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 Provision of platform shelter at Dasua & Mukerian on JUC-PTK section et.c under ADEN/PTK Tender Document No.6/25/10-11 Start of Tender Document Northern Railway TENDER DOCUMENT Tender Notice No. 25/10-11 Dated 10-03-2011 Name of Work: 6 Provision of platform shelter at Dasua & Mukerian on JUC-PTK section, Dinanagar & Batala on ASR-PTK section and provision of two bay platform shelter at Dasua on JUC-PTK section. Approximate cost -Rs.26,57,932/- Earnest money- Rs. 53,160/- Date of completion- 04Months . Approx Cost : Rs 26,57,932/-  Date of opening : 20-04-2011  Office of the Divisional Rail Manager Northern Railway, Firozpur Cantt (Punjab) Signature of the tenderer/s Page 1 of 46 Signature of DEN/ Sr. DEN-

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  Provision of platform shelter at Dasua & Mukerian on JUC-PTK section et.c under ADEN/PTK 

Tender Document No.6/25/10-11 

Start of Tender Document

Northern Railway

TENDER DOCUMENT

Tender Notice No. 25/10-11 Dated 10-03-2011

Name of Work: 6 Provision of platform shelter at Dasua & Mukerian on JUC-PTK section,

Dinanagar & Batala on ASR-PTK section and provision of two bay platform

shelter at Dasua on JUC-PTK section. Approximate cost -Rs.26,57,932/-

Earnest money- Rs. 53,160/- Date of completion- 04Months

Approx Cost : Rs 26,57,932/-

 

Date of opening : 20-04-2011 

Office of the

Divisional Rail Manager

Northern Railway, Firozpur Cantt (Punjab)

Signature of the tenderer/s Page 1 of 46 Signature of DEN/ Sr. DEN-

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NORTHERN RAILWAY

I N D E XSn Brief Description Page No.

1. Top sheet 3

2. Tender notice 4-7

3. Schedule for quoting rates 7-10

4. Schedule of items, rates & quantities 11

5 Tender Form (first sheet) 12

6 Special Tender Conditions and instructions to Tenderer/s 13

7 Documents required to be furnished alongwith the tenders failing

which tender will be treated as incomplete (Annexure -A)

14-34

8 Supplementary agreement (Annexure-B) 35

9 Declaration (Annexure -C)

10. Constitution of the firm (Annexure-D)

36

11. Details of Plant and Machinery already available with the firm (Annexure–E)

12. List of engineers/personnel already available/ proposed to be employed for

deployment on this work (Annexure –F)

37

13. Statement of works executed/completed by the contractors during last three

years (Annexure -G)

14 Statement of works being executed/in hand by the contractor/s (Annexure-H)

38

15 Detail of contractual payment received in last three financial year and current

financial year (Annexure-I)

39

16 Form of Electronic Clearing Service (Credit Clearing) (Annexure-J) 40

17 Guide lines for Joint Venture for tender costing more than Rs.5.00 Crores 

(Annexure-K)

41-42

18 Site Sketches (Annexure L) -

19 Special Conditions related to site data & specifications / Supply of Cement 43-46

Signature of the tenderer/s Page 2 of 46 Signature of DEN/ Sr. DEN-

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Tender Document No 6/25/10-11

TOP SHEET

Tender notice No 25/10-11 Dated:- 10-03-2010

(1) Name of work:- 6 Provision of platform shelter at Dasua & Mukerian on JUC-PTK section,

Dinanagar & Batala on ASR-PTK section and provision of two bay platform

shelter at Dasua on JUC-PTK section.

(1-A) Similar nature of work- Nil

(2) Approximate cost:- Rs. 26,57,932/-

(3) Completion period : 04- Month

(4) Earnest Money : Rs 53,160/-

(5) Date of opening : 20-04-2011

(6)  When was the partnership constituted and deed executed.

(7)  Whether partnership deed and power of attorney furnished with the tender?

(8)  The working contractors shouldsubmit a list of works with their

value and agreement number with

the tender.

(9)  Name and address of party to -------------------------------------

whom tender sold. -------------------------------------

Note: The above information may be furnished invariably by the tenderer(s) otherwise the tender

is likely to be rejected.

 Page No. 1 to46 _______ checked & found correct

Signature of the Supdt/Works Signature of the Tenderer/s 

Signature of the tenderer/s Page 3 of 46 Signature of DEN/ Sr. DEN-

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Northern Railway

OPEN TENDER NOTICE

Tender Notice No 25/10-11 Division Office

Dated 10-03-2011 Firozpur

Divisional Railway Manager, Northern Railway Firozpur, for and on behalf of the President of India

invites open tenders on prescribed tender form for the under noted works:

Name of Work 

1.  TRR(P) of existing 52 Kg/90 UTS SWP rails laid on PSC-6 sleepers M+4 density with

60Kg 90UTS LWR rails form Km (UP) 41.60 to 44.00, 47.00 to49.00,50.00 to 53.00,

59.00 to 60.12, 63.12 to65.00, 67.00 to 69.00 & 77.00 to 79.10 =14.50 Km and TSR(P) of 

the existing CST-9 sleepers M+7 density laid under 52 Kg rails with PSC-6 sleepers

(1660 Nos./Km) with elastic fastening including increasing the ballast cushion to 30 cm

with deep screening and recoupment of ballast form existing standard of 25 cm from Km

(DN) 82.75 to 84.40 & 86.00 to 88.06 = 3.71 Km between Cholang & Mirthal station on

JUC-PTK section under SE/P.Way/MEX. Approximate cost -Rs.47,37,853/- Earnest

money -Rs. 94,760/- Period of completion -09Months.

2.  Providing 3 Nos Pump house at CHKB=2, SJNP=1 and provision of rising main C.I.

pipe line to connect RCC Over Head Tank at CHKB in the section of ADEN//PTK.Approximate Cost -Rs. 21,85,684/- Earnest Money -Rs. 43710/- Period of completion

-03 Months.

3.  Repair to bed block catwalk floor of washing line No. 3& 1 at Jammu Tawi.

Approximate cost -Rs. 1784100/- Earnest money -Rs. 35680/- Date of completion -

06- Month.

4.  Various track work left by construction organization between JAT-VJPJ in doubling work 

of PTK–JAT . Approximate Cost -Rs. 26,51,134/- Earnest Money -Rs. 53020/- Period

of completion -06 Months.

5.  Modification of Kotkapura Yard in connection with entry connection of BTI-FKA line

with BTI-FZR line on Bathinda –Firozpur section. Approximate cost Rs.9,17,367/-Earnest money Rs.18,350/-.Date of completion 4-Month.

6.  Provision of platform shelter at Dasua & Mukerian on JUC-PTK section, Dinanagar &

Batala on ASR-PTK section and provision of two bay platform shelter at Dasua on JUC-

PTK section. Approximate cost -Rs.26,57,932/- Earnest money- Rs. 53,160/- Date of 

completion- 04Months..

7.  Construction of duty huts, gate lodge and providing & fixing Lifting Barriers on 09 nos.

Level crossing in c/w manning of 350 nos. unmanned L-xings in the section of 

ADEN/JRC. Approximate cost Rs.1,06,26,000/- Earnest money Rs. 2,03,130/- Date of 

completion- 5Month. Similar work- Any civil work other than track work.

8.  Construction of gate lodges, duty huts, providing & fixing lifting barrier & road work etc.i.c.w Manning of unmanned l-xing No. C-58, C-71, C-72, C-77/A, C-102, C-107 & C-

112 on JUC-PTK section under SSE/W/MEX ( Risk & Cost). Approximate cost 

Rs.39,24,338/- Earnest money Rs. 78,490/- Date of completion- 6Month.

9.  Crossing of 400 mm dia sewer pipe through 1000 mm dia MS heavy duty casing pipe

under the track near L-xing No. C-7 in Goniana Yard at Km 309/5-6 on BTI-FZR section

under SSE/ Works / KKP. Approximate cost Rs.42,00,000/- Earnest money Rs.

Signature of the tenderer/s Page 4 of 46 Signature of DEN/ Sr. DEN-

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84,000/- Date of completion- 4Month.

10.  Welding of rail joints in connection with CTR on BTI-FZR, KKP-FKA, CTR/TRR of 

loop lines on BTI-FZR, LDH-FZR and P.I work on LDH-FZR section in the jurisdiction

of ADEN-I/FZR section. Approximate cost Rs.20,07,300/- Earnest money Rs. 40,150/-.

Date of completion 5-Month.

Items wisecost of 

Tender documents.

Rs 2000/- (Rs. Two thousand only) per set for tenders at SN-3&5 only.Rs 3000/- (Rs. Three thousand only) per set for tenders at SN-1,2,4,6,8,9&10 only .

Rs 5000/- (Rs. Five thousand only) per set for tenders at SN- 7 only.

If required by post, Rs 500/- per set will be charged extra. The cost of tender document is

neither refundable nor the tender form is transferable. The tenders required by post will be on

risk of the applicant and railway will not be responsible for delay in transit or damage or loss of 

tender document sent by post.

Address of the

office from

where the

tender from can

be purchased

Tender forms can be purchased from the office of DRM/Engg, Northern Railway, Firozpur

Cantt (Punjab) on any working day starting from 06-04-2011 to 19-04-2011 from 10.30 hrs to

15.00 hrs and 10.30 hrs to 13.00 hrs on 20-04-2011. Tender documents will also be available on

web site www.nr.indianrail.gov.in. 

Date and time

for submission

of tender &

opening of 

tender

All the tenders will be received in the office of DRM/Engg, Northern Railway, Firozpur Cantt

(Punjab) up to 15 hours on 20-04-2011 and soon thereafter will be opened.

Note: - For works having advertised cost more than Rs. 50 lakhs.1 “As a proof of technical experience/competence, the tenderer should have completed successfully at least

one similar single work for a minimum value of 35% of advertised tender value, including cost of cement

and steel (if applicable), in last three financial years (i. e. Three previous financial years and current year,

up to the date of opening of the tender) ”.

2 “As a proof of sufficient financial capacity and organizational resources, tenderer should have received

total payment 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 (up to the date of 

opening of the tender) of a value (including the cost of cement and steel) if applicable, not less than 150%

of the advertised cost of work.

Tender notice is available on www.nr.indianrail.gov.in. Tender documents will also be availableon www.nr.indianrail.gov.in. from the date of sale of tender papers as specified.

For Divl. Railway Manager,

N. Rly, FirozpurNo.770-W/169/WADated: 10-03-2011

Copy to : - 

1.  The C.P.R.O., Northern Railway, State Entry Road, New Delhi along with 10 spare copies and soft copy

for publication in leading National Newspapers in India. One copy may please be sent to the Editor,

Indian Railways, P.B. No. 467, New Delhi for publication in Magazine. The cost is debitable to

03053320. Original advertisements published in various Newspapers may please be sent to this office as

soon as these are available for perusal. Tender notice may also be uploaded on web site please. Soft copy

of tender document is also enclosed in PDF format.

2. Pr. Chief Engineer/ N. Rly. Baroda House, New Delhi.

3. Chief Administrative Officer/Const, N .Rly. Kashmere Gate, Delhi.

4. Dy. Chief Engineer’s/C/ N.Rly. JUC, CDG, PTK, JAT & UHP

Signature of the tenderer/s Page 5 of 46 Signature of DEN/ Sr. DEN-

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5. Sr.DFM/N.Rly., Firozpur, kindly repute competent representative for opening of tender as per above.

6. All SrDENs, DENs, ADENs on FZR Division.

7. Divisional Railway Manager, All Divisions, Northern Railway.

8. Sr. DSC/RPF/FZR- please depute the staff for security on the above mentioned date.

9 All other Divisional Officers for information please.

10  EDPG/MSR(A), Railway Board for information please.

for Divl. Railway Manager,

N. Rly, Firozpur 

If the tenderer(s) deliberately give(s) a wrong information/wrong Credentials/Documents in his/their tender and

thereby create(s) circumstances for acceptance of his/their tender, Railway reserves the right to reject such tender

at any stage, besides, shall suspend the business with such tenderer (s) for One Year.

1 “JVs /Consortiums/MOUs shall not be considered” for the works having advertised cost less than Rs

five crore.

Tender forms completed in all respects should be submitted (in a sealed envelope super-scribing the name of 

work) in the tender box allotted for the purpose in the office of DRM/Engg, Northern Railway, Firozpur Cantt

(Punjab) upto 15.00 hrs on 20-04-2011 The tenders duly sealed in the prescribed manner above, may also be sent

through registered post so as to reach the above office not later than 15.00 hrs. on 20-04-2011. Any tender

received after prescribed time & date, is liable to be rejected.

No body carrying any sort of weapon including lathi etc. will be permitted anywhere in the office complex as well

as near to it. Not more than one representative of the tenderer will be permitted to witness the tender opening.

Mobile phone is not permitted in the tender opening room.

Tender notice is available on www.nr.indianrail.gov.in. Tender documents will also be available on this website

w.e.f. date of sale as specified.

For Divl. Railway Manager,

N. Rly, Firozpur 

Signature of the tenderer/s Page 6 of 46 Signature of DEN/ Sr. DEN-

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NORTHERN RAILWAY

SCHEDULE FOR QUOTING RATES

Name of work 6 Provision of platform shelter at Dasua & Mukerian on JUC-PTK section,

Dinanagar & Batala on ASR-PTK section and provision of two bay platform

shelter at Dasua on JUC-PTK section.

S.N. Description SOR Cost %age, rates quoted above/below

or, at par the N.Rly. Engg. Deptt.

Standard Rates.1996 Edition.

1 For all labour and material for all items of “Water

Supply & Sanitary ” of N.Rly. Standard schedule of 

rates –1996 (Corrected upto date) Approx. cost of 

works at par with SOR-96

10620/-

2 For all labour and material for all items of “Painting &

White Washing ” of N.Rly. Standard schedule of rates

–1996 (Corrected upto date) Approx. cost of works at

par with SOR-96

14333/-

3 For all labour and material for all items of “Brick Work 

” of N.Rly. Standard schedule of rates –1996

(Corrected upto date) Approx. cost of works at par with

SOR-96

8036/-

4 For all labour and material for all items of “Steel

works” of item no.1216/A & B of Ch.12 of N.Rly.

Standard schedule of rates –1996 (Corrected upto date)

Approx. cost of works at par with SOR-96

25820/-

5 For all labour & material for all “Other items” of N.Rly Standard schedule of rates-1996,

(Corrected upto date ) Approx. cost of works at par with SOR-1996a) Chapter 6 & 25

23755/-

b) Chapter 16 Kota Stone 156015/-

c) Remaining all other items 113865/-

NOTE:-

1.  I/We already understand that I/We are not entitled for any compensation to complete all such works allotted

to me/us within the stipulated period as specified in each work order/ agreement issued.

2.  The earnest Money of Rs. ________in favour of Sr. Divl. Finance Manager, Northern Railway Firozpur videcash receipt No._______ dated______ of deposited in form of Pay Order deposit receipt No.________

dated________.

Signature of the Contractor(s)

Signature of the tenderer/s Page 7 of 46 Signature of DEN/ Sr. DEN-

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Detail of SOR Items

Provision of platform shelter at Dasua & Mukerian on JUC-PTK section, Dinanagar & Batala onASR-PTK section and provision of two bay platform shelter at Dasua on JUC-PTK section.

Sr.No.SOR ItemNo. Qty Unit

1 2401(b) 170 Metre2 1014 1050 Sqm

3 1307(a) 17 Cum

4 1216 B 26.30 Qtl.

5 601(b) 2.75 Qtl.

6 630 1280 kg

7 635 1760 cm

8 1639(c) 900 Sqm

9 103 2160 Cum

10 109 1623 Cum

11 115 951 Cum

12 920 120 Sqm.

13 960 120 10Sqm

14 1114 70.60 Cum

15 1201 67.82 Cum

16 1206 1.60 Cum

17 1216 20.62 Qtl.

18 1226 61.80 Cum

19 1227 53.592 Cum

20 1524 47 Sqm

21 1744 60 10Sqm

22 1942 105.00 Metre

23 1952(c) 44 Metre

24 1955(c) 22 Each

Signature of the tenderer/s Page 8 of 46 Signature of DEN/ Sr. DEN-

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NORTHERN RAILWAY

SCHEDULE FOR QUOTING RATES

Name of work- 6 Provision of platform shelter at Dasua & Mukerian on JUC-PTK section,

Dinanagar & Batala on ASR-PTK section and provision of two bay platform

shelter at Dasua on JUC-PTK section.

S.N. Description of NS items of schedule "B" Qty Unit Rate

NS/1 Complete rate for providing ,laying & fixing precoated metacoloursheet or equivalent (0.55mm th.) trapizorded G.I. sheet with polystertape foot & albyed (off white colour) having depth 31mm to 38 mm

and pitch 186mm to 196mm including fixing of ridges /valley gutters /eve gutters of precoated metacolour sheet or equivalent (0.55mm th.)trapizorded G.I. sheet, fixing to be done by using self taping screw of 

size 3mm dia 25/50 mm along with hexagonal head and chrome tinnedmetal ie.washer/self tapping screw at 500mm c/c including all labourand material as a complete job.Nothing to be paid extra in case what

so ever. (Note:- Measurement will be done taking the finshed surface

area at steel roof which will included ridges gutter, every gutter /evegutter.

1300 Sqm. 683.84

NS/2 Item rate for Precast RCC bench of KK/KONKRETE or equilevantmake (chair type) with back rest, manufactured by using M-30 gradeof concrete & reinforced suitably to prevent damaged during handling

transportation,execution & long use of the bench, consisting of twonos. L-shape base supports in grey cement colour of thickness 100mm,back height 1000mm & front heightn 450mm base width 620mm andfive nos. RCC planks in red colour of size 1500x100x50mm. All parts

are joined together with galvanized nuts & bolts of suitable size. Allbolts are sealed after assembly seating length of the bench is 1500mm.Seating height of the bench is 450mm. Total height of the bench is1000mm. Note:- The item include all taxes,octroi,excise

duty,transportations, leading, loading, unloading andhandling/rehandling etc.. So nothing extra will be paid to affect this

item what so ever the case may be.

36 Each 7705.00

NS/3 Supplying & using cement PPC-43/53 grade as per specifications

mensioned in special conditions related to the site data andspecifications and conferming to IS:1489-1991, of specified makeviz.Ambuja, ACC, Vikram, Lakshmi, Birla, JK or equivalent (as

approved by Engineer Incharge of the work.) Including Loading,Leading etc. to the site of work at Dasua (exact location of the work)Railway premises, unloading, stacking, further handling from site storeto site of work as a complete job. The rate includes all taxes, octroi,

sale tax etc. This item shall be operated in c/with execution of relevantcivil SOR and N.S. items of CC/RCC in contract schedule. NOTE :-100% material will be passed by ADEN incharge of the work beforebeing put in to the work. For this purpose a material passing registershall be maintained at site.

984 Bag 291.92

Total amount of NS items=Rs. 1453621/-

Rates in figs:-_________________

Rates in words:-__________________%age above/below or at par.

Signature of the tenderer/s Page 9 of 46 Signature of DEN/ Sr. DEN-

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Note

1 Contractor to quote a single rates for all NS items of schedule "B" I.e. %age/Above/Below/At par.

2 Payment for various NS items of schedule "B"shall be on the basis of rates indicated in above table dulymodified by %age of above/below or at par accepted by Railway administration.

3 Break of the rates if quoted for various NS items of schedule "B" by the party shall be considered as a

conditional offer and shall be summarily rejected.

4 If pozzolana portland cement used, the 98% payment of the accepted rate will be paid.

5 If there is any discrepancy during down loading the tender then original tender will prevail over it

6 The quality control of concrete items should be in accordance with guide lines given in IS 456 updated till date. No payment should be released till cube strength are received and they are as specified in IS 456 updated till

date. All testing required will be done at contractors own cost from government authorised laboratories.Engineer at site will maintain detailed records of it at site

Note: -

(1)  The tenderer/s will quote only one percentage rate above/below/at par with the basic amount, separate foreach sub-group (Schedule) above, failing which his/their offer will be treated as incomplete and shall be

summarily rejected.

(2)  The quantities indicated in the above schedule are approximate. The Railways reserve the right to alter the

same as per requirement of site conditions, for successful completion of the work.

(3) In case tender documents have been downloaded from Internet, clause _______ and _______ of Special

tender conditions and instructions to tenderers should be gone through carefully before tendering.

I/We clearly understand that I/We am/are not entitled to any other payment on any account whatsoever

except at the tendered rates for fully completed works as per conditions of contract.

Signature of the Tenderer/s

Address: ___________________

Signature of the tenderer/s Page 10 of 46 Signature of DEN/ Sr. DEN-

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Schedule of items, rates and quantities

Name of work :- 6 Provision of platform shelter at Dasua & Mukerian on JUC-PTK section,

Dinanagar & Batala on ASR-PTK section and provision of two bay

platform shelter at Dasua on JUC-PTK section.

S.No. SOR

Items

Description Unit Qty Rate Amount

Schedule 'A' (All SOR items of civil work)

Total cost of Schedule “A” (All SOR items of 

all chapters of SOR for civil work), Rs

As above

Schedule 'B' (All NS items of civil work)

Total cost of Schedule ‘B’ (All NS items of 

civil work), Rs

As above

Signature of the tenderer/s Page 11 of 46 Signature of DEN/ Sr. DEN-

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NORTHERN RAILWAYTENDER FORM (FIRST SHEET)

The President of India,

through

Divisional Railway Manager

N.R.,Firozpur Cantt

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(Ninety) 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 this work “As On Top Sheet” for Northern Railway  at the rates quoted in the

attached schedule and hereby bind myself/ourselves to complete the work in all respects with in completion

period as mentioned in Top Sheet 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 printed/advance

correction slip 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

Northern Railway Works Hand Book corrected up to printed/advance correction slip, for Schedule of Rates

corrected up to printed/advance correction for the present contract.

3.1  Earnest money amount As On Top Sheet i.e. (a) 2% for works estimated to cost up to Rs.1 Crore) and (b) for

works estimated to cost more than Rs. 1 Crore -Rs. 2 lakhs plus 1/2 % (half percent) of the excess of the

estimated cost beyond Rs.1 Crore, subject to a maximum of Rs.1 Crore, rounded off to nearest Rs. Ten 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: -

(a)  I/We do not execute the contract documents within Fifteen days after receipt of the notice issued by

the railway that such documents are ready and

(b)  I/We do not commence the work within fifteen days after receipt of orders to that effect.

(c)  I/We resile from my/our offer or modify the terms and conditions thereof in a manner not acceptable

to the Northern Railway during a period of 90 (Ninety) days from the date of opening of the tender.

(d)  I/We do not submit a performance Guarantee in the form of an irrevocable Bank guarantee amounting

to 5% of contract value as per the performa as prescribed by the Railways, before signing of agreement

which should be normally about 15 days after the issue of letter of acceptance and the performanceguarantee shall be initially valid upto to stipulated date of completion plus 60 days beyond that, in

case, the time for completion of work gets extended, the contractor shall get validity of performance

guarantee extended to cover such extended time for completion of work plus 60 days.

4. The amount of earnest money in the form of cash lodged with Divisional Cashier, Northern Railway, Firozpur

Cantt 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 the 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.

Signature of the Tenderer/sAddress (complete postal address to be given)

Dated:

Signature of Witnesses:-

1.________________________________

2.________________________________ 

Signature of the tenderer/s Page 12 of 46 Signature of DEN/ Sr. DEN-

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NORTHERN RAILWAY

SPECIAL TENDER CONDITIONS AND INSTRUCTIONS TO TENDERERS

1.0  DETAILS OF WORKS

Tenders are invited for the work as per details on TOP SHEET.

2.1  TENDER DOCUMENTS

2.2  SUBMISSION OF TENDERS

2.2.1  The tender documents consist of (a) Tender form first sheet (b) Special tender conditions and instruction

tenderer/s (c) Special conditions relating to site data and specifications (d) Schedule of Rates, Schedul

Quantities. These must be submitted together as one set, failing which the tender is liable to be rejected.

2.1.2 Tender documents can be obtained from the office of the Divisional Rail Manager/Engg, N.Rly, Firoz

Cantt on any working day during specified office hours i.e. 10.30 hours to 15.00 hours from 06-04-201

19-04-2011 and 10.30 Hours to 13.00 hours on 20-04-2011_on cash payment of Rs.___3000/- (Rs __ _ ofor each set and Rs.__ 3500____/-(Rs. ____ _______) only if required by post. The cost of this tender for

not transferable or refundable. Request for tender by post must accompany draft of  Rs.__ 3500 ____ /-(Rs.

_______) only in favour of Sr. Divisional Finance Manager, N.Rly, Firozpur Cantt, payable at FZR.

2.1.2(a) Cost of Tender Documents: 

Tender documents are available on Northern Railway website i.e. www.nr.indianrail.gov.in. and the s

can be downloaded and used as tender document for submitting the offer. This facility is available free of c

However the cost of tender document as indicated above in para 2.1.2 will have to be deposited by the tender

the form of bank draft payable at FZR in favour of Sr.Divisional Finance Manager N.Rly Firozpur along

the tender document. This should be paid separately and not included in the earnest money. In case, tender is

accompanied with the cost of the tender document as detailed above, tender will be summarily rejected

2.1.3  These tender documents must be submitted duly completed in all respects in a sealed cover super scribe

tender form for the work ‘AS ON TOP SHEET’ and should be deposited in the tender box in the office ofDivisional Rail Manager/Engg, N.Rly, Firozpur on or before up to 15.00 hours on Date of opening “AsTop Sheet”. The tender will be opened soon thereafter in specified office(s) simultaneously and rates read o

the presence of such tenderer/s as is/are present. Tenders which are received after the time and date spec

above may not be considered. In case the advertised date for opening of tenders is declared a holiday, the ten

will be opened on the next working day at the same time and place.

2.1.4  Tenders sealed and superscribed as aforesaid can also be sent by registered post addressed to the Offic

Divisional Rail Manager/Engg, Northern Railway, Firozpur Cantt (Punjab) on or before up to 15.00hr

Date of opening “As On Top Sheet”, but a tender which is received after the time and date of specified in

2.1.3 above may not be considered. Any tender delivered or sent otherwise will be at the risk of the tenderer/

2.2  COMPLETION OF TENDER DOCUMENTS :

2.2.1  The tenderer/s shall quote rate/s, in figures as well as in words, for all labour and materials, separate for var

Schedules/Sub-Schedules in the attached Schedule of Item, Rates and Quantities. Every possible fluctuatiothe rate of labour, material and general commodities and other possibilities of each and every kind which

affect the rates, should be considered and kept in view before quoting the rates and no claim on this account s

be entertained by the Railway under any circumstances except the price escalation payable as per price escala

clause, if any, provided separately in the tender documents.

2.2.2.  The rate/s should be quoted in figures as well as in words. If there is any variation between the rates quote

figures and in words, the rates quoted in ‘Words’ shall be taken as correct. If more than one rates or impr

rates are tendered for the same items, the tender is liable to be rejected.

Signature of the tenderer/s Page 13 of 46 Signature of DEN/ Sr. DEN-

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In case, the tenderer/s quote/s multiple rates, the offer will be treated as incomplete and shal

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

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 correct

made by the tenderer/s in his/their entries should be in Ink and must be attested by him/them under full signa

and date.

2.2.5.  Additional conditions or stipulations if any must be made by the tenderer/s in a covering letter with the ten

The Railway reserves the right not to consider conditional tenders and reject the same without assigning

reason. Only those additional conditions which are explicitly accepted by the Railway shall form part o

contract.

2.3  CREDENTIALS TO BE SUBMITTED ALONGWITH TENDERER/S2.3.1  Tenderer/s should enclose documents and certificates to show that he/they has/have satisfactorily carried

works of the type involved in the construction of the work being tendered for. He/they should also produce p

to the satisfaction of the Railway of his/their technical ability and financial stability to undertake the work of

magnitude tendered for.

2.3.2  The tenderer/s shall submit with his/their tender a list of serviceable machinery, tools and plants, equipment’s

vehicles he/they has/have in hand for executing the work and those he/they intends/intend to purchase.

2.3.2.(A) The tenderer/s must submit, along with his/their tender:-

i.  Statement showing similar works executed by him/them.ii.  Certificates of successful completion of his/their work 

iii.  A statement of all payments received against all successfully completed work/works in progress o

types (not necessarily similar in type of work in this tender) indicating the organization/ units f

which the payments have been received. Necessary certificates in this regard, from the authorities

made the payments for three preceding years should be enclosed, duly attested.

iv.  List of their Engineering organization and equipment’s, construction tools and plants available

them.

v) Technical eligibility criteria ( for works having advertised cost more than Rs. 50 Lkh,)

(a) As a proof of technical experience/competence, the tenderer should have successfully complete

least one similar single work for a minimum value of 35% of advertised tender value, inclusive of

of cement and steel, in last Three Financial Years (i.e. Three Previous Years and Current year u

the date of opening of the tender).The similar nature work:-“_As On Top Sheet”.

(b) The following will be applicable for evaluating the eligibility.

i)  Similar nature of work physically completed within the qualifying period, i.e. last three financial years

current financial year (even though the work might have commenced before the qualifying period) sh

only be considered in evaluating the eligibility criteria.

ii)  The total value of similar nature of work completed during the qualifying period and not the paym

received within qualifying alone, should be considered. In case, the final bill of similar nature of work

not been passed and final measurements have not been recorded, the total paid amount including statu

deductions is to be considered. If final measurements have been recorded and work has been comp

with negative variation, then also the paid amount including statutory deductions is to be considered.

However, if final measurements have been recorded and work has been completed with positive varia

but variation has not been sanctioned, original agreement value or last sanctioned agreement vwhichever is lower should be considered for judging eligibility.

iii)  In case of composite works involving combination of different works, even separate completed work

required value should be considered while evaluating the eligibility criteria.

For example, in a tender for bridge work where similar nature of work has been defined as bridge w

with pile foundation and PSC superstructure, a tenderer, who had completed one bridge work with

foundation of value at least equal to 35% of tender value and also had completed one bridge work w

Signature of the tenderer/s Page 14 of 46 Signature of DEN/ Sr. DEN-

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PSC superstructure of value at least equal to 35% of tender value should be considered as having fulf

the eligibility criterion of having completed single similar nature of work.

2.3.2 (A) (vi) Financial Eligibility Criteria. ( for works having advertised cost more than Rs. 50 Lkh,)

As a proof of sufficient financial capacity and organizational resources, contractor should have rece

the total payments against satisfactory execution of all completed/ongoing works of all types (not conf

to only similar works) during the last three financial years and in the current financial year (upto the

of opening of the tender) of a value not less than 150% of the advertised cost of work including the co

cement and steel.

vii) For judging the technical eligibility and financial capability only those works which had been executed

the Govt. or Semi Govt. organizations shall be considered and the tenderer will submit the certificat

this effect from the officer concerned duly signed under the official seal. It should be noted

credentials for the works executed for Private Organizations shall not be considered.

viii)  The tenderer/s/contractor shall submit a statement of contractual payment received during the last t

financial years and current year on the prescribed Performa as detailed at Annexure-I. The details shal

based on the form 16-A issued by employer i.e. the certificate of deduction of tax at a source under Sec

203 of the Income Tax Act, 1961. The photocopies of the form 16A shall be enclosed duly atteste

Notary public with seal and Notarial stamps thereon.

ix)  If a tenderer has completed a work of similar nature where cement and steel was issued by department

of cost, tenderer must submit the completion certificate indicating cost of these materials and total co

work (including cost of cement/steel) shall be considered to decide eligibility or otherwise.x) The overall financial soundness of the tenderers will be evaluated based upon the volume of the w

handled, turn over, balance sheet etc. tenderers will accordingly furnish these particulars for the last t

years (i.e. current year and three previous financial years) duly supported by latest audited results/bala

sheets.

xi) Tenderer has to satisfy the eligibility criteria for technical capability and competence as well as

financial capacity and organizational resources.

xii) If the tenderer is a JV/Consortium, each partner of JV/Consortium should have good credentials and

JV/Consortium should meet the technical and financial criteria as per the guidelines given in Annexure-

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

constitution of their concern, partnership deed and power of attorney with their tender. Tender documents in

cases are to be signed by such persons as may be legally competent to sign them on behalf of the firm, compassociation or society as the case may be Co-operative societies must likewise submit a attested copy of t

certificate of registration alongwith 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

composition of the firm made subsequent to the execution of the contract. The Railway may however recog

such power of attorney and change after obtaining proper legal advise, cost of which will be chargeable to

contractor.

JVs/ Consortiums/ MOUs shall be considered in accordance with Tender Notice / approved ten

conditions.

2.4.2. (a) If the tenderer expires after the submission of his tender or after the acceptance of his tender, the Railway

deem such tender/contract as cancelled, if a partner of firm expires after the submission of their tender,

Railway shall deem such tender as cancelled unless the firm retain its character.2.4.2 (b) If the contractor’s firm is dissolved on account of death, retirement of any partners or for any reason what

ever before fully completing the whole work or any part of it, undertaken by the principal agreement

surviving partners shall remain jointly/severally and personally liable to complete the whole work to

satisfaction of the Railway due to such dissolution. The amount of such compensation shall be decide

Divisional Rail Manager N.Rly Firozpur Cantt and his decision in the matter shall be final and binding on

contractor.

Signature of the tenderer/s Page 15 of 46 Signature of DEN/ Sr. DEN-

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2.4.2. (c ) The cancellation of any documents such as power of attorney, partnership deed etc., shall forth

communicated to the Railway in writing, failing which the Railway shall have no responsibility or liability

any action taken on the strength of the said documents.

2.4.2. (d) The value of contract and the quantities given in the attached schedule of items, rates and quantities

approximate and are given only as a guide. These are subject to variations/additions and omission. The quan

of work to be actually carried out shall not form the basis of any dispute regarding the rates to be paid and s

not give rise to claim for compensation on account of any increase or decrease either in the quantity of in

contract value.

 2.5  INCOME TAX DEDUCTION 2.5.1 Under Section 194-C of the Income Tax Act 1961 deduction of 2% plus surcharge as applicable on Income

will be made for sums paid for carrying out the work under this contract. In case of supply contract for bal

deduction of 2% (Two Percent) Income tax will be made for the sums paid for labour portion only (i.e., load

unloading, stacking, measurement and laying etc).

3.0 EARNEST MONEY:

3.1 The tender must be accompanied by a sum of Rs._________ /- (Rs. _______________________________on

2% for works estimated to cost up to Rs.1 Crore) and for works estimated to cost more than Rs. 1 Crore -R

lakhs plus 1/2 % (half percent) of the excess of the estimated cost beyond Rs.1 Crore, subject to a maximu

Rs.1 Crore, (as indicated in tender notice ) as earnest money in the manner prescribed in para 3.2. failing w

the tender shall be summarily rejected. The earnest money shall be rounded to the nearest Rs 10.

3.1.1  Labour Co-operatives are required to deposit only 50% of the earnest money as referred to clause 3.1 above.

 3.1.2 The tenderer/s shall keep the offer open for a period of 90 days from the date of opening of the tender in whperiod tenderer/s cannot withdraw his/their offer subject to period being extended further, if required, by mu

agreement from time to time. It is understood that the tender documents have been sold/issued to the tende

and tenderer/s is/are being permitted to in consideration of stipulation on his/their part that after submi

his/their offer he/they will not resile from his/their offer or modify the terms and conditions thereof in a ma

not acceptable to Northern Railway should the tenderer/s fail to observe to comply with the foreg

stipulation or fail to undertake the contract after acceptance of his/their tender the entire amount deposite

earnest money for the due performance of the stipulation and to keep the offer open for the spec

period, shall be forfeited to the Railway.

If the tender is accepted, the amount of all earnest money will be retained as initial security deposit for

and faithful fulfillment of the contract. The earnest money of unsuccessful tenderer/s will, save as he

before provided be returned to the unsuccessful tenderer/s within a reasonable time, but Railway shal

be responsible for any loss or depreciation that happen to the earnest money for the due performance of

stipulation and to keep the offer open for the period stipulated in the tender documents while in Railpossession nor will 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

with the Divisional Cashier, Northern Railway, Firozpur Cantt on any working day before 12.00 Hr

__________ or in any of the following forms:-

(i)  Deposit receipts, pay orders & demand drafts. These forms of earnest money could be eith

the State Bank of India or of any of the Nationalized Banks or by a Scheduled Bank.

confirmatory advice from Reserve Bank of India will be necessary.

(ii)  The above instruments should be pledged in favour of Sr.Divisional Finance Manager N

Firozpur Cantt.

(iii)  The official cash receipts having a mention of the firm/individual who has deposited the cas

the Deposit Receipt, Pay Order or Demand Draft as mentioned above, as the case may be, i

be attached with the tender, failing which, tender will be summarily rejected.N O T E:-1. Tenders submitted with Earnest Money in any form other than those specified above shall no

considered.

2. Any request for recovery from outstanding bills for earnest money against present tender will

under any circumstances, be entertained.

3. No interest will be payable upon the Earnest Money and Security Deposit or amount payable to

contractor under the Contract.

Signature of the tenderer/s Page 16 of 46 Signature of DEN/ Sr. DEN-

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3.3 The previous deposits of earnest money may be considered for adjustment against the present tender if so desire

the tender/s only when the earlier tender has been finalized and the earnest money deposited has actually bec

available without any attachment and there is no change in the constitution of the parties seeking adjustment.

4.0  ACCEPTANCE OF TENDER:

4.1  “IF THE TENDERER/S DELIBERATELY GIVES A WRONG INFORMATION/ WH

CREDENTIALS/DOCUMENTS IN HIS/THEIR TENDERS AND THEREBY CREATE (S) CIRCUMSTANCES

ACCEPTANCE OF HIS/THEIR TENDER, RAILWAY RESERVES THE RIGHT TO REJECT SUCH TENDER AT ASTAGE, BESIDES, SHALL SUSPEND THE BUSINESS FOR ONE YEAR”.

4.2  The authority for acceptance of tender rests with Divisional Railway Manager/ Additional Divisional Rai

Manager/Sr. Divisional Engineer/Any Authority as per specified SOP as the case may be who does not undertakassign reasons for declining to consider any particular tender or tenders. He also reserves the right to accept the tendwhole or in part or to divide the tender amongst more than one tender if deemed necessary.

4.3  The successful tenderer/s shall be required to execute an agreement with the President of India acting through the Divis

Railway Manager/ Additional Divisional Railway Manager/ Sr. Divisional Engineer/ Any Authority as per specSOP for carrying out of the work as per agreed conditions. The cost of stamp for the agreement will be borne by the NortRailway.

4.3.1  The contract operation and proceedings in connection with the work shall at all times be conducted during the continuanc

contract in accordance with the laws, ordinance, rules and regulations for the time being in force and the contractor further observe and comply with the bye-laws and regulations of the Govt. of India, State Govt. and of Municipal/authorities having jurisdiction in connection with the work(s) or site over operations such as these are carried out bycontractor/s and shall give all notice required by such bye-laws and regulations. The Hospital and medical regulations in

for the time being shall also be complied with by the contractor/s and his workmen.4.3.2  The contractor shall be responsible for the observance of the rules and regulations under mines act and mineral rules

Indian Metallurgical rules and regulations of State/Central Govt. concerned as amended from time to time.

4.3.3  The contractor shall at all times keep the Railway administration indemnified against all penalties that may be imposed bGovt. of India or State Govt. for infringements or any of the clause of the mines act and rules made there under in respequarries from which the ballast for these works is procured.

4.4  The tenderer/s shall not increase his/their rate in case the Railway Administration negotiates for reduction of rates. S

negotiations shall not amount to cancellation or withdrawals of the original offer and rates originally quoted will be bindinthe tenderer/s.

4.5  The tenderer/s shall submit an analysis of rates called upon to do so.4.6  A corrigendum shall be issued in case the increase in quantity in one or more items result an extra expenditure in exce

10% of the value of the contract or Rs.50,000/- whichever is less. For the purpose of assessing the increase in the quantitythe increase in the value of contract only such of the items in which there is any increase shall be taken into account andsaving in other items ignored.

4.7  Non-compliance with any of the conditions set forth here in is liable to result in the tender being rejected.4.8 Variation in quantities:

The procedure detailed below shall be adopted for dealing with variation in quantities during execution of works contract:4.8.1 Individual NS items in contracts shall be operated with variation of plus or minus 25% and payment would be made as p

agreement rate. For this, no finance concurrence would be required.

4.8.2 In case an increase in quantity of an individual item by more than 25% of the agreement quantity is considered unavoidthe same shall be got executed by floating a fresh tender. If floating a fresh tender for operating that item is considerepracticable, quantity of that item may be operated in excess of 125% of the agreement quantity subject to the follo

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

S.A. Grade.

(i) Quantities operated in excess of 125% but upto 140% of the agreement quantity of the concerned item, shall be p98% 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 p96% 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 exceptunavoidable circumstances with the concurrence of associate finance and shall be paid at 96% of the rate awardethat 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 ooverall contract value.

(c)  Execution of quantities beyond 150% of the overall agreement value should not be permitted and, if found necessary, sbe only through fresh tenders or by negotiating with existing contractor, with prior personal concurrence of FA&CFA&CAO(C) and approval of General Manager.

4.8.3  In case where decrease is involved during execution of contract:

Signature of the tenderer/s Page 17 of 46 Signature of DEN/ Sr. DEN-

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(a) The contract signing authority can decrease the item 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 thanof S.A. Grade may be taken, after obtaining ‘No Claim Certificate’ from the contractor and with finance concurrence, gdetailed 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.

4.8.4 The limit of varying quantities for minor value items shall be 100% (as against 25% prescribed for other items). A minor item for this purpose is defined as an item whose original agreement value is less than 1% of the total original agreevalue.

4.8.5 No such quantity variation limit apply for foundation items.4.8.6 As far as SOR items are concerned, the limits of 25% would apply to the value of SOR schedule as a whole and nindividual SOR items. However, in case of NS items, the limit of 25% would apply on the individual items irrespective omanner of quoting the rate (single percentage rate or individual item rate)

4.8.7 For the tender accepted at Zonal Railway level, variations in the quantities will be approved by the authority in whose po

revised value of the agreement lies.4.8.8 For tender accepted by General Manager, variations upto 125% of the original agreement value may be accepted by Ge

Manager.4.8.9 For tenders accepted by Board Members and Railway Minister, variation upto 110% of the original agreement value m

accepted by General Manager.4.8.10 The aspect of vitiation of tender with respect to variation in quantities should be checked and avoided. In case of vitiati

the tender (both for increase as well as decrease of value of contract agreement), sanction of the competent authority asingle tender should be obtained.

5.0  Security deposit and performance Guarantee on Acceptance of Tender

5.1  The security deposit/rate of recovery/mode of recovery on acceptance of tender shall be as under:

The total security deposit recoverable from a contractor including the amount of earnest money deposited with the tend

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 of the Contract, sha

released to the contractor only after the expiry of the maintenance period and after passing the final bill based on ‘ no ccertificate’. Thus before releasing the SD, an unconditional and unequivocal no claim certificate form the contra

concerned should be obtained. The competent authority should issue the certificate regarding the expiry of the maintenperiod and passing of the final bill based on ‘ no claim certificate’. The competent authority shall be the authority whcompetent to sign this contract. If the competent authority is of the rank lower than JA grade, then a JAG officer/Senior Sofficer holding independent charge (concerned with work) should issue the certificate.

Note: (i) After the work is physically completed , security deposit recovered from the running bills of a contractor can

returned to him if he so desires, in lieu of FDR/irrevocable Bank Guarantee for equivalent amount to be submitte

him.

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 bill of the contract and no other mode of collectinsecurity deposit such as security deposit in the form of instruments like BG, FD etc. shall be accepted towardssecurity deposit.

i)  In case of contracts of value Rs.50 Crore and above, irrevocable Bank Guarantee can also be accepted as a mod

obtaining security deposit.

5.2.  Performance Guarantee:

The procedure for obtaining Performance Guarantee is outlined below:-(a)  The successful bidder shall have to submit a Performance Guarantee (PG) within 30 (thirty) days from the date of iss

Letter Of Acceptance (LOA). Extension of time for submission of PG beyond 30 (thirty) days and upto 60 days from the

of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal inter15% per annum shall be charged for the delay beyond 30 (thirty) days, ie from 31st day after the date of issue of LOA. In

the contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the contract shaterminated duly forfeiting EMD and other dues, if any payable against that contract. The failed contractor shall be debfrom participating in re-tender for that work.

(b)  The successful bidder shall submit the Performance Guarantee(PG) in any of the following forms, amounting to 5% o

contract value:(i)  A deposit of cash;(ii)  Irrevocable Bank Guarantee;

Signature of the tenderer/s Page 18 of 46 Signature of DEN/ Sr. DEN-

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(iii)  Government Securities including State Loan Bonds at 5% below the market value;

(iv)  Deposit receipts, Pay Orders, Demand Drafts and Guarantee Bond. These from of Performance Guarantee coueither of the State Bank of India or of any of the Nationalized Banks;

(v)  Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Bank;(vi)  A Deposit in the Post office Saving Bank;

(vii)  A Deposit in National Saving Certificates;(viii)  Twelve years National Defence Certificates;(ix)  Ten years Defence Deposits.

(x)  National Defence Bonds and(xi)  Units Trust Certificates at 5% below market value or at the face value whichever is less.Also, FDR in favour of FA&CAO ( free from any encumbrance) may be accepted.

NOTE: The instruments as listed above will also be acceptable for guarantees in case of Mobilization Advance.(c)  The Performance Guarantee shall be submitted by the successful bidder after the Letter of Acceptance(LOA) has been is

but before signing of the contract agreement. This P.G. shall be initially valid upto the stipulated date of completion pludays beyond that. In case, the time for completion of work gets extended, the contractor shall get the validity of P.G. exteto cover such extended time for completion of work plus 60 days.

(d)  The value of PG to be submitted by the contractor will not change for variation upto 25% (either increase or decrease). In

during the course of execution, value of the contract increases by more than 25% of the original contract value, an additPerformance Guarantee amounting to 5%(five percentage) for the excess value over the original contract value shadeposited by the contractor

(e)  The Performance Guarantee (PG) shall be released after physical completion of the work based on ‘Completion Certifi

issued by the competent authority stating that the contractor has completed the work in all respects satisfactorily. The SeDeposit shall, however, be released only after expiry of the maintenance period and after passing the final bill based on

Claim Certificate’ from the contractor.(f)  Whenever the contract is rescinded, the Security deposit shall be forfeited and the Performance Guarantee shall be enca

The balance work shall be got done independently without risk & cost of the failed contractor. The failed contractor shdebarred from participating in the tender for executing the balance work. If the failed contractor is a JV or a Partnership

then every member/partner of such a firm shall be debarred from participating in the tender for the balance work in hisindividual capacity or as a partner of any other JV/partnership firm.

(g)  The engineer shall not make a claim under the Performance Guarantee except for amount to which the President of Indentitled under the contract (not withstanding and /or without prejudice to any other provisions in the contract agreement) i

event of :(i) Failure by the contractor to extended the validity of the Performance guarantee as described herein above, in w

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 determ

under any of the Clauses/ Conditions of the Agreement, within 30 days of the service of notice to this effe

Engineer.(iii)  The Contract being determined or rescinded under provision of the GCC, the Performance Guarantee sha

forfeited in full and shall be absolutely at the disposal of the President of India. 5.3  Exemption of Earnest Money & Security Deposit:

Public Sector Undertakings wholly owned by Railways like RITES, IRCON, Konkan Railway Corpora

Limited, CRIS, Rail-Tel Corporation etc. are exempted from depositing Earnest Money & Security Deposit.

 5.4  Whenever the Railways PSUs are awarded works contracts by Railways, on single tender basis, they

exempted from the requirements of submitting performance guarantee.

However, in the event of failure of the Railway PSU to successfully execute the contract as per terms

conditions laid down in the agreement, a penalty equivalent to 5% of the original value of contract woul

levied.

If Railway PSUs are awarded contract through competitive bidding (open tender, special limited tender etc.)

normal rules regarding submission performance bank guarantee as applicable to other tenderer/s shal

applicable to these PSUs.

6.0  CONDITIONS OF CONTRACT AND SPECIFICATIONS;

6.1 Except where specifically stated otherwise in the tender documents the work is to be carried in accordance

(i) Northern Railway General Conditions of contract regulations and instructions for tenderer/s and stan

form of contract 1999 amended from time to time & upto date(ii) Northern Railway Standard Schedule of R

1996 amended from time to time & upto date and (iii) Northern Railway standard Specifications for material

works 1987 copies of all these publications can be obtained from the Divisional Railway Manager N.Rly o

Firozpur Cantt on payment as under:-

Signature of the tenderer/s Page 19 of 46 Signature of DEN/ Sr. DEN-

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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 cha

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 add

to documents referred to in clause 6.1 above. Where there is any conflict between special tender condit

regarding instructions to tenderer/s, Special conditions relating to site data and specifications and the stipulat

contained in the schedule of rates and quantities on the one hand and the Northern railway Standard specificat

for Materials and works 1987 the General Conditions of Contract 1999 etc. and the Standard Schedule of Rate

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 Divisional Railway Manager Firozpur Cant

should be noted by tenderer/s that these drawings are meant for general guidance only and the railway

suitably modify them during the execution of the work according to the circumstances without making

Railway 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

conditions of soil, difficulties involved due to inadequate stacking space, due to built up area around the

availability of materials water and labour probable sites for labour camps, stores, godowns, etc. They should

satisfy themselves as to the sources of supply and adequacy for their respective purpose of different mate

referred in the specifications and indicated in the drawings. The extent of lead and lift involved in the execu

of works and any difficulties involved in the execution of work should also be examined before formulating

rates for complete items of works described in the schedule. 

7.3.1. Fencing at work: Contractor(s) while executing the work of gauge conversion/doubling, yard remodeling

shall provide suitable fencing/barricading to protect/segregate the existing Railway line from any damage

un-toward incident, as per ;the directions or plan approved by Engineer-in-charge. The paymen

barricading/fencing shall be paid under the relevant N.S. item as given in the Schedule. No work will be sta

till he fencing/barricading is provided and clearance in writing is issued by the Engineer-in-charge.

7.3.2  Suitable gates/barriers should be installed across the new embankment, preferably adjoining

manned/unmanned level crossings. The entry for the vehicles should be regulated by an authorized representa

of the Engineer-in-charge during the working hours.7.4  During execution of the work, contractors shall ensure that all safety precautions are taken by their ma

protect themselves and site to prevent any untoward incident. In this regard contractor will ensure that adeq

number of safety helmets, safety belts, safety jackets with reflective arm band; rope ladders emergency light

are available at site before the work is actually started. The above list is only indicating and is not exhau

and safety item will be arranged as per the requirement. Railway reserve the right to stop the work in

absence of proper safety gear and no claim shall be entertained in this regard. Decision of the Enginee

charge will be final and binding upon the contractor. The cost of all the safety gear is deemed to have b

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 respects within __ (___) months from the date of issue of

acceptance letter/telegram. Time is the essence of contract. The contractor/s will be required to maintain sp

and required progress to the satisfactions of the Engineer to ensure that the work will be completed in all respwithin the stipulated period failing which action may be taken by the Railway Administration in terms of Cla

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

directions of the Engineer so that other works being executed in the same area either departmentally or thro

another agency such as steel erection, P-way earthwork in formation, etc. are also progressed concurrently

Signature of the tenderer/s Page 20 of 46 Signature of DEN/ Sr. DEN-

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may be noted, however, that any delay in the execution of departmental works, for whatsoever reason shall no

accepted as an excuse for non-performance of the contract.

8.3  The contractor/s will be required to give Sr. Divisional Engineer/Divisional Engineer, monthly progress re

of the work done during the month on 4th of the following month. He will also give to the SrDEN/DEN

program of work to be done in coming month by 25th of the preceding month. The programme will be subje

alteration or modification at the direction of competent authority who may discuss such modification

alterations with the contractor as considered necessary. Approval of any program shall not in any way relieve

contractor from any of the obligations to complete the whole of work by the prescribed time or extended tim

any.

8.4  Incentive Bonus Payment clause (TO BE APPLICABLE ONLY IF SPECIFICALLY MENTIONED

SPECIAL CONDITIONS RELATED TO SITE DATA AND SPECIFICATIONS)  

The incentive bonus payment clause will apply to contracts for throughput enhancement relating to “Doubling

“Traffic facility” works only. The contracts which are for works covering plan heads other than doubling

traffic facility the incentive bonus clause shall not apply.

The incentive bonus payment will be regulated as follows:-

1)  This incentive Bonus payable shall not be more than 1% of the initial contract value or revised con

value whichever is less for every one month of early completion ahead of the original completion pe

or revised completion period whichever is less.

2)  However, the maximum incentive bonus shall not be more than 6% of the original contract valurevised contract value whichever is less.

3)  Period less than one month shall not be reckoned for the incentive bonus

calculation.

4) This incentive scheme shall not apply if extension to the original completion period is given irrespec

of on whose account (Railway’s Account or Contractor’s Account)

9.0  RATES FOR PAYMENT9.1  The rates given in the attached schedule of rates tendered by the contractor and as accepted by the Railways

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 ma

etc. shall be payable under the contract except payable as per price escalation clause if any, provided separate

the tender documents.

9.3  The rates for any item of work not included in the Schedule of items, Rates and quantities and whichcontractor my be called upon to do by Railway Administration shall be fixed by the supplementary wri

agreement between the contractor and the Railway before the particular item or items of work is/are execute

the event of such agreement not being entered into and executed the Railway may execute these works by ma

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 contractor/ departmental staff working in the adja

sections of Railway local authorities.

9.4  It should be specifically noted by the tenderer/s that no separate loading, unloading and leading charges

materials (which are supplied by the Railway) shall be paid for by the Railways and the rates quoted by

tenderer/s shall be inclusive of all these charges.

9.5  The items Nos. description, units and rates given against SOR items in schedule of items, rates & quantities a

per Northern Railway Standard Schedule of Rates, 1996 and any discrepancy during the execution of the wor

the working rates, quantity and units etc. should be rectified by reference to the printed SSOR of N.Rly w

shall be treated as authority and will be binding on the contractor.9.6  Should there arise any items which may be necessary for the completion of work but which does not appear in

Schedule of items, rates and Quantities attached with tenders, items rate will be fixed by analysis of actual in

of all types including labour and material or derived from the labour and material rtes given in the North

Railway Standard Schedule of Rates, 1996. The rates for such non-scheduled items occurring during the co

of construction shall be payable subject to the approval of the competent authority. No items of work requi

non-schedule rates will be carried out unless ordered to do so by the Engineer. The rates derived from

Signature of the tenderer/s Page 21 of 46 Signature of DEN/ Sr. DEN-

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Northern Railway Standard Schedule of Rates, 1996 will be subject to percentage above or below tendere

the contractor.

9.7  Payment for the work done will be made to the contractor only when the formal agreement has been exec

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 agreem

or otherwise concluded by the parties with mutual consent and full and final payment is made by the Railwa

the contractor for work done under the contract the parties shall execute the supplementary agreement anne

here to as Annexure-‘B’.

9.9  Measures to be taken in construction and repairs on road, embankments etc.

9.9.1  All borrow pits dug for and in connection with the construction and repairs of buildings, roads, embankments

shall be deep and connected with each other in the formation of drain directed towards the lowest level

properly sloped for discharge into a river, stream, channel or drain and no person shall create any isolated bor

pit which is likely to cause accumulation of water which may breed mosquitoes.

9.9.2  Non fulfillment of the provision in 9.9.1 above shall be a breach of the contract and contractor/s shall be liabl

pay by way of agreed liquidated damages to the Railway at the rates of Rs.100/- for each breach and in addi

to that contractor further undertake to pay the amount incurred by the Railway in getting the said job/s done a

risk and cost of the contractor. Besides this, the contractor will also be held responsible for any laws

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 deputethe Engineer and during the progress of works to amend on the requisition of the Engineer any errors which

arise there in and provide efficient and sufficient staff and labour thereon. The contractor shall also alte

amend any errors in the dimension lines on level to the satisfaction of the Engineer or his author

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 ma

points, burjies, monuments, center line pillars, reference pillars, etc. and shall take all necessary precaution

prevent their being removed altered or disturbed and will be responsible for the consequence of such remo

alterations or disturbances and for their efficient reinstatement.

10.3  The contractor shall protect and support, as may be required or as directed by the Engineer, building, fen

walls, towers, drains, road paths, waterways, foreshores banks, bridges, Railway ground and overhead ele

lighting, the telegraphs/telephones and crossing water service main pipes and cables and wire and altoge

matters and things of whatever kind not otherwise herein specified other than those specified or directed t

removed or altered which may be interfered with or which is likely to be affected disturbed or endanger byexecution completion of maintenance of the works and shall support provided under this clause to such case

directed by the Engineer. No payment shall be made by the Railway to the contractor for these works on acc

of delay for re-arrangement of road traffic or in the contractor having to carry out the short lengths and in s

places as per conditions and circumstances may warrant. These will not form the basis of any claim an

dispute for compensation of any kind.

11.0  DRAWING FOR WORKS:

11.1 The Railway Administration reserves the right to modify the plans and drawings as referred to in the special

and specifications as also the estimate and specifications without assigning any reasons as and when consid

necessary by the railway. The percentage rates for the schedule items and items rates for the non-schedule it

quoted by the contractor as may be accepted by the railways will, however, hold good irrespective of

changes, modifications, alterations, additions, omissions in the location of structures and detailed drawispecifications 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

will, therefore, be supplied to the contractor as and when they are finalized on demand. No compensa

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 wo

arising out delay in approval of drawings, changes, modifications, alterations additions, omission and the

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layout plans or details drawings and design and or late supply of such material as are required to be arranged

the Railway or due to any other factor on Railway Accounts.

12.0.  SUPPLY OF MATERIAL BY THE RAILWAY

12.1  If at any time, material which the contractor/s should normally have to arrange himself/themselves, are supp

by the Railway either at the contractor request or in order to prevent any avoidable delay in the execution of w

due to the contractor’s inability to make adequate timely arrangements for supply thereof or for any other rea

recovery will be made from the contractor’s bill either at the market rate prevailing at the time of supply or a

book rate which ever is greater and fixed departmental charges viz. freight at 5% (8.33% for items or iron an

pipe steel) incidental charges at 12% and added on total cost of supervision charges at 12-1/2%. No carriag

incidental which he/they is required to arrange himself/themselves in accordance with the terms and condition

this contract.

12.1.1  In the case, cement and/or steel is issued to the contractor/s free of cost or on the cost to be recovered for us

the work, the supply thereof shall be made in stages limited to the quantity/quantities computed by the Rail

according to the prescribed specifications and approved drawings as per the agreement. The cement and/or

issued in excess of the requirements as above shall be returned in perfectly good conditions by the contracto

the Railway immediately after completion or determination of the contract. If the contractor/s fail/s to return

said stores, then the cost of cement and/or steel issued in excess of the requirement computed by the Rail

according to the specifications and approved drawing will be recovered from the contractor/s @ twice

prevailing procurement cost at the time of last issue viz. (purchase price + 5% freight only). This will be wit

prejudice to the right of the Railway to take action against the contractor/s under the conditions of the contrac

not doing/completing the work according to the prescribed specifications and approved drawings. If discovered that the quantity of cement and steel used is less than the quantity ascertained as herein be

provided the cost of the cement and/or steel not so used shall be recovered from the contractor/s on the basi

the above-stipulated formula.

12.1.2  The contractor shall be responsible for the safe transport custody and storage of all railway materials issue

him and he will be liable to make good the loss due to any cause whatsoever, that may be suffered by the rail

on this account. Special precautions should be taken in respect of cement while transporting cement, step sh

be taken to safeguard against cement becoming damp or wet due to moisture or rain. The contractor will als

responsible for storing cement in damp proof condition at site of work at his own cost in accordance with

standard specifications. The engineer shall decide whether the cement stored in the godowns is fit for the w

and his decision shall be final and binding to the contractor/s.

12.2.  The contractor should supply a schedule showing the requirement of explosives/materials required to be supp

to him by the railway based on detailed plans. The materials will be arranged by the railway according to

schedule unless otherwise modified by the railway due to additions or alterations in the approved plans. No cwhatsoever will be entertained by the railway on account of late supply of such material as are required t

arranged by the Railway.

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 wo

become a part of the work involved in the tender schedule will be supplied by the Railway free of cost or on

recovery basis as the case maybe as per relevant clauses of special conditions relating to site data

specifications at specified Railway go-down(s) on the Division. The contractor will be required to lead the s

to the site of work at his own cost subject to payment at the rate as quoted against relevant item of N.S. item

the Schedule of items, Rates & quantities.

12.3.2.  Cement and steel required for temporary works timbering, shuttering, centering, scaffolding, etc. will have t

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 of the same shall be recovered at the rate of Rupees two per empty cement bag from the ‘on account bill’ o

contractor in case the cement is supplied in Jute bags. No recovery on account of empty cement bags sha

made from the contractor, in case the cement is supplied in H.D.P.E. bags. The Railway, however, reserve

right to take empty bags as are in good conditions and in that case no recovery will be made for bags so ta

back. These rates will apply for bags deteriorated while in use and not found acceptable to the railway so t

back from the contractor.

Signature of the tenderer/s Page 23 of 46 Signature of DEN/ Sr. DEN-

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13.0.  SUPPLY OF MATERIALS BY THE CONTRACTOR/S13.1  Materials used in the work by the contractor shall conform to the Northern Railway Standard Specifications

the relevant B.I.S./I.R.S. specifications, and should be approved by the engineer before utilizing them on work

13.2  It should be clearly understood that the tendered rates include wastage and wash away due to rains, storms, flo

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

the materials, tools and plants and tools arranged and brought by the contractor to the site of work.

13.4  Stage payment for supply of steel by the contractor (For works above Rs.15 Crores): Stage payment lim

to 75% of the rate of steel awarded in the contract (as a separate NS item for the purpose) shall be made to

contractor for steel physically brought by the contractor to the site (even before its actual use in the work) sub

to following:-

(a) The material shall be strictly in accordance with the contract specifications.

(b)  The material shall be delivered at site and properly stored under covered sheds at contractor’s

and protected against damage, deterioration, theft, fire etc. to the satisfaction of the enginee

charge. The contractor shall store the bulk material in the measurable stacks.

(c)  The quantities of materials shall be brought to the site only in such installments that wo

facilitate smooth progress of work and consumed in reasonable time. The decision of Engineer

charge regarding quantity of steel to be brought to the site shall be final and binding to

contractor.

(d)  Proper accountal in the material register to be maintained in the prescribed format at the

for the receipt and use of the material on day to day basis.

(e)  Submission of indemnity bond with a validity up to the completion/extended period inprescribed format at the contractor’s cost, vesting the ownership of such material with

railways.

(f)  Submission of insurance policy with a validity upto the completion/extended period at

contractor’s cost, in favour of the railway against damage, deterioration, theft, fire etc.

The balance payment shall be released only after material is actually consumed in the work. The p

variation claim for steel would continue to be governed as per extant PV clause and with referenc

delivery at site.

14.0.  SERVICE ROADS

14.1 The contractor/s shall make his/their arrangements for service roads, paths etc. for carrying his/their tools

plants, labour and materials etc. and will also allow the railway use of such paths and service roads etc. for pl

its on vehicles free of cost. The tenderer/s will be deemed to have included the cost of making any service ro

roads or paths, etc., that may be required by him/them for plying his/their vehicles for the carriage of his/tman and materials, tools, plants and machinery for successful completion of the work. Similarly, any other fe

road connecting any of the existing roads will be made by the contractor at his/their own cost including

compensation that may be required to be paid for the temporary occupation or usage of Govt. and or private l

without in anyway involving the railway in any dispute for damage and /or compensation.

14.2 In case the railway has its own paths, service roads, the contractor/s will be allowed to use of such path

service roads free of cost. He / they shall, however, in no way involve the railway in any claims or disput

whatever kind due to the inaccessibility of such paths or service roads or due to their poor conditions and

maintenance or their being to be blocked and /or closed.

14.3 The rates quoted by the contractor as per schedule or items, rates and quantities shall form the basis of

account payment’ for the various items under this contract.

14.4 In the course of execution of various items of work under schedule of items, Rates and Quantities running

payment for partly completed works will be made to the contractor. The quantum of such works shall be deci

by the engineer-in-charge whose decision shall be final and binding on the contractor.14.5  No ‘on account payment’ by the railway shall protect the contractor/s against or prevent the railway f

recovering from the contractor/s any over payment made to him/them.

14.6  Final payment of the balance amount due, exclusive of the security deposit in terms of clause-5 of these spe

conditions, will be made after completion of entire work and on the certification of the engineer that work

been completed in all resects and found satisfactory. The security deposit will be refunded 6(Six) months a

the date of completion according to clause 5.1 of these conditions.

Signature of the tenderer/s Page 24 of 46 Signature of DEN/ Sr. DEN-

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15.0  EMERGENCY WORK15.1  In the event of any accident or failure occurring in or about the work or arising out for or in connection with

construction completion or maintenance of the work which in the opinion of the engineer required immed

attention, the railway may be with its own workmen or other agency execute or partly execute the necessary w

or carry out repairs if the engineer considers that the contractors is not in a position to do so in time and ch

the cost thereof, as to be determined by the Divisional Railway Manager, Northern Railway, Firozpur Cant

the contractor.

15.2  In terms of Clause 32 of GCC of May’99, the materials & plants brought by the contractor on the site or

occupied to be used for execution thereof shall immediately, they are brought upon the sites of this said land

deemed to be the property of the Railway. Vehicles, equipments, plant and machinery of the contractor can

drafted by the Railway Administration at their discretion in case of accidents, natural calamities involving hu

lives, breaches, stoppage of the train operations or any contingencies which requires such requisitionin

essential. The decision in this regard of the Engineer In charge or his superiors i.e. DEN/Sr.DEN etc. shal

final and beyond the ambit of arbitration clauses i.e. exception of arbitration clauses.

15.3 In terms of the clause No.2.3.2 (A) (iv) tenderer is required to submit the list of equipment, machin

construction tools and plants available/ deployed at site. The successful tenderer on receipt of acceptance l

and conveying their consent, shall submit name, addresses, telephone nos. fax nos./E-mail address of the pers

to be contacted for requisition the above items as detailed in foregoing clause 15.2 and notify from time to tim

any change in the list of equipment/machinery or the addresses/individuals to the Engineer In-charge in wri

The name and address, telephone nos and the contractor officials name shall also be displayed at the site of w

15.4 The man-power, consumable items and maintenance of the above tools & plants when requisitioned shall be

responsibility of the tenderer/contractor so that the equipments, machinery, tools & plants shall be availableeffective utilization at the accident sites, natural calamities, breaches sites etc.

15.5 The hire charges per annum shall be calculated at the following rates on the purchase cost of the plant as unde

(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)  An additional 10% on the total of (1) 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) ab

by 250, which shall be the assumed number of working days in year for this purpose. These hi

charges will be payable from the day the plant is handed over to the Railway to date on which

returned to the contractor by Railway.(v)  The contractor manpower charges shall be payable @ minimum wages as notified by the S

Govt/Local bodies/Labour deptt. As the case may be for highly skilled, semi-skilled personnel dra

for operating the plant & machinery.

(vi)  The payment for the fuel cost shall be paid on the basis of the actual expenditure incurred by

contractor for purchases + 10% contractor’s profit thereof which will be the payments towards

miscellaneous expenses too.

16.0  NIGHT WORK  16.1  If the engineer is satisfied that the work is not likely to be completed in time except by resorting to night work

may order without confirming any right on the contractor for claiming any extra payment for the same.

17.0  DISPOSAL OR SURPLUS EXCAVATED MATERIALS17.1  The contractor shall at all time keep the site free from all surplus earth, surplus materials, and all rubbish w

shall arise from the works and should dispose of the surplus excavated materials as ordered by the enginfailing which it will be done at the cost of contractor and cost will be deducted from his dues.

17.2  The contractor shall within 15 days of completion of entire works remove all unused and surplus materials t

and plants staging and refuge or other materials produced by his operations and shall leave the site in a clear

tidy conditions. 

18.0 SITE INSPECTION REGISTER

18.1  A site inspection register will be maintained by the Engineer or his representative in which the contractor wi

bound to sign day to day entries made by the Engineer or his representative. The contractor is required to

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note of the instructions given to him through the site inspection register and should comply with the same wi

a reasonable time. The contractor will also arrange to receive all the letters etc. issued to him at the site of wo

18.2  The contractor shall, from time to time (before the surface of any portion or the site is interfered with o

work thereon begun) take such levels as the Engineer may direct in his presence or any person authorise

him in writing. Such levels approved and checked by him or such authorised persons shall be recorde

writing and signed by the contractor and shall form the basis of the measurements. Immediately before

portion of the work, below water level is started the existing water levels are to be taken and recorded

similar manner.

19.0  The contractor shall have to make and maintain at his own cost suitable approach road and path etc. for pr

inspection of the various works. He shall also provide all facilities as required by the Engineer such as ladder

other appliances for satisfactory inspection of the works and places where materials for the work are store

prepared.

 20.0  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 t

analysis to be made to verify or ascertain the quality of any part of the works or of any materials, the contra

shall as and when required by the Engineer or his representatives open up the work or materials for inspectio

test or analysis, pull down or cut into any part of the work to make such openings, into under or through any

of the works as may be directed and shall/provide all things facilities which in the opinion of the Engineer o

representative are necessary and essential for the purpose of inspection or test or analysis of the works or of

part thereof or the materials, or of workmanship and the contractor shall close up, cover, rebuild and made gthe whole at his own cost, as and when directed by and to the satisfaction of Engineer provided always that o

work in the opinion of the Engineer is found to his satisfaction and in accordance with the contract. The ex

expenditure in such examination, inspection or test shall, upon the certificate of the engineer, be borne by

Railways.

 21.0 GENERAL

21.1 PROVISION OF LIGHT SIGNALS ETC. 

The contractor/s shall make such provision for lighting the works, materials and plant and provide all such m

and lights, signals and other appliances as may be necessary or as may be required by the Engineer or o

responsible authorities during the execution completion and maintenance of the work and shall provide all lab

stores, etc., required for their efficient working and use at any time of day or night. He/they shall also provid

arrangement of every description of watching and maintenance required in connection with foregoing an

other services for protection of any securing all dangerous places whether to the contractor’s workmen or to o

persons and or vehicular traffic until the work is certified by the engineer to have been completed and taken oin accordance with the contract.

21.2 The contractor/s will provide upon the works to the satisfaction of the Engineer and at such, places as he

nominate, proper and sufficient life saving, fire fighting and first aid appliances which shall at all time

available for use.

21.3 LABOUR CAMP

Land for setting up a workshop by the contractor or for his labour camp or for any other purpose, shall have t

arranged by the contractor at his own cost and under his own arrangements. The contractor, however, wi

permitted to make use of the railway land to the extent that can make use of the railway land to the extent that

be made available to him free of cost, by the railway in the vicinity of the site of works. The contractor/s sha

all times be responsible for any damage or trespass committed by his agent and workmen for carrying out

work.21.4 The railway administration may recommend to the concerned authorities the issue of necessary transport per

for the work. The contractor shall, however, furnish full justification for the above facilities, to enable

Railway administration to address the State Government or other authorities in this connection. The contra

shall also maintain regular log book of receipts and issue of the materials to work, if so required by the C

Authorities. No claim would, however, be entertained by the non-issue of any priority permits or owing to

interruption in supply.

Signature of the tenderer/s Page 26 of 46 Signature of DEN/ Sr. DEN-

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21.5  No claim for idle labour and or idle machinery etc. on any account will be entertained. Similarly no claim

be entertain for business loss or any such loss.

22.0 Levy of Token Penalty 

22.1 Attention is invited to clause 17 (B) of the GCC and clause 8.1 of Special Tender Conditions and Instruction

the Tenderers according to which time is the essence of the contract. The competent authority while gran

extension to the currency of contract under 17 (B) of GCC may also levy token penalty as deemed fit.

23.0 SALES TAX/TURN OVER TAX/LOCAL TAX.

The contractor shall be governed by the Taxes applicable at the place of actual execution of work.

23.1 Sales Tax including turn over tax on works contract, octroi, royalty, toll tax, local tax on materials as we

services and any other tax levied by Central Govt /State Govt. or local bodies shall be borne by the tenderer

part of such taxes on contractor’s labour/material or any other account will be paid by the Railways. There

the contractor must ascertain the various taxes levied by the concerned Govt or local bodies at the plac

execution of work and take into account for the same while quoting the rates. This should be kept in view be

tendering.

23.2 If there is any increase/decrease/imposition of new tax/removal of existing tax by Central Govt/State Govt/L

bodies in respect to any of the tax mentioned above, the same shall be borne by the contractor and neither

additional payment will be made, nor any recovery will be made on this account. This should also be ke

view before tendering, as no subsequent changes will be made in the rates payable to the contractor on

account.

23.3 Railways will deduct the sales tax or any other tax specified by the concerned Central Govt/State Govt/L

bodies if required to be deducted at source under the relevant laws as applicable on the date of makingpayment. Railway will issue a certificate regarding tax so deducted. It will be responsibility of the contract

make further correspondence with concerned Govt or local bodies to ensure full deposition of the tax or

claiming a refund, if due, as is done in case of income tax.

23.4 In case any tax is notified to be deducted at source from a specified date and certain payments have already

made in the period that lapsed between the date of applicability of tax and the actual date of implementatio

the same, tax required to be deducted at source for this period will be recovered from the subsequent payment

23.5  Implementation of – The Building and Other Construction Workers (RECS) Act, 1996 and The Build

and Other Construction Workers Welfare Cess Act, 1996 in Railway Contracts:

“The tenderer for carrying out any construction work in J&K/Punjab/H.P. must get themselves registered f

the Registering Officer under Section-7 of the Building and other Construction Workers Act, 1996 and rules m

thereto by the concerned state Govt and submit certificate of Registration issued from the Registering Office

the concerned state Govt. (Labour Deptt.). For enactment of this Act, the tenderer shall be required to pay ces

1% of the cost of construction work to be deducted from each bill. Cost of material shall be outside the purviecess, when supplied under a separate schedule item.” .

24.0  All payments in respect of the contracts during the currency of the contracts shall be made through electr

Clearing system (ECS)/Electronic Funds Transfer (EFT). The successful tenderer on award of contract m

submit ECS/EFT Mandate Form complete in all respects as detailed at annexure-J of the tender docum

However, if the facility of ECS/EFT is not available at a particular location the payment shall be made by Che

In such case the successful tenderer on award of contract will have to furnish contractor’s Bank Account Num

and Name of he Bank against which all payments in respect of the contract during the currency of contract s

be made.

25.0  Contractor(s) executing the works adjacent to the existing Railway track for e.g. doubling, gauge conversion,

remodeling etc. will take all care for avoiding any damage to the underground/OH services such as S & T cab

electric cables/wires, pipelines/sewer lines etc. They must ensure that the work is started after obtaining clear

in writing from the Engineer-in-charge regarding the route for signaling/electrical cables/water supply/sewer letc. However, if any damage occurs during execution, he will immediately report the same to the Enginee

charge and stop the work further till clearance for restarting he work is given by the Engineer-in-charge. It ma

further noted hat if it is proved that damage is occured due to the negligence on the part of the contractor, the

of the damage will be recovered from him/them. The decision of Engineer-in-charge will be final and bin

upon the contractor(s).

26.0  Tender documents downloaded from internet

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26.1. Tenderer/s are free to down load ender documents at their own risk and cost for the purpose of perusal as we

for using the same as tender documents for submitting their offer. Master copy of the tender documents wil

available in the office of the Divisional Rail Manager N.Rly. Firozpur Cantt. After award of work

agreement will be drawn up. The agreement shall be prepared based on the master copy available in the offic

Divisional Rail Manager N.Rly. Firozpur Cantt and not based on the tender documents submitted by

tenderer.

In case of any discrepancy between the tender documents downloaded from internet and the master copy, l

shall prevail and will be binding on the tenderers. No claim on this account will be entertained.

27.0 Maintenance Period : The contractor will have to maintain the work for a period of __Six__(___6____) mo

from the date of completion of work as certified by Engineer-in-charge of the work.

28.0. Price Variation Clause :28.1 The rates quoted by tenderer and accepted by Railway Administration shall hold good till the completion o

work and no additional individual claim will be admissible on account of fluctuation in market rates, increas

taxes/ any other levies/- tolls etc. except that payment/recovery for overall market situation shall be made as

price variation clause given in para below :

28.2 No cognizance will be given for any sort of fluctuations in taxes and other market conditions etc. for any indivi

item for the purpose of making adjustment in payments. The contact shall, however, be governed by the gen

price variation clause as under :

28.3 Adjustment for variation in prices of material, labour, fuel, explosives, detonators shall be determined in the ma

prescribed below :

28.4 The percentage component of various items in a contract on which variation in prices shall be admissible shall b

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

total contract value.

28.5 (A-1) The amount of variation in prices in the several components (labour, material etc) shall be worked out by

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

Signature of the tenderer/s Page 28 of 46 Signature of DEN/ Sr. DEN-

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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

29.5 A2(I) and clause no.29.5 A2(II).

(iii)  Specific payment, if any, to be made to the consultants engaged by the contractors (such payment wi

indicated in the contractor’s offer).

IO = Consumer Price Index Number for Industrial Workers – All India –as Published in RBI Bulletin for the

period.

I = Consumer Price Index Number for industrial Workers – All India- as published in RBI Bulletin based on

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

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.

F = Index Number of wholesale Prices – By Group and sub-groups for Fuel, Power, Light and Lubricants

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 purchase

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 purchase

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 purchase

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 purchase

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 One Crore irrespectiv

the contract completion period and PVC shall not be applicable to the tender of value less than Rs One Cr

2.  Price variation is payable/recoverable during the extended period of contract, provided the Price Varia

Clause was part of the original contract and the extension has been granted on administrative ground

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.

A 2(I) and clause no.28.5 A2(II).

(iii) Specific payment, if any, to be made to the consultants engaged by the contractors (such payment wi

indicated in the contractor’s offer).

Such payments would be excluded from the gross value of the work for purpose of payment/ recov

of variations.

5.  The index number for the base period will be the index number as obtained for the month of opening of

tender and the quarters will commence from the month following the month of opening of tender. Howe

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if the rates quoted in negotiated tender are accepted, the base month for the price variation clause is

month in which negotiations are held.

6.  The adjustment for variation in prices if required shall be made once every quarter in the on-acco

payments, if more than one on-account payment is made to the contractor in a quarter, the adjustmen

required shall be made in each bill.

7.  The price variation should be based on RBI’s 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 availabl

the Reserve Bank of India. Any adjustment needed to be done based on the finally published indices is t

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

total contract value.

10.  The price variation implies both increase as well as decrease in input prices and, therefore price varia

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 vari

types of works.

(a)  Earthwork Contract

Labour component 50%

Fuel component 20%

Other material components 15%

Fixed component 15% *

Ballast and Quarry Products Contracts

Labour component 55%

Fuel component 15%

Other material components 15%

Fixed component 15%*

(b)  Tunneling Contracts

Labour component 45%

Fuel component 15%

Explosive component 15%

Detonaters component 5%

Other material components 5%

Fixed component 15%*

(c)  Track Renewal Works or Works with Contractor’s Portal CranesLabour component 50%

Fuel component 12.5%

Other material components 12.5%

Fixed component 25%*

(d)  Other works Contracts

Labour component 30%

Material component 25%

Fuel component 15%

Fixed component 30%*

*Will not be considered for any price variation.

28.5 A-2(I) Price Variation in case of Steel supplied by the contractorThis special Price Variation Clause will be applicable only on Iron and Steel supply items of tender schedule without v

addition.The amount of variation for the component of supply of steel shall be adjusted (paid/recovered) by the following form

:-

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.

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Bs= SAIL’s (Steel Authority of India Limited) ex-works price plus Excise Duty thereof (in rupees per tone) for

relevant category of steel supplied by the contractor as prevailing on the first day of the month in which the

was purchased by the contractor (or) as prevailing on the first day of the month in which steel was brought to

site by the contractor whichever is lower.

Bso= SAIL’s ex-works price plus Excise Duty thereof (in rupees per tonne) for the relevant category of steel supp

by the contractor as prevailing on the first day of the month in which the tender was opened.

NOTE:

1. Relevant categories of steel for the purpose of operating the above price variation formula based on SAIL’s

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

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.

1,2,3 above.

2. The prevailing ex-works price of steel per tone as on 1st of every month for the above categories of stee

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 schedul

know the cost of steel actually consumed at any given point of time.

4.  The Price Variation Clause shall be applicable for tenders of value more than Rs. One Crore irrespective o

contract completion period and PVC shall not be applicable to the tender of value less than Rs.One Crore.

5.  Price variation is payable/recoverable during the extended period of contract, provided the Price Variation Cl

was part of the original contract and the extension has been granted on administrative ground i.e. under Cla

17-A (i), (ii) and (iii) of GCC.

6.  No maximum value for the price variation is prescribed.

7.  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

be indicated in the contractor’s offer).

Such payments would be excluded from the gross value of the work for purpose of payment/ recovery of variations as

clause no. 28.5 A 1.

8.  The SAIL’s Ex-work price plus Excise Duty there of (in Rupees per tone) for the relevant category of stee

prevailing on first day of the month in which tender is opened, will be considered. However, if the rates quote

negotiated tender are accepted, the base month for PVC will be the month in which negotiations are held.

9.  The adjustment for variation in prices, if required, shall be made every month in the on-account payments asabove formula.

10.  The Engineer (not below the rank of ADEN) concerned will maintain a register showing receipt of steel f

contractor on site (supported by documentary evidence of purchase) and consumption thereof.

11.  The price variation implies both increase as well as decrease in input prices and, therefore price variation during

currency of the contract may result in extra payment or recovery as the case may be.

12.  Steel supplied free or at firm price by Railway, as per contract, if any, will not be considered for calculation of PV

Signature of the tenderer/s Page 31 of 46 Signature of DEN/ Sr. DEN-

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A-2(II) Price Variation in case of Cement supplied by the contractorThis special Price Variation Clause will be applicable only on Cement supply items of tender schedule without v

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 o

the quarter under consideration.

Note:

1.  Separate items for ‘supply of cement’ for RCC/PSC work should have been incorporated in the tender schedul

know the cost of cement actually consumed at any given point of time.

2.  The Price Variation Clause shall be applicable for tenders of value more than Rs.One Crore irrespective of

contract completion period and PVC shall not be applicable to the tender of value less than Rs.One Crore.

3.  Price variation is payable/recoverable during the extended period of contract, provided the Price Variation Cl

was part of the original contract and the extension has been granted on administrative ground i.e. under Clause 1

(i), (ii) and (iii) of GCC.4.  No maximum value for the price variation is prescribed.

5.  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 wi

indicated in the contractor’s offer).

Such payments would be excluded from the gross value of the work for purpose of payment/ recovery of variat

as per clause no.28.5 A 1.

6.  The index number for the base period will be the index number as obtained for the month of opening of the te

and the quarters will commence from the month following the month of opening of tender. However, if the quoted in negotiated tender are accepted, the base month for the Price Variation Clause is the month in w

negotiations are held.

7.  The adjustment for variation in prices, if required, shall be made once every quarter in the on-account payment

more than one on-account payment is made to the contractor in a quarter, the adjustment, if required shall be mad

each bill.

8.  The price variation would be based on the price index of the first month of the quarter under consideratio9.  The demands for escalation of the cost may be allowed on the basis of provisional indices made available by

Reserve Bank of India. Any adjustment needed to be done based on the finally published indices is to be mad

and when they become available.

10.  The price variation implies both increase as well as decrease in input prices and, therefore price variation during

currency of the contract may result in extra payment or recovery as the case may be.

11.  Cement supplied free or at firm price by Railway, as per contract if any, will not be considered for calculatioPVC.

12.  Price variation clause will not apply if price variation is upto 5%. Reimbursement/recovery due to variation in p

will continue to be made only for the amount in excess of 5% of the amount payable to the contractor.

29.0 Mobilisation Advance:

[Applicable for advertised tender value exceeding Rs.10 crores]

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29.1  The tender / contractor may be granted a recoverable interest bearing mobilisation advance up to 10% of the contract v

provided he specifically apply for it while tendering. If the contractor fails to apply specifically for mobilisation adva

while giving his offer at the tendering stage, in case where grant of mobilisation is permissible, no subsequent requ

from him for grant of this advance will be entertained. The rate of interest is 12% p.a.

29.2  The advance will be granted in two installments viz. 5% of the contract value on signing of the contract agreement

and the balance 5% on mobilisation of site establishment, setting up of offices, bringing in equipment and actual

commissioning of work. Each installment will be released on submission of an irrecoverable guarantee bond from

any nationalized bank, in a form acceptable to the railway, for the amount of the installment together with interest

charges calculated to the end of the contract period. These two guarantee bonds shall be returned as and when the

value of the advance plus interest is recovered from the running bill.

29.3  The recovery of advance and interest thereon will be made through the on account bills, pro rata, commencing when

the value of the work executed under the contract reaches 15% of the contract value, and completed when the value

of the work executed under the contract reaches 85% of the contract value, or the assessed value of the work which

ever is less.

29.4  Interest will be recovered on the advance outstanding for the period commencing from the date of payment of 

advance till date of particular on account bill (through which recovery of principle is effected) and adjusted fully

against such on account bills along with pro rata principle recovery. In the event of any shortfall the same will be

carried forward to the next on account bill and will attract interest at 12%.

29.5  The Bank Guarantee for advance should clearly cover Principal plus Interest.

Note : The various Instruments as listed for Performance Guarantee (Clause 5.2) will also be acceptable for

Mobilization Advance.

30.0 The contractor shall deploy the following technical staff during the execution of work:-

i.  One Graduate Engineer when the cost of the work to be executed is Rs.15 Lacs and above.

ii.  One qualified Diploma holder (overseer) when the cost of the work to be executed is more than Rs.5 Lacs,

but less than Rs.15 lacs.

iii.  Technical staff shall be available at site whenever required by the Engineer-in-charge, to take instructions. In

case, contractor fails to employ aforesaid technical staff he shall be liable to pay a reasonable amount not

exceeding a sum of Rs.2000/-(Rs. Two thousand only) for each month of default in case of Graduate

Engineer and Rs. 1000/-( One thousand only) for each month of default in case of Diploma Holder (

overseer)

iv.  The decision of the Engineer-in-charge as to the period for which required technical staff was not employed

by the contractor and as to the reasonableness of the amount to the deducted, shall be final and binding on the

contractor.

For  Divisional Railway Manager,

 Northern Railway, Firozpur Cantt (Punjab) 

For and on behalf of the President of IndiaAddress …………………………..

.......................................

........................................

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Annexure - A

DOCUMENTS REQUIRED TO BE FURNISHED ALONGWITH THE

TENDERS FAILING WHICH TENDER WILL BE TREATED AS

INCOMPLETE

1.  Partnership deed

2.  Power of attorney

3.  List of works executed year

wise during the last three years along with their value.

4.  Credentials issued by the

department for whom the

work was executed by the tenderer/s during the last three years.

5.  Financial standing along-

with Banker’s certificate.

6.  List of works in hand, theirvalue and their stage of 

completion.

7.  Latest valid Income Tax

clearance certificate.

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Annexu

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 _____________________________hereinafter 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 No ________________________ dated __________ for the performance of 

___________________________________ _____________ ___________________________

___________________ here-in-after called principal Agreement.

And whereas it was agreed 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 par

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 Vr. 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 Vr. 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 principa

Agreement shall cease to have any effect and /or shall be deemed to be non-existent for all purposes.

Signature of contractor/s For and on behalf of the

President of India

Witness of the Signature.

1._______________________

2.______________________

Witness of the Signature

1.____________________

2.____________________

Address: ________________________

Signature of the tenderer/s Page 35 of 46 Signature of DEN/ Sr. DEN-

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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 in particular the following :-

1. Topography of area

2. Soil strata at site of work.

3. Source and availability of construction material.

4. Rates for construction of material, water electricity including all local taxes, royalties,

octrois 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

services 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.

Annexure-D

Constitution of Firm

 

1. Full name of contractor/s

construction 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 Government/Semi Govt.

Organization, Public Sectors

Undertakings and local bodies

etc.

Signature of the tenderer/s Page 36 of 46 Signature of DEN/ Sr. DEN-

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ANNEXURE- E

Details of Plant and Machinery, already available with the firm.

SN Particulars of equipment No. of unit Kind and make firm

from which to be hired

Capacity

2 3 4 5

Date by which the plant would be

available for use on this work.

Age & Condition Work on which it is being used

6 7. 8.

ANNEXURE-F 

LIST OF ENGINEERS/PERSONNEL ALREADY AVAILABLE/PROPOSED TOBE EMPLOYED FORDEPLOYMENT ON THIS WORK:

S.No. 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

Signature of the tenderer/s Page 37 of 46 Signature of DEN/ Sr. DEN-

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Annexure-G

STATEMENT OF WORKS EXECUTED BY THE CONTRACTORS DURING LAST THREE (03) YEARS

SN Name and place of work Authority/agency for whom the work 

being carried out.

Date of award and

Agreement No. and date.

2 3 4

Date of completion

(original/ 

Actual)

Agreemental cost of 

work/completion

cost.

Principal/technical features of work 

in brief.

S. No. at which relevant

document are enclosed.

5 6 7 8

Annexure-H

STATEMENT OF WORKS BEING EXECUTED/IN HAND BY THE CONTRACTOR/S

SN Name and place of work Authority/agency for whom the

work is being carried out.

Date of award and

Agreement No. anddate.

1 2 3 4

Date of 

completion (

Original / 

actual)

Agreemental cost of 

work/likely cost.

Principal/techni

cal features of 

work in brief.

S. No. at which

relevant document are

enclosed.

Payment taken till.

5 6 7 8 9

Signature of the tenderer/s Page 38 of 46 Signature of DEN/ Sr. DEN-

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Annexure-I

Detail of Contractual payment received in the last three financial year and current financial year

SN Name of work Name of employ Detail of paymen For the financial Total Contract amount

received

Signature of the tenderer/s Page 39 of 46 Signature of DEN/ Sr. DEN-

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ANNEXURE-J

FORMS (Supplier Information Form)FORM NO.E-5 Appendix-VIII

Electronic Clearing Service (Credit Clearing)

Model Mandate Form(Investor/customer’s option to receive payments through Credit Clearing Mechanism)

Name of the scheme and the periodicity of payment

Beneficiary Name:

Beneficiary Address: 

Line 1:

Line 2:

District/City State/UT

Pin Co Tele

BankBank N

Benefi mber:

Benefi rent)

Digit Bran 

Is your Yes No

If yes, I

 

Counte

 

Signature of the Contractor/Supplier

Branch ager

Bank Seal

.  Date of effectdeclare that the particulars given above are correct and complete. If the transaction is delayed or no

effected at all for reasons of incomplete or incorrect information, I would not hold the user institution

responsible. I have read th ption invitation etter an agree t d of me

rticipant under the scheme. The electronic clearing service may be arranged through

_______________

(……………………………………..)

Date

Certified

Bank’sS

 

de

Details: 

ame

Branch Address

ciary A/C Nu

 

ciary A/c Type (Saving/Cur

ch MICR Code:

bank branch RTGS enabled:

FSC code of the Branch:

rsigned

Man

3 I hereby

e o l d o discharge the responsibility expecte

as a pa

__

 

Signature of the Investor/ Customer

that the particulars furnished above are correct as per our records.

tamp

Signature of the tenderer/s Page 40 of 46 Signature of DEN/ Sr. DEN-

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Annexure-K

Signature of the tenderer/s Page 41 of 46 Signature of DEN/ Sr. DEN-

GUIDELINES FOR PARTICIPATION OF JOINT VENTURE FIRMS IN WORKS TENDER COSTING MO

THAN RS. 5.00 CRORE (Railway Board’s letter No. 2002/CE-I/CT/37 dated 02.09.2008)

1. Separate identity/name shall be given to the Joint venture firm.

2. Number of members in a JV firm shall not be more than three if the work involves only one department (say civ

S&T or electrical) and shall not be mote than five if the work involves more than one department.

3. A member of JV firm shall not be permitted to participate either in individual capacity or as a member of anothe

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

constituent member.

5. Normally EMD shall be submitted only in the name of the JV and not in the name of constituent member. Howe

in exceptional cases EMD in the name of lead partner can be accepted subject to submission of specific request le

from lead partner stating the reasons for not submitting the EMD in the name of JB and giving written confirma

from the JV partners to the effect that the EMD submitted by the lead partner may be deemed as EMD submitted

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 50

share of interest in the JV firm. The other members shall have a share of not less than 20% each in case of JV f

with upto three members and not less than 10% each in case of JV firm with more than three members. In case of

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

along with the tender. The complete details of the members of the JV firm, their share and responsibility in the

firm etc. particularly with reference to financial technical and other obligations shall be furnished in the MOU. (MOU format for this purpose shall be finalized by the Railway in consultation with their law branch and sha

enclosed along with the tender ).

8. Once the tender is submitted, the MOU shall not be modified/ altered/ terminated during the validity of the tende

case the tenderer fails to observe/comply with this stipulation, the full Earnest Money Deposit (EMD) shal

forfeited. In case of successful tenderer, the validity of this MOU shall be extended till the currency of the con

expires.

9. Approval for change of constitution of JV firm shall be at the sole discretion of the Employer (Railways).

constitution of the JV firm shall not be allowed to be modified after submission of the tender bid by the JV f

except when modification becomes inevitable due to succession laws etc and in any case the minimum eligib

criteria should not get vitiated. In any case the Lead Member should continue to be the Lead Member of the JV f

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

currency of contract except when modification become inevitable due to succession laws etc. and in any caseminimum eligibility criteria should not get vitiated. Failure to observe this stipulation shall be deemed to be breac

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

as per tender conditions. All the Guarantees like Performance Guarantee, Bank Guarantee for Mobilization adva

Machinery Advance etc. shall be accepted only in the name of the JV firm and splitting of guarantees amongs

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 t

executed and got registered before the Registrar of the Companies under Companies Act or before the Registrar/

Registrar under the Registration act,1908. This agreement shall be submitted by the JV firm to the Railways be

signing the contract agreement for the work. ( this agreement format should invariably by part of the tender condit

. In case the tenderer fails to observe/ comply with this stipulation, the full Earnest Money Deposit (EMD) shal

forfeited and other penal actions due shall be taken against partners of the JV and the JV. This joint venture agreem

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

severally liable to the Employer (Railways) for execution of the project in accordance with General and Spe

conditions of the contract. The JV members shall also be liable jointly and severally for the loss, damages cause

the Railways during the course of execution of the contract or due t0o non- execution of the contract or part thereo

12.2 Duration of the Joint Venture Agreement: - It shall be valid during the entire currency of the contract including

period of extension if any and the maintenance period after the work is completed.

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12.3.Governing Laws :- The Joint Venture Agreement shall in all respect be governed by and interpreted in accorda

with Indian Laws

13. Authorized Member :- Joint Venture members shall authorize one of the members on behalf of the Joint Venture

to deal with the agreement or enter into contract in respect of the said tender, to receive payment, to witness

measurement of work done to sign measurement books and similar such action in respect of the said tender/ cont

All notices/ correspondences with respect to the contract would be sent only to this authorized member of the JV f

14. No member of the Joint Venture firm shall have the right to assign or transfer the interest right or liability in

contract without the written consent of the other members and that of the employer (Railways) in respect of the

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 shal

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

original )

(c) Power of Attorney ( duly registered as per prevailing law) in favour of one of the partners to sign the MOU an

Agreement on behalf of the partners and create liability against the firm.

15.2 In case one or more members is/ are Proprietary Firm or HUF, the following documents shall be enclosed.-

Affidavit on Stamp Paper of appropriate value declaring that his concern is a Proprietary Concern and he is

proprietor of the Concern OR he is in position of “KARTA” of Hindu Undivided Family and he has the autho

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

agreement, authorizing MD or one of the Directors or Managers of the company to sign MOU, JV Agreement, s

other documents required to be assigned on behalf of the Company and enter into liability against the company a

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 mentio

in the para (a) above.

15.4.All the members of the JV shall certify that they have not been black listed or debarred by Railways or any o

Ministry/ Department of the Govt. of India/ State Govt. from participation in tenders/ contract in the past eithe

their individual capacity or the JV firm or partnership firm in which they were members/ partners.

16. Credentials & Qualifying criteria.

Technical and financial eligibility of the JV firm shall be adjudged based on satisfactory fulfillment of the follow

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 t

previous financial years and the current financial year up to the date of opening of the tender, one similar single w

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 wo

S&T works, Electrical works, OHE works etc and in the case of major bridges, substructure and superstructure e

at least 35% of the value of each such component of similar nature should have been satisfactorily completed by

JV firm or any one of the members of the JV firm in the previous three financial years and the current financial

up to the date of opening of tender. In such cases, what constitute a component in a composite work shall be cle

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 recko

only to the extent of the concerned member’s share in that partnership firm/JV firm for the purpose of satisfying

compliance of the above mentioned technical eligibility criteria in the tender under consideration.16.2 Financial eligibility Criteria:

The contractual payment received by the JV firm or the arithmetic sum of contractual payments received by al

members of JV firm in the previous three financial years and the current financial year up to the date of openin

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

concerned member’s share in that JV firm for the purpose of satisfying compliance of the above mentioned finan

eligibility criteria in tender under consideration.

Signature of the tenderer/s Page 42 of 46 Signature of DEN/ Sr. DEN-

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SPECIAL CONDITIONS RELATED TO SITE DATA & SPECIFICATIONS

Name of work:- _______________________________________________________ 

1.0  Scope of work

2.0  Site location of the work

3.0  The work is required to be executed as per Northern Railway Standard Specifications 1987 and relevant IR

BIS codes and Manuals. The list of codes and manuals as given below, is by no means, exhaustive and

relevant codel or manual even if not mentioned in the list, will be applicable.

The design and Construction will be done in terms of IRS, IRC and IS Specifications.

(a) The specifications mentioned herein bid documents shall be prime governing.

(b)  Where there is conflict between IRS & IS Specifications, IRS Specifications shall prevail.

(c) Where there is no provision of Specifications in IRS, the IRC conditions shall be referred to and followed

(d) The decision of DEN/Sr.DEN of the project shall be final and binding in the interpretation of the clauthe codes of practice and specifications under the special conditions relating to site data and specificat

of this tender and no claim whatsoever shall be entertained on this account by Railways.

(e)  Apart from the basic data, specifications etc. all items of works shall be governed by the following code

revised/corrected/amended upto the time of submission of the tenders/ negotiated rates for acceptance.

i)  Northern Railway Engg.Deptt. standard schedule of rates 1996.

ii)  Northern Railway Engg.Deptt. standard specifications for materials and works 1987.

iii)  Northern Railway Engg.Deptt. General Conditions of Contract and regulations and instructions to tenderer/s

Standard Form of Contract, 1999.

iv)  ……. (Other codes as applicable to the particular work).

4.0  Special conditions related to site data and technical specifications shall be given for particular workDEN/Sr.DEN.

Signature of the tenderer/s Page 43 of 46 Signature of DEN/ Sr. DEN-

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SUPPLY OF CEMENT

1.1  Ordinary Portland/ Pozzolana Cement grade 43 confirming to IS-1489 will be arranged by the

contractor at his own cost. Payment shall be made under relevant NS item.

1.2  supply for cement by contractor at the rate of relevant item will be governed by the following

conditions.

1.2.1  Cement for use in works, shall be procured by the contractor from the main producers or their

authorized dealers only .

1.2.2  Cement older than 3 months from the date of manufacture as marked opn the bags shall not be

accepted. Cement bags should bear the following marking :-

i.  Manufacturers name . ii.Regd. trade mark of manufacturer if any. Iii Type of cement. IV.

Weight of each bag in kg or no. of bags/tones. V. Date of manufacture generally marked as

week of the year/year of manufacture.

1.2.3.  Quality test certificate for cement as per IS 4031 shall be furnished by the contractor/s at his own cost

from the mfg. Before used of cement.

1.2.4.  Railway may also take sample during the course of execution of work and get the cement tested to

ascertain its conformity to the relevant 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. Following test interalia shall

be carried out. I. Fineness. Ii. Compressive strength iii. Initial and final setting time. Iv Consistency . v

Soundness.

1.2.5.  In case samples tested do not pass quality tests conducted, the entire batch of cement supplied shall berejected and returned to the contractor/s no payment will be made on this account.

1.2.6.  For storage of cement, the contractor shall have to construct temporary Godowns at his own cost. The

contractor shall bring the cement to the site of work on ly on written instructions from Gazetted officer/ 

in-charge of work it will be obligatory on the part of the contractor to get every consignment/ truck of 

cement weighted in the presence of inspector in-charge or his representative and supply the original

copy of weight slip along with consignment. The inspector in-charge will verify the weight of cement

brought to the site of work and return one verified weight slip to the contractor after the same is

stacked inside the cement Godown under his supervision.

1.2.7.  The record of cement brought to the site of work, daily consumption, daily opening balance and closing

balance shall be maintained at the site jointly by the inspector in-charge of work and contrcontractor/s

or his/their authorized representative./ For this purpose , 2 sets of registers duly reconciled and signed

by the contractor/s and the inspector in-charge of work certifying the opening balance,. Consumption,

closing balance should be maintained. One register each shall be kept in the custody of inspector in-charge of work and contractor or his authorized representative.

1.2.8.  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 shall be used at the site only and shall not be taken from site for any purpose.

1.2.9.  The contractor shall make the cement Godown available for inspection any time along with connected

record to the site Engineer or his representative as and when required.

1.2.10.  Land for constructing the temporary cement Godown shall be handed over by the Railway on the

written request of the contractor free of any rent, for construction period only.

1.2.11.  the contractor shall ensure that after completion of the work and /or termination of the cement for any

reason whatsoever, the temporary cement Godown shall be dismantled and all dismantled

material/debries shall be removed and the clear site shall be handed over back to Railways. All the

released material shall be the property of the contractor/s and no payment shall be made b y the

Railway’s for dismantling leading the material etc. The final bill and earnest money shall not bereleased unless the Godown is dismantled and the site is cleared in all respects.

Signature of the tenderer/s Page 44 of 46 Signature of DEN/ Sr. DEN-

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1.3. Tolerance requirements for the mass of cement.

1.3.1.  Cement supplied one time will be taken as forming one batch. The number of bags taken for sample

from each batch shall be as under :-

S.No. Batch Size  Sample size

1 100 to 150 20

2. 151 to 280 32

3. 281 to 500 50

4. 501 to 1200 80

5. 1201 to 3200 125

6. 3201 and above 200

1.3.2.  The number of bags in sample showing a minus error greater than 2 percent of the specified net mass (

50kg) shall be not more than 5 percent of bags in the sample .Also the minus error in one of such bags

in the sample shall exceed 4 percent of the specified net mass of cement in the bags. In case, the minus

error exceeds the percentages herein, the entire batch of cement samples shall be rejected.

1.3.3.  The consumption of cement on works shall be assessed on the basis of cement contents per unit

quantity for various items of works as per N.S/SOR-1996 of cement contents per unit quantity as per

design in case of designed 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 specifically ordered inthe NS item rate or tender conditions, a variation of +1% ( max) will be allowed in the consumption of 

cement of works.

1.3.4.  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 of sheets may be used in place of sleepers but these

must be placed at least 20cm above the floor .The bags shall be stacked at least 50cm clear of the walls

to prevent deterioration. The wooden sleepers/scrap GI sheet shall be arranged by the contractor/s at his

 /their own cost.

1.3.5.  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 the 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 that is set or

partially set is on no account to be used.

1.3.6.  The cement brought to the site/Godown in excess of the requirement calculated based on the cementfactors shall be taken back by the contractor/s on completion of the work after written approval from

ADEN/SEN on proper documents.

1.3.7.  Payment as per relevant NS items will be made on the basis of quantity of cement actually consumed

and the quantity calculated as per cement factor for various items, whichever is less subject to recovery

as per clause 11.3.8 below.

1.3.8.  Cement actually consumed on works shall normally match the quantity calculated as eper 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 of the cement factors for various items by more 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.

1.3.9.  Empty cement bags will be the property of contractor.

1.40. When Portland pozzolana cement is used in plain & reinforcement concrete, it is to be ensured that

proper dmap curing of concrete at least for 14 days and supporting form work shall be removed till

concrete attains at least 75% of the design strength.

Signature of the tenderer/s Page 45 of 46 Signature of DEN/ Sr. DEN-

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5.0  CONDITIONAL TENDERS

Conditional tenders are liable to be rejected straight away. Railways reserve the right to reject such tenders

summarily without assigning any reasons whatsoever.

For  Divisional Railway Manager,

 Northern Railway, Firozpur Cantt (Punjab

For and on behalf of the President of India

I/We agree to abide by the terms and conditions mentioned at page 1 to ______ in all as well as general

conditions of contract, 1999, standard specifications for materials and works, 1987 and the standard

schedule of rates, 1996 of the Northern Railway to the extent the latter three books are applicable.

Signature of the Tenderer/s

Address ………………………………………………………..

..............................................................................

END OF TENDER DOCUMENT (LAST PAGE)