 110% of the original agreement value may be accepted by General Manager. -15- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer 10. 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 of the competent authority as per single tender should be obtained. 5.0 SECURITY DEPOSIT ON ACCEPTANCE OF TENDER: 5.1 The security deposit/rate of recovery/mode of recovery on acceptance of tender shall be as under:- a) The security deposit for each work will be 5% of the contract value, b) The rate of recovery will be at the rate of 10% 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 security deposit such as security deposit in the form of instruments like BG, FD etc. shall be accepted towards security deposit. The total security deposit recoverable from a contractor including the amount of earnest money deposited with the tender as given in Clause above will not exceed the security amount recoverable at the rates mentioned above. The security deposit unless forfeited in whole or in part according to the terms and conditions shall be returned to the contractor after expiry of the maintenance period and after passing the final bill based on no claim certificate as certified by the competent authority. The competent authority shall normally be the authority who is competent to sign this contract. If the competent authority is of the rank lower than JA grade, then a JA Grade Officer (concerned with the work) should issue the certificate. The certificate, inter alia, should mention that the work has been completed in all respects and that all the contractual obligations have been fulfilled by the contractors 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. 5.2 (a) After the work is physically completed, Security deposit recovered from the running bills of a contractor can be returned to him if he so desires, in lieu of FDR/irrevocable Bank Guarantee for equivalent amount to be submitted by him. (b) In case of contracts of value Rs. 50 crore and above, irrevocable Bank Guarantee can also be accepted as a mode of obtaining security deposit. 5.3 Performance Guarantee:- The procedure for obtaining Performance Guarantee outlined below: - 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 31 st 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. 5.4 The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms amounting to 5% of the contract value: -16- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer (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. (xii) Also, FDR in favour of Sr. DFM/NR/MB (free from any encumbrance) may be accepted. Note: The instruments as listed above will also be acceptable for Guarantees in case of Mobilization Advance. A 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. 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. The Performance Guarantee (PG) shall be released after the physical completion of the work based on the 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 the expiry of the maintenance period and after passing the final bill based on No Claim Certificate. Wherever 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 and cost of the failed contractor. The failed contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is a JV or a partnership firm, then every member/partner of such a firm shall be debarred from participating in the tender for the balance work either in his/her individual capacity or as a partner of any other JV/partnership firm. 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 services 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. -17- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer 6.0 CONDITIONS OF CONTRACT AND SPECIFICATIONS: 6.1 Except where specifically stated otherwise in the tender documents the work is to be carried out in accordance with (i) Northern Railway General Conditions of Contract Regulations and Instructions for tenderer/s and standard form of Contract 1999 (ii) Northern Railway Standard Schedule of Rates 1996 and (iii) Northern Railway Standard Specifications for Material and Works 1987 with up to date correction slips. Copies of all these publications can be obtained from the office of Chief Engineer, Northern Railway, Baroda House, Moradabad on payment as under: - i) General Conditions of Contract and regulations and instructions to tenderer/s standard form of contract 1999 Rs.100/- ii) Northern Railway Standard Specifications for Material and Works 1987 Rs.70/- iii) Northern Railway Standard Schedule of Rates 1996 Rs.200/- Demand for these publications from out station will be considered only if a sum of Rs.50/- towards postal charges is also sent with the cost of the books by money order. 6.2 The tender documents referred to in clause 2.1.1 above will govern the works done under this contract in addition to documents referred to in clause 6.1 above. Where there is any conflict between special tender conditions regarding instructions to tenderer/s, special conditions relating to site data and specifications and the stipulations contained in the schedule of rates and quantities on the one hand and the Northern Railway Standard Specifications for Materials and Works 1987 the General Conditions of Contract, 1999 etc. and the Standard Schedule of Rates of 1996 on the other hand the former shall prevail. 7.0 STUDY OF DRAWINGS AND LOCAL CONDITIONS: 7.1 The drawings for the works can be seen in the office of the Sr. Divisional Engineer/Northern Railway, Moradabad. It should be noted by tenderer/s that these drawings are meant for general guidance only and the Railway may suitably modify them during the execution of the work according to the circumstances without making the Railways liable for any claims on account of such changes. 7.2 The tenderer/s is/are advised to visit the site of work and investigate actual conditions regarding nature and conditions of soil, difficulties involved due to inadequate stacking space, due to built up area around the site, availability of materials water and labour probable sites for labour camps, stores, godowns, etc. They should also satisfy themselves as to the sources of supply and adequacy for their respective purpose of different materials referred in the specifications and indicated in the drawings. The extent of lead and lift involved in the execution of works and any difficulties involved in the execution of work should also be examined before formulating the rates for complete items of work described in the schedule. 7.3 Fencing at work site: Contractor(s) while executing the work of gauge conversion/doubling, yard remodelling etc. shall provide suitable fencing/barricading to protect/segregate the existing Railway line from any damage and un-toward incident, as per the directions or plan approved by Engineer-in-charge. The payment of barricading/fencing shall be paid under the relevant N.S. item as given in the Schedule. No work will be started till the fencing/barricading is provided and clearance in writing is issued by the Engineer-in-charge. Suitable gates/barriers should be installed across the new embankment, preferably adjoining the manned/unmanned level crossings. The entry for the vehicles should be regulated by an authorized representative of the Engineer-in-charge during the working hours. 7.4 Safety Gear: During execution of the work, contractors shall ensure that all safety precautions are taken by their men to protect themselves and site to prevent any untoward incident. In this regard contractor will ensure that adequate number of safety helmets, safety belts, safety jackets with reflective arm band, rope; ladders emergency light etc. are available at site before the work is actually started. The above -18- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer list is only indicative and is not exhaustive and safety item will be arranged as per the requirement. Railway reserve the right to stop the work in the absence of proper safety gear and no claim shall be entertained in this regard. Decision of the Engineer-in-charge will be final and binding upon the contractor. The cost of all the safety gear is deemed to have been included in the rates quoted and nothing extra is payable under this contract. 8.0 PERIOD OF COMPLETION: 8.1 The entire work is required to be completed in all respects within period as mentioned in tender notice from the date of issue of the acceptance letter/telegram. Time is the essence of contract. The contractor/s will be required to maintain speedy and required progress to the satisfactions of the Engineer to ensure that the work will be completed in all respects within the stipulated period failing which action may be taken by the Railway Administration in terms of Clause 17 and/or Clause 62 of the General Conditions of Contract 1999. 8.2 The contractor/s shall arrange to execute the different items of works in close consultation with and as per directions of the Engineer so that other works being executed in the same area either departmentally or through another agency such as steel erection, P. Way earthwork in formation, etc. are also progressed concurrently. It may be noted, however, that any delay in the execution of departmental works, for whatsoever reason shall not be accepted as an excuse for non-performance of the contract. 8.3 The contractor/s will be required to give Sr. Divisional Engineer a monthly progress report of the work done during the month on 4 th of the following month. He will also give to the Sr. Divisional Engineer the programme of work to be done in coming month by 25 th of the preceding month. The programme will be subject to alteration or modifications at the direction of the Chief Engineer/DRM/ADRM/Sr.DEN/ADEN, who may discuss such modifications or alterations with the contractor as considered necessary. Approval of any programme shall not in any way relieve the contractor from any of his obligations to complete the whole of the work by the prescribed time or extended time, if any. 8.4 Price Variation Clause: 8.4.1 The rates quoted by tenderer and accepted by Railway Administration shall hold good till the completion of the work and no additional individual claim will be admissible on account of fluctuation in market rates, increase in taxes/ any other levies/- tolls etc. except that payment/recovery for overall market situation shall be made as per price variation clause given in para below: 8.4.2 No cognizance will be given for any sort of fluctuations in taxes and other market conditions etc. for any individual item for the purpose of making adjustment in payments. The contact shall, however, be governed by the general price variation clause as under: 8.4.3 Adjustment for variation in prices of material, labour, fuel, explosives, detonators shall be determined in the manner prescribed below: 8.4.4 The percentage component of various items in a contract on which variation in prices shall be admissible shall be:- Material component = % Labour component = % [To be specified depending upon the type of the work] Explosives component = % Detonators component = % Fuel component = % For Fixed component = % (No price variation will be admissible for this) The above weight age will be applied on the value arrived at after deducting the cost of steel and cement from the total contract value. -19- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer 8.4.5 (A-1) The amount of variation in prices in the several components (labour, material etc) shall be worked out by the following formulae (except cost of steel and cement supplied by contractor as a separate NS item):- (i) L = R x (I-IO) X P IO 100 (ii) M = R x (W-WO) X Q WO 100 (iii) U = R x (F-FO) X Z FO 100 (iv) X = R x (DE-DO) X S EO 100 (v) N = R x (D-DO) X T DO 100 L Amount of Price Variation in Labour M Amount of Price Variation in Materials U Amount of Price Variation in Fuel X Amount of price variation in Explosives N Amount of price variation in Detonators R Gross value of the work done by the contractor as per on account bill(s) excluding (i) Cost of materials supplied by Railways at fixed price (ii) Cement and steel provided by the contractor for which separate PVC formulae is given in clause no. 8.4.6(A-III) and clause no.8.4.6( A-II). (iii) Specific payment, if any, to be made to the consultants engaged by the contractors (such payment will be indicated in the contractors offer). IO = Consumer Price Index Number for Industrial Workers All India as Published in RBI Bulletin for the base period. I = Consumer Price Index Number for industrial Workers All India- as published in RBI Bulletin based on the average price index of the three months of the quarter. WO = Index Number of wholesale Prices By Groups and sub-groups All commodities as published in the RBI Bulletin for the base period. W = Index Number of wholesale Prices BY groups and sub groups All commodities as published in the RBI Bulletin based on the average price index of the three months of the quarter. FO = Index Number of wholesales Prices By Groups and sub-Groups for Fuel, Power, Light and Lubricants as published in the RBI Bulletin for the base period. -20- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer F = Index Number of wholesale Prices By Group and sub-groups for Fuel, Power, Light and Lubricants as published in the RBI Bulletin based on the average price index of the three months of the quarter EO = Cost of explosives as fixed by DGS & D in the relevant rate contract of the firm from whom purchases of explosives are made by the contractor for the base period. E = Cost of explosive as fixed by DGS & D in the relevant rate contract of the firm from whom purchases of explosives are made by the contractor for the first month of the quarter under consideration. DO = Cost of detonators as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of detonators are made by the contractor for the base period. D - Cost of detonators as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of detonators are made by the contractor for the first month of the quarter under consideration. P = % of labour component Q = % of material component Z = % of fuel component S = % of explosive component T = % of detonators component NOTE :- 1. The Price Variation Clause shall be applicable for tenders of value more than Rs fifty lakh irrespective of the contract completion period and PVC shall not be applicable to the tender of value less than Rs fifty lakh. 2. Price variation is payable/recoverable during the extended period of contract, provided the Price Variation Clause was part of the original contract and the extension has been granted on administrative ground i.e. under Clause 17-A (i), (ii) and (iii) of GCC. 3. No maximum value for the price variation is prescribed. 4. If, in any case, the accepted offer includes (i) Cost of materials supplied by Railways at fixed price. (ii) Cement and steel provided by the contractor for which separate PVC formulae is given in clause no. 8.4.6 A(III) and clause no.8.4.6A(II). (iii) Specific payment, if any, to be made to the consultants engaged by the contractors (such payment will be indicated in the contractors offer). Such payments would be excluded from the gross value of the work for purpose of payment/ recovery of variations. 5. The index number for the base period will be the index number as obtained for the month of opening of the tender and the quarters will commence from the month following the month of opening of tender. However, if the rates quoted in negotiated tender are accepted, the base month for the price variation clause is the month in which negotiations are held. -21- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer 6. The adjustment for variation in prices if required shall be made once every quarter in the on- account payments, if more than one on-account payment is made to the contractor in a quarter, the adjustment, if required shall be made in each bill. 7. The price variation should be based on RBIs average price index of the 3 months of the quarter. 8. The demands for escalation of the cost may be allowed on the basis of provisional indices made available by the Reserve Bank of India. Any adjustment needed to be done based on the finally published indices is to be made as and when they become available. 9. The weightage would be applied on the value arrived at after deducting the cost of steel and cement from the total contract value. 10. The price variation implies both increase as well as decrease in input prices and, therefore price variation during the currency of the contract may result in extra payment or recovery as the case may be. Statement showing the percentage of Labour Components, Material Components, Fuel Components, etc. in various types of works. (a) Earthwork Contract Labour component 50% Fuel component 20% Other material components 15% Fixed component 15% * (b) Ballast and Quarry Products Contracts Labour component 55% Fuel component 15% Other material components 15% Fixed component 15%* (c) Tunneling Contracts Labour component 45% Fuel component 15% Explosive component 15% Detonators component 5% Other material components 5% Fixed component 15%* (d) Track Renewal Works or Works with Contractors Portal Cranes Labour component 50% Fuel component 12.5% Other material components 12.5% Fixed component 25%* (e) Other works Contracts Labour component 30% Material component 25% Fuel component 15% Fixed component 30%* *Will not be considered for any price variation. -22- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer 8.4.6 (A-II) Price Variation in case of Steel supplied by the contractor This special Price Variation Clause will be applicable only on Iron and Steel supply items of tender schedule without value addition. The amount of variation for the component of supply of steel shall be adjusted (paid/recovered) by the following formulae :- Ms= Q(Bs-Bso) where Ms= Amount of price variation in steel payable/recoverable. Q= Weight of steel in tones supplied by the contractor as per the on account bill for the month under consideration. Bs= SAILs (Steel Authority of India Limited) ex-works price plus Excise Duty thereof (in rupees per tone) for the relevant category of steel supplied by the contractor as prevailing on the first day of the month in which the steel was purchased by the contractor (or) as prevailing on the first day of the month in which steel was brought to the site by the contractor whichever is lower. Bso= SAILs ex-works price plus Excise Duty thereof (in rupees per tone) for the relevant category of steel supplied by the contractor as prevailing on the first day of the month in which the tender was opened/rate negotiated. NOTE: 1. Relevant categories of steel for the purpose of operating the above price variation formula based on SAILs ex-works price plus Excise Duty thereof are as under:- SN Category of steel supplied in the Railway work Category of steel produced by SAIL whose ex-works price plus Excise Duty thereof would be adopted to determine price variation. 1 Reinforcement bars and other rounds. TMT 8 mm IS 1786 Fe 415/500 2 All types and sizes of angles. Angle 65x65 x 6 mm IS 2062 E250A SK 3 All types and sizes of plates. PM Plates above 10-20 mm IS 2062 E 250A SK 4 All types and sizes of channels and joints. Channels 200 x 75 mm IS 2062 E250A SK 5 Any other section of steel not covered in the above categories and excluding HTS. Average of price for the 3 categories covered under sl. No. 1, 2,and 3 above. 2. The prevailing ex-works price of steel per tone as on 1 st of every month for the above categories of steel as advised by SAIL to Railway Board would be circulated to all the Zonal Railways. 3. Separate items for supply of steel for RCC/PSC work should have been incorporated in the tender schedule to know the cost of steel actually consumed at any given point of time. 4. Price variation is payable/recoverable during the extended period of contract, provided the Price Variation Clause was part of the original contract and the extension has been granted on administrative ground i.e. under Clause 17-A (i), (ii) and (iii) of GCC. 5. No maximum value for the price variation is prescribed. 6. If, in any case, the accepted offer includes (i) Cost of materials supplied by Railways at fixed price. (ii) Value of steel, for which PVC is being paid/ recovered under this clause (iii) Specific payment, if any, to be made to the consultants engaged by the contractors (such payment will be indicated in the contractors offer). Such payments would be excluded from the gross value of the work for purpose of payment/ recovery of variations as per clause no. 28.5 A 1. 7. The SAILs Ex-work price plus Excise Duty there of (in Rupees per tone) for the relevant category of steel, as prevailing on first day of the month in which tender is opened, will be considered. However, if the rates quoted in negotiated tender are accepted, the base month for PVC will be the month in which negotiations are held. -23- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer 8. The adjustment for variation in prices, if required, shall be made every month in the on-account payments as per above formula. 9. The Engineer (not below the rank of ADEN) concerned will maintain a register showing receipt of steel from contractor on site (supported by documentary evidence of purchase) and consumption thereof. 10. The price variation implies both increase as well as decrease in input prices and, therefore price variation during the currency of the contract may result in extra payment or recovery as the case may be. 11. Steel supplied free or at firm price by Railway, as per contract, if any, will not be considered for calculation of PVC. 8.4.6(A-III) Price Variation in case of Cement supplied by the contractor This special Price Variation Clause will be applicable only on Cement supply items of tender schedule without value addition. 1. The amount of variation for the component of supply of cement shall be adjusted (paid/recovered) by the following formulae :- Where Mc= R x(Wc-Wco)/Wco Where Mc= Amount of price variation in material (-Cement). R= Value of Cement supplied by contractor as per on account bill in the quarter under consideration. Wco= Index No. of Wholesale price of sub-group (of cement) as published in RBI Bulletin for the base period. Wc= Index No. of wholesale price of sub group (of cement) as published in RBI Bulletin for the first month of the quarter under consideration. Note: 1. Separate items for supply of cement for RCC/PSC work should have been incorporated in the tender schedule to know the cost of cement actually consumed at any given point of time. 2. Price variation is payable/recoverable during the extended period of contract, provided the Price Variation Clause was part of the original contract and the extension has been granted on administrative ground i.e. under Clause 17-A (i), (ii) and (iii) of GCC. 3. No maximum value for the price variation is prescribed. 4. If, in any case, the accepted offer includes (i) Cost of materials supplied by Railways at fixed price (ii) Value of cement, for which PVC is being paid/ recovered under this clause (iii) Specific payment, if any, to be made to the consultants engaged by the contractors (such payment will be indicated in the contractors offer). Such payments would be excluded from the gross value of the work for purpose of payment/ recovery of variations as per clause no.28.5 A 1. 5. The index number for the base period will be the index number as obtained for the month of opening of the tender and the quarters will commence from the month following the month of opening of tender. However, if the rates quoted in negotiated tender are accepted, the base month for the Price Variation Clause is the month in which negotiations are held. 6. The adjustment for variation in prices, if required, shall be made once every quarter in the on-account payments, if more than one on-account payment is made to the contractor in a quarter, the adjustment, if required shall be made in each bill. 7. The price variation would be based on the price index of the first month of the quarter under consideration. 8. The demands for escalation of the cost may be allowed on the basis of provisional indices made available by the Reserve Bank of India. Any adjustment needed to be done based on the finally published indices is to be made as and when they become available. -24- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer 9. The price variation implies both increase as well as decrease in input prices and, therefore price variation during the currency of the contract may result in extra payment or recovery as the case may be. 10. Cement supplied free or at firm price by Railway, as per contract if any, will not be considered for calculation of PVC. 8.4.7 The demand for escalation of the cost shall be allowed on the basis of provisional indices made available by the RBI. Any adjustment needed to be done on the finally published indices is to be made as and when they become available. The above clause will be valid for the original period of completion as well as extended period of completion except the extension granted under clause 17 (B) of GCC- 1999. (as amended). 8.5 Interest Rate for Advances extended by Railways: The extant interest rate for advances extended by Railways to contractors fixed at 18% vide Boards letter No. 90/CE-I/CT/1, dated 21.05.1997 and advance correction slip issued under Boards letter No. F(X) II-97/PW/4, dt.5.5.98 has been downwardly revised as 12 %. The mobilization advance clause henceforth be restricted only to high value tenders of value Rs. 10 Crores and above each. Imposition of token penalty for delay in the completion of work: The existing clause 17(B) of GCC provides for recovery of liquidated damages from the contractor for delay in completion of work. While granting extension to the currency of the contract under clause 17(B) of GCC, Competent authority may also consider levy of token penalty as deemed fit based on the merit of the case. 9.0 RATES FOR PAYMENT: 9.1 The rates given in the attached schedule of rates tendered by the contractor and as accepted by the Railways will form the basis of payment for such items under this contract. 9.2 No material price variation or wages escalation on any account whatsoever the Compensation for `Force Majure' etc. shall be payable under this contract except price escalation payable as per price escalation clause, applicable for tenders of advertised value more than Rs.1.00 crore as prescribe in para 8.4 above. 9.3 The rates for any item of work not included in the (Schedule of Items, Rates and Quantities) and which the contractor may be called upon to do by Railway Administration shall be fixed by the supplementary written agreement between the contractor and the Railway before the particular item or items of work is/are executed. In the event of such agreement not being entered into and executed the Railway may execute these works by making alternative arrangements. Railways will not be responsible for any loss or damages on this account. 9.3.1 The contractor shall work in close co-operation with the contractors, departmental staff working in the adjacent sections of railway & local authorities. 9.4 It should be specifically noted by the tenderers that no separate loading, unloading and leading charges for materials (which are supplied by the Railway) shall be paid for by the Railways and the rates quoted by the tenderer/s shall be inclusive of all these charges. 9.5 The item nos., description, units and rates given in schedule of rates are as per Northern Railway Standard Schedule of Rates 1996 & any discrepancy during the execution of the work in the working rates, quantity and units etc. should be rectified by reference to the printed schedule of rates which be treated as authority & will be binding on the contractor. Should there arise any items which may be necessary for the completion of work but which does not appear in the Schedule of Items, Rates and Quantities attached with tenders, its rate will be fixed by analysis of actual inputs of all types including labour and material or derived from the labour and material rates given in the Northern Railway Standard Schedules of Rates 1996. The rates for such non-scheduled items occurring during the course of construction shall be payable subject to the approval of the competent authority. -25- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer No items or work requiring non-schedule rates will be carried out unless ordered to do so by the Engineer. The rates derived from the Northern Railway Standard Schedules of Rates 1996 will be subject to percentage above or below tendered by the contractor. 9.7 Payment for the work done will be made to the contractor only when the formal agreement has been executed between the parties. 9.8 SUPPLEMENTARY AGREEMENT: After the work is completed and taken over by the Railway as per terms and conditions of the contract agreement or otherwise concluded by the parties with mutual consent and full and final payment is made by the Railway to the contractor for work done under the contract the parties shall execute the supplementary agreement annexed here to as Annexure-B. 9.9 Measures to be taken in construction and repairs on roads, embankments, etc. 9.9.1 All borrow pits dug for and in connection with the construction and repairs of buildings, roads, embankments, etc. shall be deep and connected with each other in the formation of a drain directed towards the lowest level and properly sloped for discharge into a river, stream, channel or drain and no person shall create any isolated borrow pit which is likely to cause accumulation of water which may breed mosquitoes. 9.9.2 Non fulfilment of the provision in 9.9.1 above shall be a breach of the contract and contractor/s shall be liable to pay by way of agreed liquidated damages to the Railway at the rates of Rs.100/- for each breach and in addition to that contractor further undertake to pay the amount incurred by the Railway in getting the said job/s done at the risk and cost of the contractor. Besides this, the contractor will also be held responsible for any laws for contravening them. 10.0 SETTING OUT WORKS: 10.1 The contractor is to set out the whole of the work in consultation with the engineer or an official to be deputed by the Engineer and during the progress of works to amend on the requisition of the Engineer any errors, which may arise there in and provide efficient and sufficient staff and labour thereon. The contractor shall also alter or amend any errors in the dimensions, lines or levels to the satisfaction of the Engineer or his authorized representative without claiming any compensation for the same. 10.2 The contractor shall provide, fix and be responsible for maintenance of all stocks, templates, profiles, land marks, points, burjies, monuments, centre line pillars, reference pillars, etc. and shall take all necessary precautions to prevent their being removed altered or disturbed and will be responsible for the consequence of such removal, alterations or disturbance and for their efficient reinstatement. 10.3 The contractor shall protect and support, as may be required or as directed by the Engineer, all building, fences, walls, towers, drains, road paths, waterways, foreshores banks, bridges, Railway ground and overhead electric lighting, the telegraphs/ telephones and crossing water service Main pipes and cables and wires and altogether matters and things of whatever kind not otherwise herein specified other than those specified or directed to be removed or altered which may be interfered with or which likely to be affected disturbed or endanger by the execution completion of maintenance of the works and shall support provided under this clause to such cases as directed by the Engineer. No payment shall be made by the Railway to the contractor for these works on account of delay for re-arrangement of road traffic or in the contractor having to carry out the short lengths and in such places as per conditions and circumstances may warrant. These will not form the basis of any claim and or dispute for compensation of any kind. 11.0 DRAWINGS FOR WORKS: 11.1 The Railway Administration reserves the right to modify the plans and drawings as referred to in the special data and specifications as also the estimate and specifications without assigning any reasons as and when considered necessary by the railway. The percentage rates for the schedule items and items rates for the non-schedule items quoted by the contractor as may be accepted by the railways will, however, hold good irrespective of any changes, modifications, alterations, additions, omissions -26- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer in the locations of structures and detailed drawings, specifications and/or the manner of executing the work. 11.2 It should be specifically noted that some of the detailed drawings may not have been finalized by the railway and will, therefore, be supplied to the contractor as and when they are finalized on demand. No compensation whatsoever on this account shall be payable by the Railway Administration. 11.3 No claim whatsoever will be entertained by the Railway on account of any delay or hold up of the work/s arising out of delay in approval of drawings, changes, modifications, alterations, additions, omission and the site layout plans or details drawings and design and or late supply of such material as are required to be arranged by the Railway or due to any other factor on Railway Accounts. 11.4 If any plan/drawing is attached with tender form, Rs.200/- per plan/drawing will be levied extra. 12.0 SUPPLY OF MATERIALS BY THE RAILWAYS: 12.1 If at any time, material which the contractor/s should normally have to arrange himself/themselves, are supplied by the Railway either at the contractors request or in order to prevent any avoidable delay in the execution of work due to the contractor's inability to make adequate timely arrangements for supply thereof or for any other reason, recovery will be made from the contractors bill either at the market rate prevailing at the time of supply or at the book rate whichever is greater, plus fixed departmental charges viz. freight at 5% (8.33% for items of Iron and G.I. pipe steel) incidental charges at 2% and added on total cost supervision charges at 12 1 /2%. No carriage or incidental charges will be borne by the Railway. The contractor cannot, however, claim as a matter of right the issue of such material by the Railway which he/they is/are required to arrange himself/themselves in accordance with the terms and conditions of this contract. 12.1.1 In case, cement and/or steel is issued to the contractor/s free of cost or on cost to be recovered for use on the work, the supply thereof shall be made in stages limited to the quantity/ quantities computed by the Railway according to the prescribed specifications and approved drawings as per the agreement. The contractor shall return the cement and/or steel issued in excess of the requirements as above in perfectly good conditions to the Railway immediately after completion or determination of the contract. If the contractor/s fail/s to return the said stores, then the cost of cement and/or steel issued in excess of the requirement computed by the Railway according to the specifications and approved drawing will be recovered from the contractor/s @ twice the prevailing procurement cost at the time of last issue viz. 2 X (purchase price + 5% freight only). This will be without prejudice to the right of the Railway to take action against the contractor/s under the conditions of the contract for not doing/completing the work according to the prescribed specifications and approved drawings. If it is discovered that the quantity of cement and or steel used is less than the quantity ascertained, as herein before provided, the cost of the cement and/or steel not so used shall be recovered from the contractor/s on the basis of the above-stipulated formula. 12.1.2 The contractor shall be responsible for the safe transport custody and storage of all Railway materials issued to him and he will be liable to make good the loss due to any cause whatsoever that may be suffered by the Railway on this account. Special precautions should be taken in respect of cement while transporting cement, steps should be taken to safeguard against cement becoming damp or wet due to moisture or rain. The contractor will also be responsible for storing cement in damp proof conditions at site of work at his own cost in accordance with the standard specifications. The Engineer shall decide whether the cement stored in the godown is fit for the work and his decision shall be final and binding on the contractor/s. 12.1.3 The contractor should supply a schedule showing the requirements of explosives/materials required to be supplied to him by the Railway based on detailed plans. The Railway according to this schedule will arrange the materials unless otherwise modified by the Railway due to additions or alterations in the approved plans. No claim whatsoever will be entertained by the Railway on account of late supply of such materials as are required to be arranged by the Railway. -27- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer 12.3 SUPPLY OF CEMENT AND STEEL BY THE RAILWAYS 12.3.1 Cement, Mild Steel/H.Y.S.D./Bars/RSJ/MS Plate, etc. to be supplied by the Railway to the extent as would become a part of the work involved in the tender schedule will be supplied by the Railway free of cost or on cost recovery basis as the case may be as per relevant clauses of special conditions relating to site data and specifications at construction store godown at __________. The contractor will be required to lead the same to the site of work at his own cost subject to payment at the rate as quoted against relevant item of N.S. Items in the Schedule of Items, Rates & Quantities. 12.3.2 Cement and steel required for temporary works timbering, shuttering, centering, scaffolding, etc. will have to be arranged entirely by the contractor at his own cost. 12.3.3 The empty cement bags for the supply of cement by the Railway shall be property of the contractor and the cost of the same shall be recovered at the rate of Rupees Two per empty cement bag from the on account bill of the contractor in case the cement is supplied in Jute bags. No recovery on account of empty cement bags shall be made from the contractor, in case the cement is supplied in H.D.P.E. bags. The Railway, however, reserves its right to take empty bags as are in good conditions and in that case no recovery will be made for bags so taken back. These rates will apply for bags deteriorated, while in use and not found acceptable to the Railway so taken back from the contractor. 13.0 SUPPLY OF MATERIALS BY THE CONTRACTOR/S: 13.1 Materials used in the work by the contractor shall conform to the Northern Railway Standard Specifications and the relevant I.S.I./I.R.S Specifications, and should be approved by the Engineer before utilizing them on works. 13.2 It should be clearly understood that the tendered rates include wastage and wash away due to rains, storms, floods or any other cause whatsoever. 13.3 No loading, unloading, lead, lift, stacking, octroi, sales tax, toll tax, royalty or any other charges will be paid for the materials, tools and plants and tools arranged and brought by the contractor to the site of work. 14.0 SUPPLY OF CEMENT & REINFORCEMENT STEEL BY THE CONTRACTOR: 14.1 REINFORCEMENT: i) Reinforcement will be of TOR steel (cold twisted deformed bars) as decided by the engineer-in- charge or as per approved drawings and confirming to the latest IS/IRC codes. Payment shall be made under relevant item of the tender schedule/NR Std. Schedule of rates 1996. ii) Steel for use in the works shall be procured by the contractor from the main producers or any other manufacture of repute as approved by Engineer in-charge, or their authorised dealers/authorised stock yards which should conforms to latest relevant IS specifications. iii) Test certificates for steel before use, as per latest relevant IS the contractor at his own cost will furnish specifications from the manufacturer of the laboratories approved by the Engineer in Charge. iv) Railway will also take samples during the course of work and get the steels tested ascertain its conformity to the IS specifications at contractors cost before a particular lot is put to use. Frequency of testing shall be as prescribed by the relevant IS code. v) Payment for the steel reinforcement shall be made on the basis of standard unit weights per meter to the extent actually consumed on the work as per approved drawings and nothing extra will be paid for unauthorised over laps and wastage of steel involved in cutting the bars to their required sizes. Nothing extra will be payable for overweight steel within the limit of tolerance permitted as per IS- 1786: 1985. vi) It shall be the responsibility of the contractor to clean the reinforcement bars with dry gunny bags if they are coated with rust or impurities and nothing extra shall be paid for the same. vii) The rate for Reinforced Cement Concrete includes straightening and uncoiling of rolls of reinforcement. No extra payment for straightening and/or uncoiling of reinforcement rolls shall be payable by the railways. -28- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer viii) Binding wire of approved quality shall be arranged by the tenderer/s himself/themselves and the rates quoted for RCC work shall include cost of binding wire and the process of binding etc. ix) No welding of reinforcement will be permitted except in special circumstances under the written approval of the Engineer-in-charge. Steel having unit weight per meter not falling within the tolerances specified in relevant IS code shall not be accepted. 14.2 CEMENT: i) Cement for use in the works will be procured by the contractor from the BIS approved producers or their authorised dealers with the prior approval & consent of the engineer-in-charge. ii) Cement older than 3 months from the date of manufacture as marked on the bags shall not be accepted. Cement bags preferably in paper bag packing should bear the following markings: - a) Manufacturers Name b) Registered Trademark of manufacturer if any c) Type of cement d) Weight of each bag in Kg. Or no. of bags/tone e) Date of manufacture generally marked as week of the year/year of manufacture. iii) Quality test certificate for cement as per ISI 4031 shall be furnished by the contractor at his own cost from the manufacturer, before use of cement supplied. iv) Railway will also take samples during the course of execution of works and get the cement tested from reputed /approved labs to ascertain its conformity to the relevant IS specification at contractors cost before a particular lot is put to use. Frequency of testing shall be as prescribed by the relevant IS code. Following tests inter alia shall be carried out: - a) Fineness b) Compressive strength c) Initial and final setting time d) Consistency e) Soundness v) In case samples tested do not pass the quality tests conducted, the entire batch of cement supplied shall be rejected and returned to the contractor. vi) For storage of cement, the contractor shall have to construct a temporary godown of adequate capacity at his own cost; as per the promises of the relevant IS code. The contractor shall bring the cement to the site of work only on the written instructions from Gazetted officer in charge of the work. It shall be obligatory on the part of the contractor to get every consignment/ truck of cement weighed in the presence of vii) Inspector in charge or his representative and supplies original copies of weigh slip along with the consignment. The inspector in charge will verify the quantity of cement brought to the site of work and return one verified weigh slip to the contractor after the same is stacked inside the cement godown under his supervision. viii) The record of cement brought to the site of work, daily consumption, daily opening balance and closing balance shall be maintained at site jointly by the inspector in-charge of work and contractor or his authorised representative. For this purpose a set of registers duly reconciled and signed by the contractor and the inspector in-charge of the work certifying the opening balance, consumption, and closing balance should be maintained. One register each shall be kept in the custody of inspector in- charge of the work and contractor or his representative. ix) The contractor shall be the custodian of cement godown and shall keep the godown under his lock and key to ensure safe custody of cement. The contractor shall ensure that the cement once brought to the site and accounted for shall be used at the site only and shall not be taken away from the site for any other purpose. -29- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer x) Contractor shall make the cement godown available for inspection along with connected record to the Engineer or his representative as and when required. xi) Land for construction for the temporary cement godown shall be handed over by the railway on the written request of the contractor free of any rent if available. xii) The contractor shall ensure that after completion of the work and/or determination of the contract for any reason whatsoever, the temporary cement godown shall be dismantled and all dismantled materials/debris shall be removed and clear site shall be handed over back to Railways. All the released materials shall be the property of the contractor and the railways for construction/dismantling etc shall make no payment. The final bill and earnest money/security deposit shall not be released unless the godown is dismantled and the site is cleared in all respects. Tolerance requirement for the mass cement: a) Cement supplied at one time will be taken as forming one batch. The number of bags taken for sample from each batch shall be as under: - Batch Size Sample Size 100 to 150 20 151 to 280 32 281 to 500 50 501 to 1200 80 1201 to 3200 125 3201 and above 200 The bags in sample shall be selected at random. The number of bags in sample showing a minus error greater than 2.0% of the specified net mass (50 Kg) shall not be more than 5.0% of the bags in sample. Also the minus error in none of such bags in the sample shall exceed 4.0% of the specified net mass of cement in the bag. In case the minus errors exceed the percentages herein specified, the entire batch of cement sample shall be rejected. b) In case of a wagon/truck load of 10 to 25 tones, the overall tolerance on net is rejected. (i) The consumption of cement on works shall be assessed on the basis of cement constants per unit quantity for various items of works as per Northern Railway SOR 1996 or cement contents per unit quantity as per design in case of design mix of cement concrete of specified strength. In case of designed mix of concrete of specified strength where the cement is to be used by weight, where specially ordered in the NS item rate or the tender conditions, a variation of + 1% (Max.) will be allowed in the consumption of cement on the works. ii) Stacking of cement in the godown shall be done on a layer of wooden sleepers, so as to avoid contact of cement bags with the floor or alternatively scrap GI sheets may also be used in place of sleepers but these must be placed at least 20 cm above the floor. The bags shall be stacked at least 30 cm clear of the walls to prevent deterioration. The wooden sleepers/scrap GI sheets shall be arranged by the contractor at his own cost. Cement shall be stored in such a manner as to permit easy access for proper inspection. Cement should be stacked not more than ten layers high to prevent bursting of bags in bottom layers and formation of clods. The stacks of cement bags shall be covered with tarpaulin during monsoons so as to obviate the possibility of deterioration of cement by moisture in the atmosphere. Cement, which is set or partially set, is on no account to be used. iii) The cement brought to the site godown in excess of the requirement calculated based on the cement factors shall be taken back by the contractor on completion of the work after written approval of the ADEN/DEN on proper documents. iv) Payment as per relevant NS items will be made on the basis of quantity of cement actually consumed or the quantity calculated as per the cement factors for various items, whichever is less subject to recovery as per clause below: Cement actually consumed on works shall -30- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer normally match the quantity calculated as per the cement factors for various items. If it is discovered that the cement actually consumed at site is less than the quantity ascertained taking into consideration the cement factors for various items by more than 1 %, the cost of the cement not so used (i.e. difference between the quantity of cement calculated as per cement factors and cement actually consumed) shall be recovered at double the quoted rate from the contractor. Empty cement bags will be the property of the contractor. 15.0 SERVICE ROADS: 15.1 The contractor/s shall make his/their arrangements for service roads, paths etc. for carrying his/their tools and plants, labour and materials, etc. and will also allow the Railway use of such paths and service roads, etc. for plying its own vehicles free of cost. The tenderer/s will be deemed to have included the cost of making any service roads, roads or paths, etc., that may be required by him/them for plying his/their vehicles for the carriage of his/their men and materials, tools, plants and machinery for successful completion of the work. Similarly, any other feeder road connecting any of the existing roads will be made by the contractor at his/their own cost including any compensation that may be required to be paid for the temporary occupation and or usage of Govt. and or private land and without in any way involving the Railway in any dispute for damage and/or compensation. 15.2 In case the Railway has its own paths, service roads, the contractor/s will be allowed to use of such paths or service roads free of cost. He/They shall, however, in no way involve the Railway in any claims or dispute of whatever kind due to the inaccessibility of such paths or service roads or due to their poor condition and or maintenance or their being to be blocked and/or closed. 15.3 The rates quoted by the contractor as per Schedule of Items, Rates and Quantities shall form the basis of on account payment' or the various items under this contract. 15.4 In the course of execution of various items of work under schedule of Items, Rates and Quantities running bills payment for partly completed works will be made to the contractor. The quantum of such work for payment shall be decided by the Engineer-in-charge whose decision shall be final and binding on the contractor. 15.5 No `on account payment' by the Railway shall protect the contractor/s against or prevent the Railway from recovering from the contractor/s any over payment made to him/them. 15.6 Final payment of the balance amount due, exclusive of the security deposit required in terms of Clause-5 of these special conditions, will be made after the completion of the entire work and on the certification of the Engineer that work has been completed in all respects and found satisfactory. The security deposit will be refunded after the date of completion according to Clause 5.1 of these conditions. 16.0 EMERGENCY WORK: 16.1 In the event of any accident or failure occurring in or about the work arising out of or in connection with the construction completion or maintenance of the work which in the opinion of the Engineer require immediate attention, the Railway may be with its own workmen or other agency execute or partly execute the necessary work or carry out repairs if the Engineer considers that the contractor is not in a position to do so in time and charge the cost thereof, as to be determined by the Engineer- in charge or his representative to the contractor. 16.2 In terms of clause 32 of GCC of May 1999, the material and plants brought by the contractor on the site or land occupied by the contractor in connection with the works and intended to be used for execution thereof shall immediately, after they are brought upon the sites of this said land be deemed to be the property of the Railway, vehicles, equipments, plant and machinery of the contractor can be drafted by the Railway Administration at their discretion in case of accidents, natural calamities involving human lives, breaches, stoppage of train operations or any contingencies which require such requisitioning as essential. The decision in this regard of the Engineer-in-charge or his superiors i.e. Divisional Engineer/Sr. Divl. Engineer etc. shall be final and beyond the ambit of arbitration clause. -31- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer 16.3 In terms of clause 2.3.2(A) (iv), tenderer is required to submit the list of equipment, machinery, construction tools and plants available /deployed at site. The successful tenderer on receipt of acceptance letter and conveying their consent shall submit name, addresses, telephone numbers, Fax number/E Mail address of the persons to be contacted for requisitioning the above items as detailed in forgoing clause 15.2 and notify from time to time if any change in the list of equipments/machinery or the addresses/ individuals to the Engineer-in-charge in writing. The name and address, telephone numbers and the contractor officials name shall also be displayed at the site of work. 16.4 The manpower, consumable items and maintenance of the above tools and plants when requisitioned shall be the responsibility of the tenderer/contractor so that the equipments, machinery, tools and plants shall be available for effective utilization at the accident sites, natural calamities, breaches sites etc. 16.5 The hire charges per annum shall be calculated at the following rates on the purchase cost of the plant as under: (i) Depreciation charges at the following rates a) Light plant 16% per annum b) Heavy plant 10% per annum c) Special plant 6% per annum (ii) In additional 10% on the total of (i) above to meet contingencies (iii) 10% contractor profit on total cost as detailed (i) to (ii) (iv) The hire charges per day shall be arrived at dividing the annual hire charges of total of (i) to (iii) above by 365, which shall be the assumed number of working days in year for this purpose. These hire charges will be payable from the date the plant is handed over to the railway to date on which it is returned to the contractor by Railway. (v) The contractor manpower charge shall be payable @ minimum wages as notified by the State Govt. /local bodies /labour Deptt. as the case may be for highly skilled, semi skilled personnel drafted for operating the plant and machinery. (vi) The payment for the fuel cost shall be paid on the basis of the actual expenditure incurred by the contractor for purchase + 10% contractor's profit thereof which will be the payments towards his miscellaneous expenses too. 17.0 NIGHT WORK: If the Engineer is satisfied that the work is not likely to be completed in time except by resorting to night work, he may order without confirming any right on the contractor for claiming any extra payment for the same. 18.0 DISPOSAL OF SURPLUS EXCAVATED MATERIALS: 18.1 The contractor shall at all time keep the site free from all surplus earth, surplus materials, and all rubbish which shall arise from the works and should dispose of the surplus excavated materials as ordered by the Engineer failing which it will be done at the cost of the contractor and cost will be deducted from his dues. 18.2 The contractor shall within 15 days of completion of entire works remove all unused and surplus materials tools and plants staging and refuge or other materials produced by his operations and shall leave the site in a clear and tidy conditions. 19.0 SITE INSPECTION REGISTER: 19.1 A site inspection register will be maintained by the Engineer or his representative in which the contractor will be bound to sign day to day entries made by the Engineer or his representative. The contractor is required to take note of the instructions given to him through the site inspection register and should comply with the same within a reasonable time. The contractor will also arrange to receive all the letters etc. issued to him at the site of works. -32- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer 19.2 The contractor shall, from time to time (before the surface of any portion or the site is interfered with or the work thereon begun) take such levels as the Engineer may direct in his presence or any person authorized by him in writing. Such levels approved and checked by him or such authorized persons shall be recorded in writing and signed by the contractor and shall form the basis of the measurements. 20.0 The contractor shall have to make and maintain at his own cost suitable approach road and path, etc. for proper inspection of the various works. He shall also provide all facilities as required by the Engineer such as Ladder and other appliances for satisfactory inspection of the works and places where materials for the work are stored or prepared. 21.0 OPENING UP OF WORK OR MATERIALS FOR INSPECTION OR TEST: Should the Engineer, or any representative consider it necessary for the purpose of enabling inspection of tests analysis to be made to verify or ascertain the quality of any part of the works or of any materials, the contractor shall as and when required by the Engineer or his representatives open up the work or materials for inspection or test or analysis, pull down or cut into any part of the work to make such openings, into under or through any part of the works as may be directed and shall/provide all things facilities which in the opinion of the Engineer or his representative are necessary and essential for the purpose of inspection or test or analysis of the works or of any part thereof or the materials, or of workmanship and the contractor shall close up, cover, rebuild and made good the whole at his own cost, as and when directed by and to the satisfaction of Engineer provided always that of the work in the opinion of the Engineer is found to his satisfaction and in accordance with the contract. The excess expenditure in such examination, inspection or test shall, upon the certificate of the engineer, be borne by the Railways. 22.0 The period of maintenance shall be 6 (six) months from the certified date of completion. In case of zone work, the maintenance period shall be 3 (three) months. In case of supply of ballast, building material, other material, earthwork and track work, the maintenance period shall be NIL 23.0 GENERAL: 23.1 The contractor/ contractors shall pay wages to his /their labour as laid down in section 63 to 71 of the contract labour central rules -1971 in the presence of DEN/AEN or his authorised representative. In case the contractors labour perform the same of similar kind of work as the main directly employed by the DEN/AEN the wages rates of work holidays and other condition of services of the workman employed by DEN/ AEN are the applicable to the contractor's labour also. The contractor/contractor shall keep and maintained necessary register/ record issued employment cards, service certificate to the deployed on notice board in accordance with section75-82 of the contract. 23.2 The contractor will be required to give 'NO CLAIM CERTIFICATE' while signing the final bill. This 'NO CLAIM CERTIFICATE' furnished by the contractor constitute special agreement where he admits and acknowledge that no money is due to him in connection with the particular contract by him thus after the contractor has given no claim certificate and has final bill has been finalised and paid to him the contractor cannot ask for any more payment even if post audit records show that he had been paid less hence after no claim is given, the contractor will not be entitled to ask for arbitration. 23.3 Subject as otherwise provided in this contract all notices to be given on behalf of the President of India and all other action to be taken or his behalf may be given or taken on his behalf by the Engineer-in charge or his representative. 23.4 The contractor shall employee the following technical staff during the execution of this work: One graduate engineer when the cost of the work to be executed is Rs.50 lakhs and above. One qualified Diploma-holder (Overseer) when the cost of the work to be executed is more than Rs.10 lakhs, but less than Rs.50 lakhs. Technical staff should be available at the site wherever required by the Engineer-in-charge to take instructions. In case the contractor fails to employ the technical staff as aforesaid, he shall be liable to pay a reasonable amount not exceeding a sum of Rs.10000/- (Rupees ten thousand only) for each -33- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer month of default in case of graduate engineer and Rs.7500/- (Rupees seven thousand five hundred only) for each month of default in case of diploma holder (Overseer). Persistent failure to engage suitable technical staff suitable for this type of specialized work will lead to termination of contract. The decision of the Engineer-in-charge as to the period for which the required technical staff was not employed by the contractor and as to the reasonableness of the amount to be deducted on this account shall be final and binding on the contractor. 23.4 The breakage of all clods will be ruthlessly ingested upon should any time /times the contractors be found to be deviating from this documents, the subordinate of Engineer In charge of work will immediately after such observation employ departmental labour to get all the clods broken up and will continue. The arrangements by this specification where as no extra payment will be made for breakage the clods. The cost of departmental labour 12.50% departmental charge will be deducted from the contractor/contractors bill. Similar action will also be taken if the contractors are found depositing earth around which is not cleaned by him or their seems to be constructed the new bunds, before engagement of department labour on verbal one hours notice will be given to the representative of the contractor. If the work is not attended by the representative of contractors, no correspondence will be entertained from the contractor/ contractors in connection with the departmental labour engaged under circumstances materials in this part and the orders given by the subordinate of the department will be final conclusive and not amendable to any appeal or revision. All contractors will be required to nominate their authorised agents for various location of work. 23.5 CONCRETE: The concrete shall be mixed properly in mechanical mixture and shall be of plastic consistency. The proper consistence shall be determinedly by the engineer in charge by slump test, which shall be carried out by the contractor. The contractor shall only be commenced after the engineer in charge has inspected shuttering pinching reinforcement and passed same vibrator of approved design shall be used for vibrating the concrete when placed in position. No extra payment for the mechanical mixture and vibrator will be paid as per chapter 12 of SOR-1996 edition. The expose surface of RCC work shall be rendered and smooth and true with cement/mortar 1:2 (1cement; 2 sand) the work expose surface include all such exposed surface except top of slope landing and facing of rises cement will be issued free of cost. Before laying the RCC roof, the entire top will be made smooth by application the cost of approved cement plaster. No extra payment shall be made for this item. 23.6 RCC: i) All RCC work will be in M-15 and M-20 cement concrete conforming to IS: 456 (latest Revision) and as specified in the drawing and percentage rates quoted for item in chapter No.12 of SOR- 1996 Edition will be applicable for both of these grades. Nothing extra will be paid on this account. ii) Arrangements for carrying out slumps and straight tests in the form of cylinders and cabbage will be made by the contractors as per code &rules 4.4, 4.5.6 and as and when desired by the Engineer. No. Extra will be paid to the contractor for these cost and also getting than tested in the approved laboratories including transport and other charges and the contractor will be responsible to hand over the result to the Engineer. 23.7 MEASUREMENT: The gross dimension of RCC roof slabs, linters and beams etc. inclusive of bearing of walls exclusively of thickness of plaster all is measured for purpose of payment. No deduction shall be made for the value of reinforcement and for all cavity holes for drawings etc. up to 55 C incl. No payment shall be made for the plaster on the exposed of RCC in case of columns; the measurements of the height will be from top of floor to top of floor. In case of bottom height is to be reckoned from the top of the fittings of the floor above. -34- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer 23.8 BRICK WORK: i) All pipe conduits clamps or other fitting shall be fixed in position as the work proceeds chases will have to cut in the bricks wall for housing the fitting and contractors rate for brickwork shall be inclusive of the cost of cutting charges. Any charge necessary to be made after the measurements of the work has been completed at the cost of the Rly. Administration. ii) No claim for any addition involved in doing masonry work around switch board, telephones boxes etc. shall be entertained. iii) In the mortar for walls Badarpur & coarse sand of approved quality shall be used and nothing extra shall be payable to the contractor on this account. iv) Nothing extra will be paid for inserting placing reinforcement steel bars in brick masonry for connecting RCC work columns as shown in the drawings. 23.9 WOOD WORK: i) The timber shall be of the good approved quality and well seasoned shall have uniform colour and shall be free of disease, cracks etc. ii) All works shall be taken in hand by the contractor immediately after the award of the work. The contractor shall provide all the chowkhats and shutters duly approved in writing at the site of work by the authorised representative of the Engineer-in-Charge before fixing the same. The chowkhats or shutters shall not be painted oiled or waged and treated with any other way before same are approved in writing. The test check of AEN/DEN in woodwork is essential 100%Test check. In all fitting will be got approved from AEN/DEN before fixing. 23.10 Regarding the supplies of different of building materials successful contractor will be required to supply each item of material at the different locations in the jurisdiction of each IOW/PWI under AEN/DEN. In each supply like Yamuna sand, Badarpur red moorum, bricks etc., should be measured as stack. Truck measurements are not permitted on any account. 23.11 The contractor will erect temporary shelter as per the design. Approved by Rly. This temporary shelter should be allotted to specific labour. The details particulars of the shelter and the allotment made shall be made available in the AEN/In-charge on completion of work it shall be the responsibility of the contractor to demolish these shelter when vacated after completion of work or termination of the contract. 23.12 PROVISION OF LIGHT SIGNALS ETC: The contractor/s shall make such provision for lighting the works, materials and plant and provide all such marks and lights, signals and other appliances as may be necessary or as may be required by the Engineer or other responsible authorities during the execution completion and maintenance of the work and shall provide all labour, stores, etc. required for their efficient working and use at any time of day or night. He/They shall also provide all arrangement of every description of watching and maintenance required in connection with the foregoing and all other services for protection of any securing all dangerous places whether to the contractor's workmen or to other persons and or vehicular traffic until the work is certified by the engineer to have been completed and taken over in accordance with the contract. 23.13 The contractor/s will provide upon the works to the satisfaction of the Engineer and at such, places as he may nominate, proper and sufficient life saving, fire fighting and first aid appliances which shall at all times be available for use. 23.14 LABOUR CAMPS: Land for setting up a workshop by the contractor or for his labour camp or for any other purpose, shall have to be arranged by the contractor at his own cost and under his own arrangements. The contractor, however, will be permitted to make use of the railway land to the extent that can be made available to him free of cost, by the railway in the vicinity of the site of works. The contractor/s shall at all times be responsible for any damage or trespass committed by his agent and workmen for carrying out the work. -35- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer 23.15 The Railway Administration may recommend to the concerned authorities the issue of necessary transport permits for the work. The contractor shall, however, furnish full justification for the above facilities, to enable the Railway Administration to address the State Government or other authorities in this connection. The contractor shall also maintain regular logbook of receipts and issue of the materials to work, if so required by the Civil Authorities. No claim would, however, be entertained by the non-issue of any priority permits or owing to any interruption in supply. 23.16 No claim for idle labour and or idle machinery etc. on any account will be entertained. Similarly no claim shall be entertained for business loss or any such loss. 24.0 Attention is invited to Clause 17(B) of the G.C.C. and Clause 8.1 of tender conditions according to which time is the essence of the contract. 25.0 SALES TAX/Turn Over/Local Tax, etc.: Sales Tax including Turn Over Tax on works contract, Octroi, Royalty, Toll Tax, Local Tax, Duties/Levies as well as Services and any other Tax levied by Central Govt., State Govt. or Local Bodies, as applicable on the date of quoting the rates and any change therein at a later date, shall be considered to be included in the rates quoted by tenderer/s in the Tender Schedule. Railways shall deduct the sales tax/Turn Over Tax or any other Tax from the Contractors bill at the rate as applicable as per rules framed by concerned Govt./Local bodies from time to time and remit it to concerned deptt. And shall issue a certificate regarding Tax/Duties/Levies so deducted on demand by the contractor. 25.1 Implementation of The Building and Other Construction Workers (RECS) Act 1996 and The Building and Other Construction Workers Welfare Cess Act, 1996 in Railway contracts: The tenderer for carrying out any construction work in Uttar Pradesh and/or Uttrakhand must get themselves registered from the Registering Officer under Section-7 of the Building and Other Construction Workers Act, 1996 and rules made thereto by the Uttar Pradesh and/or Uttrakhand Government and submit certificate of Registration issued from the Registering Officer of the Uttar Pradesh and/or Uttrakhand Government (Labour Department). For enactment of this Act, the tenderer shall be required to pay cess @1% of cost of construction work to be deducted from each bill. Cost of material shall be outside the purview of cess, when supplied under a separate schedule item. 26.0 The successful tenderer on award of contract will have to furnish contractors Bank Account Number and Name of the Bank against which all payments in respect of the contract during the currency of contract shall be made. 26.1 All payments in respect of the contract during the currency of the contract shall be made through Electronic Clearing System (ECS) / Electronic Funds Transfer (EFT). The successful tenderer on award of contract must submit ECS/EFT Mandate Form complete in all respects as detailed at Annexure-J of the tender document. However, if the facility of ECS / EFT is not available at a particular location the payment shall be made by Cheque. In such case the successful tenderer on award of contract will have to furnish contractors Bank Account Number and Name of the Bank against which all payments in respect of the contract during the currency of contract shall be made. 27.0 Damage to the Railway Property: Contractor(s) executing the works adjacent to the existing Railway track for e.g. doubling, gauge conversion, yard remodelling etc. will take all care for avoiding any damage to the underground/OH services such as S&T cables, electric cables/wires, pipelines/sewer lines etc. They must ensure that the work is started after obtaining clearance in writing from the Engineer-in-charge regarding the route for signalling/Electrical cables/water supply/ sewer lines etc. However, if any damage occurs during execution, he will immediately report the same to the Engineer-in-charge and stop the work further till clearance for restarting the work is given by the Engineer-in-charge. It may be further noted that if it is proved that damage is occurred due to the negligence on the part of the contractor, the cost of the -36- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer damage will be recovered from him/them. The decision of Engineer-in-charge will be final and binding upon the contractor(s). 28.0 Applicable for tender documents downloaded from internet: 28.1 Tenderer/s is free to download tender documents at their own risk and cost, for the purpose of perusal as well as for using the same as tender document for submitting their offer. Master copy of the tender document will be available in the office of Sr. Divl. Engineer, Northern Railway ______________________. After award of work, an agreement will be drawn up. The agreement shall be prepared based on the master copy available in the office of Sr. Divl. Engineer, Northern Railway/___________, ____ ____ and not based on the tender documents submitted by the tenderer. In case of any discrepancy between the tender documents downloaded from internet and the master copy, later shall prevail and will be binding on the tenderers. No claim on this account will be entertained. 29.0 PPP will apply only to CPSEs and their subsidiaries (i.e. where PSE owns 51% or above share holding), but not to a joint venture owned by a PSE and a private sector partner. In case the quoted price by CPSEs is within 10% of the lowest valid price quoted by the private tenderer, other things being equal, purchase preference will be granted to the CPSEs at the lowest valid price bid (L-1). However, in case the quoted price by CPSEs is not within 10% of the lowest valid price bid, such a price bid may be rejected without any further consideration. A minimum value addition of 20% by the CPSEs/Subsidiary companies by way of manufacturing and/ or services would be a pre-requisite for availing of purchase preference. 30.0 The tenderer for carrying out any construction work in __________(name of the State) must get themselves registered from the Registering Officer under Section-7 of the Building and Other Construction Workers Act, 1996 and rules made thereto by the _________(name of the State ) Govt and submit certificate of Registration issued from the Registering Officer of the _________(name of the State ) Govt. (Labour Deptt.). For enactment of this Act, the tenderer shall be required to pay cess @ 1% of cost of construction work to be deducted from each bill. Cost of material shall be outside the purview of cess, when supplied under a separate schedule item Sr. Divisional Engineer/__, Northern Railway, Moradabad Signature of the tenderer/s ________________ Address______________________________ ______________________________ -37- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer REVISED MODEL FORM OF BANK GUARANTEE BOND Annexure-A 1. In consideration of the President of India (hereinafter called the Government) having agreed to exempt .(hereinafter called the said Contractor (s)) from the demand, under the terms and condition of an Agreement, dated.made betweenand for(hereinafter called the said Agreement) of security deposit for the due fulfilment by the said Contractor (s) of the terms and conditions contained in the said Agreement, on production of a bank Guarantee for Rs.(Rupees.only),we, ..). (hereinafter referred to as the bank) (Indicate the name of the bank) at the request of (contractor (s) do hereby undertake to pay to the Government an amount not exceeding Rs.against any loss or damage caused to or suffered or would be caused to or suffered by the Government by reason of any breach by the said contractor (s) of any of the terms or conditions contained in the said Agreement. 2. We, (Indicate the name of the bank).do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the Government stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Government by reason of breach by the said contractor (s) of any of the terms or conditions contained in the said Agreement or by reason of the contractor (s) failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs 3. We undertake to Pay to the Government any money so demanded not withstanding any dispute or disputes raised by the contractor (s) supplier (s) in any suit or proceeding pending before any court or Tribunal relating thereto our liability under this present being absolute and unequivocal. This payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the contractors (s) / supplier (s) shall have no claim against us for making such payment. 4. We, (Indicate the name of the bank) .further agree, that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the due of the Government under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged of till(Office/ Department) Ministry ofcertifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said contractor (s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the .we shall be discharged from all liability under this guarantee thereafter. 5. We, (Indicate the name of the bank)..further agree with the Government that the Government shall have the fullest liberty without our consent and without effecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said contractor (s) from time to time or to postpone for any time or from time to time any of the powers exercisable by Government against the said Contractor (s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor (s) or for any forbearance, act or omission on the part of the Government or any indulgence by the Government to the said Contractor (s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us. 6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s) /Supplier(s). 7. We, (Indicate the name of the bank)..lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Government in writing. Dated the .day of200... For.(Indicate the name of the bank)............ -38- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer ANNEXURE-B SUPPLEMENTARY AGREEMENT Articles of agreement made this day _______ in the year Two thousand and __________ between the President of India, acting through the ___________________ Northern Railway Administration having his office at __________________ herein after called the Railway of the one part and _____________________________________ of the second part. Whereas the party hereto of the other part executed an agreement with the party hereto of the first part being agreement Number _____________dated __________for the performance _______________________________________________________________________________________ ____________________________herein after called the Principal Agreement. And whereas it was agree by and between the parties hereto that the works would be completed by the party hereto of the second part on ______________date last extended and whereas the party hereto of the second part has executed the work to the entire satisfaction of the party hereto of the first part. And whereas the party hereto of the first part already made payment of the party hereto of the second part diverse sums from time to time aggregating to Rs._______________ including the final bill bearing voucher No.______________ dated ___________(the receipt of which is hereby acknowledged by the party hereto of the second part in full and final settlement of all his /its claims under the principal agreement. And whereas the party hereto of the second part have received further sum of Rs._____________ through the final bill bearing voucher No.____________ dated ______________(the receipt of which is hereby acknowledged by the party thereto of the second part) from the party hereto the first part in full and final settlement of all his/its disputed claims under principal agreement. Now, it is hereby agreed by and between the parties in the consideration of sums already paid (by the party hereto of the first part to the party hereto of the second part against all outstanding dues and claims for, all works done under the aforesaid principal agreement including/excluding the security deposit the party hereto of the second part have no further dues of claims against the party hereto the first part under the said Principal Agreement. It is further agreed by and between the parties that the party hereto of the second part has accepted the said sums mentioned above in full and final satisfaction of all its dues and claims under the said Principal Agreement. It is further agreed and understood by and between the parties that in consideration of the payment already made, under the agreement, the said Principal Agreement shall stand finally discharged and rescinded all the terms and conditions including the arbitration clause. It is further agreed and understood by and between the parties that the arbitration clause contained in the said principal agreement shall cease to have any effect and/or shall be deemed to be non-existent for all purposes. Signature of the contractor/s for and on behalf of the President of India Witness 1 _______________________ 2. _______________________ ADDRESS: ______________________ -39- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer ANNEXURE-C P R O F O R M A D E C L A R A T I O N I/We hereby solemnly declare that I/We visited the site of the work (as on top sheet) personally and have made myself/ourselves fully conversant of the conditions therein and particular the following: - 1. Topography of area. 2. Soil strata at site of work. 3. Sources and availability of construction materials. 4. Rates for construction of material, water, electricity including all local taxes, royalties, octroi etc. 5. Availability of local labour (both skilled and unskilled) and relevant labour rates and labour laws. 6. The existing roads and approaches to the site of work and requirements for further service roads/approaches to be constructed by me/us 7. The availability and rates of private land etc. that shall be required by me/us for various purposes. 8. Climatic conditions and availability of working days. I/We have quoted my/our rates for various items in the schedule of items, quantities and rates taking into account all the above factors also. -40- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer ANNEXURE-D CONSTITUTION OF THE FIRM 1. Full name of contractor/s constitution of firm and year of establishment. 2. Registered Head Office, Address. 3. Branch office in India 4. Address on which correspondence regarding this tender should be done. 5. Constitution of firm give full details including name of partners executives/power of attorney/Holders etc. 6. Particulars of registrations with Govt./Semi Govt. Organization, Public sector, undertakings and local bodies etc. -41- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer ANNEXURE E Details of Plant and Machinery already available with the firm SNo Particulars of equipment No. of Unit Kind & make Capacity Date by which the plant would be available for use on this work Age & condition Work on which it is being used. 1 2 3 4 5 6 7 8 ANNEXURE F LIST OF ENGINEERS/PERSONNEL ALREADY AVAILABLE/ PROPOSED TO BE EMPLOYED FOR DEPLOYMENT ON THIS WORK: SNo. Name & Designation Qualification Professional experience Organization with whom working Date by which personnel will be available for this work 1 2 3 4 5 6 -42- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer ANNEXURE-G STATEMENT OF WORKS EXECUTED/COMPLETED BY THE CONTRACTORS DURING LAST THREE YEARS SNo. Name and place of work Authority /agency for which work was carried out Date of award & agreement No. & Date 1 2 3 4 Date of completion (original /actual) Agreemental cost /completion cost. Principal /Technical features work in brief S.No. at which relevant certificate /documents are attached. 5 6 7 8 ANNEXURE H Statement of works being executed/in hand by the contractor/s SNo Name and place of work Authority/agency for whom the work is being carried out Date of award & agreement No. & Date Date of completion (Original/ actual) 1 2 3 4 5 Agreemental cost of work / Completion cost Principal/ Technical features work in brief S.No. at which relevant certificate/Documents are attached Payment taken till 6 7 8 9 -43- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer ANNEXURE 'I' Detail of contractual payment received in last three financial year and current financial year. SN Name of work Name of employer Detail of payment For the financial year Total contract amount received 1 2 3 4 5 6 -44- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer ANNEXURE-J FORM NO.E-5 Appendix-VIII Electronic Clearing Service (Credit Clearing) Model Mandate Form (Investor/customers option to receive payments through Credit Clearing Mechanism) Name of the scheme and the periodicity of payment No. 1) Investor/customers name : 2) Particulars of Bank account : A Name of the Bank : B Name of the branch : Address : Telephone No. : C 9-Digit code number of the bank and branch Appearing on the MICR cheque issued by the bank: D Type of the account (S.B., Current or Cash Credit) With code (10/11/13) E Ledger and Ledger folio number : F Account number (as appearing on the cheque book) (In lieu of the bank certificate to be obtained as under, please attach a blank cancelled cheque or photocopy of a cheque or front page of your savings bank pass book issued by your bank for verification of the above particulars) 3. Date of effect: I hereby declare that the particulars given above are correct and complete. If the transaction is delayed or not effected at all for reasons of incomplete or incorrect information, I would not hold the user institution responsible. I have read the option invitation letter and agree to discharge the responsibility expected of me as a participant under the scheme. (_____________________) Signature of the Investor Customer Date Certified that the particulars furnished above are correct as per our records Banks Stamp -45- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer Annexure-K Guidelines for Joint Venture/Partnership firm for tender costing more than Rs.5.00 Crore. Following stipulations shall be applicable for joint venture of firms/companies and consortium and (hereinafter called JV). Joint venture / Consortium between individuals will not be accepted. Maximum No. of parties in the JV/Consortium should not be more than three. 1. One of the partners who are responsible for executing a major component of the proposed contract shall be nominated as being in-charge during the execution. He will be called the lead partner and shall be authorized to incur all liabilities and receive instructions for and on behalf of all partners of the Joint Venture/Consortium. This authorization shall be evidenced by submitting a power of attorney signed be legally authorized representative of all the partners of JV/Consortium with further stipulation that it shall be valid for the entire period of completion / extended period of the work including maintenance period. 2. All partners/constituents of JV/Consortium shall be jointly and severally liable / responsible for the successful completion of the work as per the terms and conditions of the agreement of the contract agreement irrespective of their share and role specified in JV agreement. 3. A copy of Joint Venture agreement on non-judicial stamp paper duly attested by Notary Public with seal and revenue stamp affixed thereon shall be submitted along with the tender. No JV will be accepted after submission of the tender bid. However, the Joint Venture agreement will be got duly registered before the Registrar of Firm or any nominated authority under the law of the land before the contract is awarded. 4. Joint Venture agreement shall include among other thing the joint venture objective, the proposed management structure, contribution of each constituent, role and responsibility of each partner covering all aspects of the planning and successful execution of the work, the commitment of the partners to the joint and several liability for due performance. 5. In addition recourse/sanctions within joint venture in the event of default/ withdrawal of any partner and arrangement for providing the required indemnities shall be spelt out and shall be binding on each partner of the joint venture. 6. The arrangement for investment and other resources required for successful execution of work under joint venture shall be spelt out. 7. The share of profit and loss of each constituent of the Joint Venture shall be clearly spelled out. 8. Tender should be purchased in the name of JV/Consortium, Earnest Money and or Bank Guarantee shall also be in the name of JV/Consortium. 9. Every partner of JV should have good credentials. Technical and financial capacity of the JV / Consortium shall be adjudged based on satisfactory fulfilment of all the below mentioned clauses: - 10 (a) Each member of the JV/Consortium must have individually completed at least one construction work of value more than 1/6 th value of the tender cost in last three years i.e. assessment year & three previous financial years upto the date of opening of tender. (b)At least one of the member of the JV/Consortium must have satisfactory completed at least one similar single work for minimum value of 35% of advertised tender value, in last three financial years (i.e. current year & three previous financial years) upto the date of opening of the tender. (c) Each member of the JV/Consortium should have received the total payment against satisfactory execution of all completed/ ongoing works of all types (not confined to similar works) during the last three financial years and in the current financial year (upto the date of opening of the tender) of a value not less than 50% of the advertised cost of work including the cost of cement and steel. (d) The arithmetic sum of annual contractual payment received by all members of the JV/Consortium in last three financial years and current financial year should be more than 150% of the tender cost. -46- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer Annexure K-1 Annexure to Rly. Board letter No. 2002/CE-I/CT/37 dt.2/9/08. GUIDELINES FOR PARTICIPATION OF JOINT VENTURE FIRMS IN WORKS TENDER 1. Separate identity/name shall be given to the Joint Venture firm. 2. Number of members in JV firm shall not be more than three if the work involves only one department (say Civil or S&T or Electrical) and shall not be more than five if the work involves more than one department. 3. A member of JV firm shall not be permitted to participate to either in individual capacity or as a member of another JV firm in the same tender. 4. The tender form shall be purchased and submitted only in the name of the JV firm and not in the name of any constituent member. 5. Normally EMD shall be submitted only in the name of the JV and not in the name of constituent member. However, in exceptional cases EMD in the name of lead partner can be accepted subject to submission of specific request letter from lead partner stating the reasons for not submitting the EMD in the name of JV and giving written confirmation from the JV partners to the effect that the EMD submitted by the lead partner may be deemed as EMD submitted by JV firm. 6. One of the members of the JV firm shall be the lead member of the JV firm who shall have a majority (at least 51%) share of interest in the JV firm. The other members shall have a share of not less than 20% each in case of JV firms with upto three members and not less than 10% each in case of JV firms with more than three members. In case of JV firm with foreign member(s), the lead member has to be an Indian firm with a minimum share of 51%. 7. A copy of Memorandum of Understanding (MOU) executed by the JV members shall be submitted by the JV firm along with the tender. The complete details of the members of the JV firm, their share and responsibility in the JV firm etc. particularly with reference to financial technical and other obligations shall be furnished in the MOU. (The MOU format for this purpose shall be finalized by the railway in consultation with their law branch and shall be enclosed along with the tender.) 8. Once the tender is submitted, the MOU shall not be modified/altered/terminated during the validity of the tender. In case the tenderer fails to observe/comply with this stipulation, the full Earnest Money Deposit (EMD) shall be forfeited. In case of successful tenderer, the validity of this MOU shall be extended till the currency of the contract expires. 9. Approval for change of constitution of JV firm shall be at the sole discretion of the Employer (Railways). The constitution of the JV firm shall not be allowed to be modified after submission of the tender bid by the JV firm except when modification becomes inevitable due to succession laws etc. and in any case the minimum eligibility criteria should not get vitiated. In any case the Lead Member should continue to be the Lead Member of the JV firm. Failure to observe this requirement would render the offer invalid. 10. Similarly, after the contract is awarded, the constitution of JV firm shall not be allowed to be altered during the currency of contract except when modification become inevitable due to succession laws etc and in any case the minimum eligibility criteria should not get vitiated. Failure to observe this stipulation shall be deemed to be breach of contract with all consequential penal action as per contract conditions. 11. On award of contract to a JV firm, a single Performance Guarantee shall be required to be submitted by the JV firm as per tender conditions. All the Guarantees like Performance Guarantee, Bank Guarantee for Mobilization advance, machinery Advance etc. shall be accepted only in the name of the JV firm and no splitting of guarantees amongst the members of the JV firm shall be permitted. 12. On issue of LOA, an agreement among the members of the JV firm (to whom the work has been awarded) has to be executed and got registered before the Registrar of the Companies under -47- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer Companies Act or before the Registrar/Sub-Registrar under the Registration Act, 1908. This agreement shall be submitted by the JV firm to the Railways before signing the contract agreement for the work. (This agreement format should invariably be part of the tender condition). In case the tenderer fails to observe/comply with this stipulation, the full Earnest Money Deposit (EMD) shall be forfeited and other penal actions due shall be taken against partners of the JV and the JV. This joint venture agreement shall have, inter-alia, following clauses: 12.1 Joint and several liability- The members of the JV firm to which the contract is awarded, shall be jointly and severally liable to the Employer (Railways) for execution of the project in accordance with General and Special conditions of the contract. The JV members shall also be liable jointly and severally for the loss, damages caused to the Railways during the course of execution of the contract or due to non-execution of the contract or part thereof. 12.2 Duration of the Joint Venture Agreement It shall be valid during the entire currency of the contract including the period of extension if any and the maintenance period after the work is completed. 12.3 Governing Laws The Joint Venture Agreement shall in all respect be governed by and interpreted in accordance with Indian Laws. 13. Authorized Member Joint Venture members shall authorize one of the members on behalf of the Joint Venture firm to deal with the tender, sign the agreement or enter into contract in respect of the said tender, to receive payment, to witness joint measurement of work done, to sign measurement books and similar such action in respect of the said tender/contract. All notices/correspondence with respect to the contract would be sent only to this authorized member of the JV firm. 14. No member of Joint Venture firm shall have the right to assign or transfer the interest right or liability in the contract without the written consent of the other members and that of the employer (Railways) in respect of the said tender/contract. 15. Documents to be enclosed by the JV firm along with the tender: 15.1 In case one or more of the members of the JV firm is/are partnership firm(s), following documents shall be submitted: (a) Notary certified copy of the Partnership Deed, (b) Consent of all the partners to enter into the Joint Venture Agreement on a stamp paper of appropriate value (in Original). (c) Power of Attorney (duly registered as per prevailing law) in favour of one of the partners to sign the MOU and JV Agreement on behalf of the partners and create liability against the firm. In case one or more members is/are Proprietary Firm or HUF, the following documents shall be enclosed. 15.2 Affidavit on Stamp Paper of appropriate value declaring that this Concern is a Proprietary Concern and he is sole proprietor of the Concern OR he is in position of KARTA of Hindu Undivided Family and he has the authority, power and consent given by other partners to act on behalf of HUF. 15.3 In case one or more members is/are limited companies, the following documents shall be submitted: (a) Notary certified copy of resolutions of the Directors of the Company, permitting the company to enter into a JV agreement, authorizing MD or one of the Directors or Managers of the Company to sign MOU, JV agreement, such other documents required to be signed on behalf of the Company and enter into liability against the company and/or do any other act on behalf of the company. (b) Copy of Memorandum and articles of Association of the Company. (c) Power of Attorney (duly registered as per prevailing law) by the company authorizing the person to do/act mentioned in the para (a) above. 15.4 All the members of JV shall certify that they have not been black listed or debarred by Railways or any other Ministry/Department of the Govt. of Indian/State Govt. from participation in tenders/Contract in -48- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer the past either in their individual capacity or the JV firm or partnership firm in which they were members/partners. 16. Credential & qualifying criteria: Technical and financial eligibility of the JV firm shall be adjudged based on satisfactory fulfillment of the following criteria: 16.1 Technical eligibility criteria: Either the JV firm or any one of the members of the JV firm must have satisfactorily completed in the last three previous financial years and the current financial year up to the date of opening of the tender, one similar single work for a minimum value of 35% of advertised tender value. OR In case of composite works (e.g. works involving more than one distinct component such as Civil Engineering works, S&T works, Electrical works, OHE works etc. and in the case of major bridges, substructure and superstructure etc.), at least 35% of the value of each such component of similar nature should have been satisfactorily completed by the JV firm or any one of the members of the JV firm in the previous three financial years and the current financial year upto the date of opening of tender. In such cases, what constitutes a component in a composite work shall be clearly defined as part of the tender condition without any ambiguity. NOTE: Value of a completed work done by a member in an earlier partnership firm or a JV firm shall be reckoned only to the extent of the concerned members share in that partnership firm/JV firm for the purpose of satisfying his compliance of the above mentioned technical eligibility criteria in the tender under consideration. 16.2 Financial eligibility criteria: The contractual payments received by the JV firm or the arithmetic sum of contractual payments received by all the members of JV firm in the previous three financial years and the current financial year up to the date of opening of tender shall be at least 150% of the estimated value of the work as mentioned in the tender. NOTE: Contractual payment received by a Member in an earlier JV firm shall be reckoned only to the extent of the concerned members share in that JV firm for the purpose of satisfying compliance of the above mentioned financial eligibility criteria in tender under consideration. -49- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer Annexure K-2 Guidelines for submitting tenders by Partnership Firms and their Eligibility Criteria 1. The Partnership Firms participating in the tender should be legally valid under the provisions of Indian Partnership Act. 2. Partnership Firms are eligible to quote tenders of any value. 3. The partnership firm should have been in existence or should have been formed prior to submission of tender. Partnership firm should have either been registered with the competent registrar or the partnership deed should have been notarized prior to date of tender opening, as per Indian partnership Act. 4. Separate identity/name should be given to the partnership firm. The partnership firm should have PAN/TAN number in its own name and PAN/TAN number in the name of any of the constituent partners shall not be considered. The valid constituents of the firm shall be called partners. 5. Once the tender has been submitted, the constitution of firm shall not be allowed to be modified/altered/terminated during the validity of the tender as well as the currency of the contract except when modification becomes inevitable due to succession laws etc, in which case prior permission should be taken from Railway and in any case the minimum eligibility criteria should not get vitiated. The reconstitution of firm in such cases should be followed by a notary certified Supplementary Deed. The approval for change of constitution of the firm, in any case, shall be at the sole discretion of the Railways and the tenderer shall have no claims what so ever. Any change in the constitution of Partnership Firm after opening of tender shall be with the consent of all partners and with the signatures of all partners as that in the Partnership deed. Failure to observe this requirement shall render the offer invalid and full EMD shall be forfeited. If any partner/s withdraw from the firm after opening of the tender and before the award of the tender, the offer shall be rejected. If any new partner joins the firm after opening of tender but prior to award of contract, his/her credentials shall not qualify for consideration towards eligibility criteria either individually or in proportion to this share in the previous firm. In case the tenderer fails to inform Railway beforehand about any such changes/modification in the constitution which is inevitable due to succession laws etc. and the contract is awarded to such firm, then it will be considered a breach of contract conditions, liable for determination of contract under Clause 62 of General Condition of Contract. 6. A partner of the firm shall not be permitted to participate either in his individual capacity or as a partner of any other firm in the same tender. 7. The tender form shall be purchased and submitted only in the name of partnership firm and not in the name of any constituent partner. The EMD shall be submitted only in the name of partnership firm. The EMD submitted in the name of any individual partner or in the name of authorized partner(s) shall not be considered. 8. One or more of the partners of the firm or any other person(s) shall be designated as the authorized person(s) on behalf of the firm, who will be authorized by all the partners to act on behalf of the firm through a Power of Attorney, specifically authorizing him/them to submit & sign the tender, sign the agreement, receive payment, witness measurements, sign measurement books, make correspondences, compromise, settle, relinquish any claim(s) preferred by the firm, sign No Claim Certificate , refer all or any dispute to arbitration and to take similar such action in respect of the said tender/contract. Such Power of Attorney should be notarized/registered and submitted alongwith tender. 9. A notary certified copy of registered or notarized partnership deed shall be submitted along with the tender. 10. On award of the contract to the partnership firm, a single performance guarantee shall be submitted by the firm as per tender conditions. All the guarantee like Performance guarantee, guarantee for Mobilization advance, Plant and Machineries advance shall be submitted only in the name of the partnership firm and no splitting of guarantees among the partners shall be acceptable. 11. On issue of LOA, contract agreement with partnership firm shall be executed in the name of the firm only and not in the name of any individual partner. 12. In case, the contract is awarded to a partnership firm, the following undertakings shall be furnished by all the partners through a notarized affidavit, before signing of contract agreement:- -50- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer a) Joint and several liabilities The partners of the firm to which the contract is awarded, shall be jointly and severally liable to the Railway for execution of the contract in accordance with general and special conditions of the contract. The partners shall also be liable jointly and severally for the loss, damages caused to the Railway during the course of execution of the contract or due to non-execution of the contract or part thereof. b) Duration of the partnership deed and partnership firm agreement The partnership deed/partnership firm agreement shall normally not be modified, altered, terminated during the currency of contract and the maintenance period after the work is completed as contemplated in the conditions of the contract. Any change carried out by partners in the constitution of the firm without permission of Railway, shall constitute a breach of contract liable for determination of contract under clause 62 of General Conditions of Contract. c) Governing Laws The partnership firm agreement shall in all respect be governed by and interpreted in accordance with the Indian laws. d) No partner of the firm shall have the right to assign or transfer the interest right or liability in the contract without the written consent of the other partner and that of the Railway in respect of the tender/contract. 13. The tenderer shall clearly specify that the tender is submitted on behalf of a partnership concern. The following documents shall be submitted by the partnership firm, with the tender- a) A copy of registered/notarized partnership deed duly authenticated by notary. b) Power of Attorney duly stamped and authenticated by a Notary Public or by a Magistrate from all partners of the firm in favour of one or more of the partner(s) or any other person(s) as detailed in para (8) above. c) An undertaking by all the partners of the partnership firm shall be given that they have not been black listed or debarred by Railways or any other Ministry/Department of the Govt of India/any State Govt from participation in tenders/contract on the date of opening of bids either in their individual capacity or in any firm in which they were/are partners. Concealment/wrong information in regard to above shall make the contract liable for determination under clause 62 of General Conditions of Contract-1999. 14. Evaluation of eligibility of a partnership firm. Technical and financial eligibility of the firm shall be adjudged based on satisfactory fulfillment of the following conditions: i) Technical eligibility criteria The tenderer should satisfy either of the following criteria:- a) The partnership firm shall satisfy the full requirement of technical eligibility criteria (defined in para 2.3.4 (a) of special tender conditions and instructions for tenderers) in its own name and style; OR b) In case the partnership firm does not fulfill the technical eligibility criteria in its own name and style, but one of its partners has executed a work in the past either as a sole proprietor of a firm or as a partner in a different partnership firm, then such partner of the firm shall satisfy the technical eligibility criteria (defined in para 2.3.4 (a) of special tender conditions and instructions for tenderers) on the basis of his/her proportionate share in that proprietorship/partnership firm reduced further by his/her percentage share in the tendering firm. ii) Financial eligibility criteria The tenderer shall satisfy either of the following criteria:- a) The partnership firm shall satisfy the full requirements of the financial eligibility criteria (as defined in para 2.3.4 (b) of special tender conditions and instructions for tenderers) in its own name and style. OR b) In case the partnership firm does not fulfill the financial eligibility criteria in its own name and style, but one or more of its partners have executed a work/contract in the past either as sole proprietor or as partner in different firms, then the arithmetic sum of the contractual payments received by all the partners of the tendering firm, derived on the basis of their respective proportionate share in the such firms reduced further by their respective percentage share in the tendering firm, shall satisfy the full requirements of the financial eligibility criteria (as defined in para 2.3.4 (b) of special tender conditions and instructions for tenderers). -51- Northern Railway, Moradabad Division Tender documents downloaded through Website : www.nr.indianrailways.gov.in Signature of tenderer Example on Evaluation of Technical & Financial Eligibility of Partnership Firm A tendering partnership firm ABCD has four constituent partners namely A, B, C & D with their respective shares as 40%, 30%, 20% & 10%, but this firm has not executed any work in its own name and style. However, the constituent partners have executed the work in earlier partnership firm(s) or as sole proprietor as under:- (i) Partnership firm ABZ having three partners namely A, B & Z with respective shares of 10%, 20% & 70%, has executed a work of value Rs.10.00 crores earlier. (ii) Partnership firm CYX having three partners namely C, Y & X with respective shares of 50%, 30%, & 20%, has executed a work of value Rs.5.00 crores earlier. (iii) Sole proprietorship firm P having D as sole proprietor has executed a work of value Rs.2.0 Crores earlier. The evaluation of technical and financial eligibility of tendering firm ABCD shall be done by taking proportionate share of credentials of partners A, B, C and D derived from their earlier partnership firms to be reduced further by their percentage share in the tendering firm as calculated in table below :- 1 2 3 4 5 Partners Credentials of A & B derived from firm ABZ which has executed work of Rs.10.0 cr. Credentials of C derived from firm CYX firm which has executed work of Rs.5.0 cr. Credentials of D derived from Proprietorship firm P which has executed work of Rs.2.0 cr. Contribution of A, B ,C & D to credentials of tendering firm ABCD % share in firm ABZ Proportionate Credentials % share in firm CYX Proportion ate Credentials % share in firm P Proportionate Credentials % share in ABCD Proportionate Contribution to ABCD A 10% 10% of 10Cr. = 1.0 Cr. - - - - 40% 40% of 1 Cr =0.4Cr B 20% 20% of 10Cr. = 2.0 Cr. - - - - 30% 30% of 2 Cr. = 0.6 Cr C - - 50% 50% of 5 Cr= 2.5Cr - - 20% 20% of 2.5Cr. =0.5Cr. D - - - - 100% 100% of 2Cr= 2.0Cr 10% 10% of 2Cr. = 0.20Cr Evaluation of Technical Eligibility :- Any one of the partners of ABCD tendering firm viz A, B, C or D should satisfy the technical eligibility criterion on the basis of his/her proportionate share of credential in the earlier partnership firm reduced further by his percentage share in the tendering firm. As calculated in above table, the contribution of partners A, B, C & D towards the credentials of tendering firm ABCD will be taken as Rs. 0.40 cr., Rs. 0.60 cr., Rs. 0.50 cr., 0.20 cr respectively. Thus, in this example the firm ABCD is deemed to have executed one single work of maximum value of Rs 0.60 Cr. for the purpose of technical eligibility criteria. Evaluation of Financial Eligibility :- The arithmetic sum of the contribution of all the partners of tendering firm ABCD derived on the basis of their respective proportionate share in the earlier partnership firms reduced further by their respective percentage share in the tendering firm, in this example will be taken as Rs.1.70 Cr. (i.e. A+B+C+D = 0.40+0.60+0.50+0.20 = 1.70 cr.). Thus, in this example, the firm ABCD is deemed to have received contractual payments of Rs 1.70 Cr. for the purpose of financial eligibility criteria. END OF THE TENDER DOCUMENTS