Northern Railway AmbalaTender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 1 TENDER DOCUMENT START OF DOCUMENT NORTHERN RAILWAY (AMBALA DIVISION) (TOP SHEET) Tender No. Open Tender No. 85-Sr.DEN-III/UMB/12-13 Tender Notice No. NIT-15-UMB-12-13 Name of Work Repair to drain cover, & Flooring of Officer’s Rest House with vitrified tiles at Barog Station including to repair of wornout wooden columns in station building of Solan and Sonwara Stations on Kalka – Shimla Section in the section of SSE/W/Kalka/Shimla under ADEN/Shimla. Validity Period 90 days Approximate Cost (In Rs.) 14,93,402/- Completion Period 6 Months Maintenance Period 6 Months Earnest Money (in Rs.) 29,870/- Similar Work NA Cost of Tender Documents (in Rs.) 2000/- Last Date/Time of Close of sale 23.8..2012 (Upto 12.00 hrs) Last Date/Time of receipt of Tenders 23.8.2012 (Upto 16.00 hrs) Date/Time of Opening of Tender 23.8.2012 J ust after 16.00 hrs. Place of Purchasing/submitting/ opening of Tenders Office of Sr. Divl. Engineer, Coordination, (WA Section) ,DRM Complex, Ambala Cantt. Name and address of Contractor/Party …………………………………………………………………………………………… …………………………………………………………………………………………………. The following information should be furnished invariably 1 Status of the Tenderer whether Sole Proprietor/Partnership Firm/Pvt. Ltd./Public Ltd. Company/PSU/Coop Society etc. 2 When was the Partnership constituted and deed executed, if any 3 Whether attested copies of Partnership Deed and Power of Attorney furnished with the tender 4 Whether the list of works executed/now being executed by contractors with their value and Agreement No, with the tender is attached 5 Whether the of list of their Engineering organization and equipment’s, construction tools and plants furnished with the tender 6 Whether the lists of works executed/in hand and payments received during the last 3 and current financial years are furnished 7 Details of Earnest Money being deposited (Please note that Deposit Receipt must have an endorsement from the issuing authority that “received from M/s./Shri………. (Name of Tenderer) & pledged in favour of Sr. Divisional Finance Manager, Northern Railway, Ambala.” 8 Details of cost of Tender Document (DD No. & date) if down loaded from Internet. NOTE (1) The above information may please be furnished invariably otherwise the tender is likely to be rejected. (2) Please ensure that the Earnest money, Tender document cost , Similar nature of work & Special conditions must be checked by contractor before submission of Tender form and follow as per instructions mentioned inside in Tender document also Signature of tenderer/s Address: ……………………………………………………….. ………………………………………………………. Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 2 (FIRST SHEET) Name of work :- Repair to drain cover, & Flooring of Officer’s Rest House with vitrified tiles at Barog Station including to repair of wornout wooden columns in station building of Solan and Sonwara Stations on Kalka – Shimla Section in the section of SSE/W/Kalka/Shimla under ADEN/Shimla. The President of India Acting through Sr. Divisional Engineer (Coordination), Northern Railway, Ambala. 1. I/We _________________ have read the various conditions to tenderers attached hereto and agree to abide by the said conditions. I/We also agree to keep this tender open for acceptance for a period of 60 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 work for Northern Railway at the rates quoted in attached schedule and hereby bind myself/ourselves to complete the work in all respect within 6 Months from the date of issue of acceptance letter of the tender. 2. I/We also hereby agree to abide the General conditions of contract 1999(corrected up-to-date) and correction slip no.________ dated __________ and as carryout the work according to the special conditions of contract and specifications of materials and work as laid down by Railway in the annexured special conditions, special specifications and N.R. works hand book corrected upto printed/advance correction slip No. _________ dated__________ schedule of rates corrected upto printed/advance correction slip No._________ dated ______________for the present contract. 3. A sum of Rs. ______________is herewith forwarded as earnest money. The full value of the earnest money shall stand forfeited without prejudice to any other right or remedial in case my/our tender is accepted and if: a) I/We do not execute the contract documents within seven days after receipt of notice issued by the Railway that such documents are ready; and b) I/We do not commence the work within 15 (Fifteen) days after receipt of orders to that effect. 4. Untill a formal agreement is prepared and executed, acceptance of this tender shall constitute and binding contract between us subject to modifications as may be mutual agreed between us and indicated in the letter of acceptance of my/our offer for this work. Sig. of witness: 1. ________________ 2. ________________ (Second Sheet) Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 3 Instructions to tenderer/s and conditions of tender: 1. The following documents form part of tender/contract:- a) Tender Forms: First sheet and second sheet. b) Special conditions/specifications (enclosed) c) Schedule of approx. Quantities (enclosed) d) General conditions of Contract & standard specifications for materials and works of N.R. as amended/corrected upto correction slips mentioned in Ist sheet of tender form, copies of which can be seen in the office of Sr. DEN/C/Ambala or obtained from the office of the CE/Northern Railway on payment of Rs. 100/-. e) Schedule of Rates as amended/corrected upto correction slip as mentioned in First sheet of tender sheet of tender form. Copies of which be seen in the office of Sr.DEN/C/Ambala or obtained from the Engineering Wing, N.Rly., Fourth Floor, Baroda House, New Delhi on payment . f) All General and detailed drawings pertaining to this work which will be issued by the Engineer or his representative (from time to time) with all changes & modifications. 2. Drawings for the works: The drawings for the work can be seen in the office of Sr. DEN/C/Ambala at any time during the office hour. The drawings are only for guidance of tenderers. Detailed working drawings, if required based generally on the drawings, mentioned above will be given by the Engineer or his representative from time to time. 3. The tenderer/s shall quote his/their rates as %age above/below/at par the schedule of rates of the Northern Railway except where he/they are required to quote item rates and must quote all the items shown in the schedule of approximate quantities attached. The rate/s should be quoted in figures as well as in words. If there is a variation between the rates quoted in figures and in words, the rate as quoted in `words' shall be taken to be as correct. If more than one or improper rates are tendered for the same item, the tender is liable to be rejected. The quantities shown in the attached schedule are given as a guide and are approximate only and are subject to variation to the needs of the railways. The railway does not guarantee work under each items of the schedule. 3A. Variation in quantities:- The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts: 1. Individual NS items in contracts shall be operated with variation of plus or minus 25% and payment would be made as per the agreement rate. For this, no finance concurrence would be required. 2. In case of increase in quantity of an individual item by more than 25% of the agreement quantity is considered as unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh tender for operating that item is considered not practicable, quantity of that item may be operated in excess of 125% of the agreement quantity subject to the following conditions: (a) Operation of an item by more than 125% of the agreement quantity needs the approval of an officer of the rank not less than S.A. Grade : (i) Quantities operated in excess of 125% but upto 140% of the agreement quantity of the concerned item, shall be paid at 98% of the rate awarded for that item in that particular tender. Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 4 (ii) Quantities operated in excess of 140% but upto 150% of the agreement quantity of the concerned item, shall be paid at 96% of the rate awarded for that item in that particular tender (iii) Variation in quantities of individual item beyond 150% will be prohibited and would be permitted only in exceptional unavoidable circumstances with the concurrence of associate finance and shall be paid at 96% of the rates awarded for that in that particular tender. (b) The variation in quantities as per the above formula will apply only to the Individual items of the contract and not on the overall contract value. (c) Execution of quantities beyond 150% of the overall agreement value should not be permitted and, if found necessary, should be only through fresh tenders or by negotiating with existing contractor, with prior concurrence of FA & CAO/FA&CAO(C) and approval of General Manager. 3. In cases where decease is involved during execution of contract: The contract signing authority can decrease the items upto 25% of individual item without finance concurrence. For decrease beyond 25% for individual items or 25% of contract agreement value, the approval of an officer not less than rank of S.A. Grade may be taken, after obtaining ‘No Claim Certificate’ from the contractor and with finance concurrence giving detailed reasons for each such decrease in the quantities. It should be certified that the work proposed to be reduced will not be required in the same work. 4. The limit for varying quantities for minor value items shall be 100% (as against 25% prescribed for other items). A minor value item for this purpose is defined as an item whose original agreement value is less than 1% of the total original agreement value. 5. No such quantity variation limit shall apply for foundation items. 6. As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as a whole and not on individual SOR items. However, in case of NS items, the limit of 25% would apply on the individual items irrespective of the manner of quoting of the rate (single percentage rate or individual item rate). 7. For the tenders accepted at the Zonal Railways level, the variation in the quantities will be approved by the authority in whose powers the revised value of agreement lies. 8. For tenders accepted by General Manager, variations upto 125% of the original agreement value may be accepted by General Manager. 9. For tenders accepted by Board Members and Railway Ministers, variations upto 110% of the original agreement value may be accepted by General Manager. 10. The aspect of vitiation of tender with respect to variation in quantities should be checked and avoided. In case of vitiation of the tender (both for increase as well as decrease of value of contract agreement), sanction of the competent authority as per single tender should be obtained. 4. Tender containing erasures and / or alterations of the tender documents are liable to be rejected. Any corrections made by the tenderer/s in his/their entries must be attested by him/them. 5. The works are required to be completed within a period of __________ months from the date of issue of acceptance letter. Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 5 6. Earnest money & Security Deposit (A) Eearnest Money (a) The tenderer/s will have to deposit the requisite earnest money as indicated in the tender notice along-with the tender which has been calculated as hereunder:- Tender Value Earnest Money Works estimated to cost up-to Rs. 1 crore 2% of the estimated cost of the work (rounded off to next Rs. 10/-) Works estimated to cost more than Rs. 1 Crore Rs. 2 lakhs plus ½% (half percent) of the excess of estimated cost of work beyond Rs. 1 crore (rounded off to next Rs. 10/-) subject to a maximum of Rs. 1 Crore The tenderer shall be required to deposit earnest money with the tender for the due performance with the stipulation to keep the offer open till such date as specified in the tender, under the conditions of tender. This earnest money shall be applicable for all modes of tendering. (b) It shall be understood that the tender documents have been sold/issued to the tenderer and the tenderer is permitted to tender in consideration of stipulation on his part, that after submitting his tender he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the Engineer. Should the tenderer fail to observe or comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to the Railway. (c) If his tender is accepted this earnest money mentioned in sub clause (a) above will be retained as part security for the due and faithful fulfillment of the contract in terms of Clause 16 of the General Conditions of Contract. The Earnest Money of other tenderers, shall save as herein before provided, be returned to them, but the Railway shall not be responsible for any loss or depreciation that may happen thereto while in their possession, nor be liable to pay interest thereon. (d) The practice of allowing Standing EMD is dispensed forthwith for all tenders. The Earnest Money should be in cash or in any of the following forms:- (i) Deposit receipts, pay orders, demand drafts. These forms of earnest money could be either of the State Bank of India or of any of the nationalized banks. No confirmatory advice from the Reserve Bank of India will be necessary. (ii) Deposit receipts executed by the Scheduled Banks (other than the State Bank of India and the nationalized Banks) approved by the Reserve Bank of India for this purpose. The Railways will not, however, accept deposit receipt without getting in writing the concurrence of the Reserve Bank of India. (b) Earnest Money may also be accepted in the following forms:- 1 Government securities at 5% below the market value 2. A deposit in the Post Office Saving Bank 3. National Savings Certificates 4. A deposit in the Post Office Saving Bank 5. Twelve Year National Defence Certificates at their surrender value 6. Ten Year Defence Deposits at their surrender value 7. National Defence Bonds at their surrender value 8. Time Deposit Account which came into force on 16.3.1970 and notified under Ministry of Finance, Notification No.F3(7)NS/70 dated 28.2.1970 9. IRFC Bonds Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 6 The requisite Earnest Money is required to be deposited either in cash with the Divisional Cashier, Northern Railway, Ambala on any working day before 12.00 Hrs. on the stipulated date of opening of the tender or in the form prescribed above and must have an endorsement from the authority issuing such Deposit Receipt/Pay Order/DD etc. that “received from M/s./Shri………. & pledged in favour of Sr. Divisional Finance Manager, Northern Railway, Ambala.” The official cash receipt having a mention of the firm/individual who has deposited the cash or the Deposit Receipt, Pay Order or Demand Draft as mentioned above, as the case may be, is to be attached with the tender, failing which, tender will be rejected. N O T E 1. Tenders submitted with Earnest Money in any form other than those specified above shall not be considered. 2. Any request for recovery from outstanding bills for earnest money against present tender will not, under any circumstances be entertained. 3. No interest will be payable upon the Earnest Money and Security Deposit or amounts payable to the contractor under the Contract. COST OF TENDER DOCUMENTS: Sr. No. Advertised Cost of Work Tender Cost (Per Set) Rs. Plus Postage Charges (if required by Post) 1 Up-to Rs. 5.00 Lac 1,000/- 2 Above Rs. 5.00 Lac and up-to Rs. 20.00 Lac 2,000/- 3 Above Rs. 20.00 Lac and up-to Rs. 50.00 Lac 3,000/- 4 Above Rs. 50.00 Lac and up-to Rs. 2.00 Crore 5,000/- 5 Above Rs. 2.00 Crore and upto 50.00 Crore 10,000/- Rs. 500/- Per Set SECURITY DEPOSIT If the tenders is accepted, the amount of earnest money will be retained and adjust as security deposit for the due and faithfulment of the contract. This amount of security deposit shall be forfeited if the tenderer/s /contractors fail to execute the agreement and not deposit performance guarantee within seven days after receipt of notice issued by the railways that such documents are ready or to commence the work within 15 days after receipt of order this effect. Unless otherwise specified in the special conditions, if any, the security Deposit/rate of recovery/mode of recovery shall be as under:- (i) Security Deposit for each work will be 5% of the contract value. (ii) The rate of recovery will be at the rate of 10% of the bill amount till the full security deposit is recovered (iii) Security deposits will be recovered only from the running bills of the contract and no other mode of collecting SD such as SD in the form of instruments like BG,FD etc. shall be accepted towards Security Deposit. (iv) The security deposit unless forfeited in whole or in part as per the provisions of GCC shall be released only after the expiry of the maintenance period and after passing the final bill based on an unconditional and unequivocal ‘No Claim Certificate’ from the contractor. 7. Rights of the railways to deal with tender: The authority for the acceptance of tender will rest with the railways it shall not be obligatory on the said authority to accept the lowest tender or any other tender and no tenderer/s shall demand any explanation for the calls of rejection of his/their tender nor the railway undertake to assign reasons for declining to consider or reject any particular tender or tenders. 8. If the tenderer/s deliberately gives wrong information in his/their tender or creates circumstances for the acceptance of his/their tender, the railway reserves the right to reject Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 7 such tender at any stage. Additional conditions or stipulations if any must be made by the tenderer/s in a covering letter with the tender. The Railway reserves the right not to consider conditional tenders and reject the same without assigning any reason. Only those additional conditions which are explicitly accepted by the Railway shall form part of the contract. 9. If the tenderer/s expires after the submission of his/their tender or after the acceptance of his/their tender, the railway shall deem such tender cancelled. If a partner of a firm expires after the submission of their tender or after the acceptance of their tender, the railway shall deem such tender as cancelled unless the firm retain its character. 10 Permanent Account No.: The tenderer/s is /are required to produce along with his/their tender an authorized copy of the PAN CARD or a sworn affidavit duly countersigned by the Income Tax Officer should be submitted with tender document. 11.Tenderer/s credentials, documents testifying tenderer/s previous experience and financial status should be produced along with the tender or when desired by competent authority of the northern railway. Tenderer/s who have not carried out any work so far on this railway and who is/aren’t borne on the approved list of contractors of Northern Railway should submit along with his/their tender credentials to establish. (i) His capacity to carry out the work satisfactorily (ii) His financial status supported by bank reference and other documents. (iii) Certificate duly attested and testimonials regarding contracting experience for the type of job for which tender is invited with list of work carried out in the past. 12. Tender must be enclosed in a sealed cover super scribed “Tender No._______________________ and must be sent by registered post to the address of “Senior Divisional Engineer (Coordination), Northern Railway, DRM Office, Rail Vihar Ambala Cantt- 133001” so as to reach his office not later that 16.00 hrs. on the date fixed for opening or deposited in the special box allotted for the purpose in the office of Senior Divisional Engineer (Coordination), Northern Railway, DRM Office, Rail Vihar Ambala Cantt. The tenders will be opened at 16.00 hrs on the same day. The tender papers will not be sold after 12.00 hrs on the date fixed for opening. 13 Non- compliance with any of the conditions set forth above is liable to result in the tender being rejected. 14 (a) Execution of contract documents: The successful tenderer/s shall be required to execute an agreement with the President of India acting through the Sr. DEN/C/NR/Ambala for carrying out the work according to GCC, Special conditions/specifications annexed to the tender and specifications for work and materials on NR as amended/corrected into correction slip mentioned in tender form (First Sheet). (b) 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 issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 30 days and upto 60 days from the date of issue of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 15% per annum shall be charged for the delay beyond 30 days i.e. from 31 st day after the date of issue of LOA. In case the contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the contract shall be terminated duly forfeiting the EMD and other dues, if any payable against that contract. The failed contractor shall be debarred from participating in re-tender for that work. Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 8 (b) The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% of the contract value: (i) A deposit of cash, (ii) Irrevocable Bank guarantee, (iii) Government securities including State Loan Bonds at 5 percent below the market value. (iv) Deposit Receipts, Pay orders, Demand Drafts and Guarantee Bonds. These forms of performance guarantee could be either of the State Bank of India or any of the Nationalized Banks (v) Guarantee Bonds executed or deposits Receipts tendered by all Scheduled Banks, (vi) A deposit in the Post office Saving Bank, (vii) A deposit in the National Saving Bank, (viii) Twelve years National Defence Certificates, (ix) Ten years Defence deposits, (x) National Defence Bonds, and (xi) Unit Trust certificates at 5 percent below market value or at the face value which ever is less. Also FDR in favour of Sr. Divisional Finance Manager, Northern Railway, Ambala (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 has been issued, but before signing of the agreement. The Performance Guarantee shall be initially valid upto the stipulated date of completion plus 60 days beyond that. In case, the time limit for completion of work gets extended, the contractor shall get the validity of Performance Guarantee extended to cover such extended time for completion of work plus 60 days. (d) The value of the PG to be submitted by the contractor will not change for variation upto 25% (either increase or decrease). In case during the course of execution, the value of the contract increases by more than 25% of the original contract value, an additional Performance Guarantee amounting to 5% for the excess value over the original contract value shall be deposited by the contractor. (e) The Performance Guarantee (PG) shall be released after the physical completion of the work based on the ‘Completion Certificate’ issued by the competent authority stating that the contractor has completed the work in all respects satisfactorily. The security deposit, however, shall be released only after the expiry of the maintenance period and after passing the final bill based on ‘No Claim Certificate” from the contractor. (f) Wherever the contract is rescinded, the security deposit shall be forfeited and the Performance Guarantee shall be encashed and the balance work shall be got done independently without risk and cost of the failed contractor, the failed contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is a JV or a partnership firm, then every member/partner of such a firm shall be debarred from participating in the tender for the balance work either in his/her individual capacity or as a partner of any other JV/partnership firm. (g) The Engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (not withstanding and /or without prejudice to any other provisions in the contract agreement) in the event of : Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 9 (i) Failure by the contractor to extend the validity of the Performance Guarantee as described herein above, in which event the Engineer may claim the full amount of the Performance Guarantee. (ii) Failure by the contractor to pay President of India any amount due, either as agreed by the contractor or determined under any of the Clauses/Conditions of the Agreement, within 30 days of the service of the notice to this effect by Engineer. (iii) The contract being determined or rescinded under provision of the GCC the Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of India. 15. Partnership deeds, power of attorney etc: The tenderer shall clearly specify whether the tender is submitted on his own or on behalf of a partnership concern. If the tender is submitted on behalf of a partnership concern, he should submit the certified copy of partnership deed along with tender and authorization to sign the tender documents on behalf of partnership firm. If these documents are not enclosed along with tender documents the tender will be treated as having been submitted by individual signing tender documents. The railway will not be bound by the power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however recognize such power of attorney and changes after obtaining proper legal advise, the cost, which will be chargeable to the contractor.(For detail information please see Annexure-K-2) 16. The tenderer/s whether sole proprietor or a Ltd. Company or a partnership firm, if they wanted to act through agent or individually partners should submit along with the tender or at a later stage a power or attorney duly stamped and authenticated by a Notary public or by Magistrate in favour of the specific person specifically authorizing him/them to submit the tenders, sign m/ment books, compromise/settle, relinquish any claim preferred by the firm and sign No claim Certificate and refer all or any dispute to arbitration. 17. Employment/partnership etc of retired Railway employee. a) Officer working before his retirement whether in the executive or Admn. Capacity, or whether holding a pension able post or not in the Deptt. Of any of the railway owned and administered by the President of India for the time being or partnership firm have as one of its partner a retired Engineer or retired Gazette Officer as aforesaid or should have any such retired Engineer, Retired G. Officer as one of its director or should a tenderer have in his employment any retired Engineer, retired G. Officer as aforesaid, the full information as to the date of retirement of such engineer or G. Officer from the date of retirement of such engineer or officer had not retired from Govt. service at less than 2 years prior to the date of submission of the tender as to whether permission for taking such contract or the contract be partnership firm or as incorporated company or become a partner or director as the case may be or to take the employment under the contractor has been obtained by the tenderer or the Engineer or Officer as the case may be from the president of India or any officer, duly authorized by him in this behalf shall be clearly stated in writing at the time of submission of the tenders. Tenders without the information above referred to paras statement to the office that no such retired engineer or retired G. Officer is so associated with the tender as the case may be, shall be rejected. b) Should a tenderer of contractor being an individual on the list of approved contractors have a relative or in the case of partnership firm or company of contractors one or more of his share holder/s or relative of the share holder employed in the Gazetted capacity in the concerned department of the N.R The authority inviting the tenders shall be informed of the fact at the time of submission of tenders, failing which the tender may be disqualified/rejected or if such fact subsequently comes to light, the contract may be rescinded in accordance with the provision in clause 62 of the General Conditions of Contract. Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 10 18. The cancellation of any documents such as power of attorney partnership deed etc shall forthwith be communicated to the railways in writing failing which railway shall have no responsibility or liability for any action taken on the strength of the said documents. 19. Sale Tax, octroi, royality, toll tax, other leviable taxes by the Central or State Govt./Local bodies shall be borne by the tenderers. No such taxes on contractor’s labour or materials shall be paid by the railway. 20. No lead, lift, loading, unloading, stacking and freight charges on any kind incld. Hand shunting of wagons will be paid for contractor’s materials. Demurrage charges on the wagons shall be paid by the contractor and it would be his own obligations to unload wagons within the free time allowed. 21. The tenderers to note that the railway materials required for executing the work will be supplied in IOW/PWI’s store and this will be over ride and notes appearing their respective chapters of USSOR-2010 ed. and therefore, contractors shall lead materials from site of delivery to the site of work and no lead, lift, loading, unloading etc shall be paid for Rly. Materials. 22. The tenderers are also desired to give address in space provided for address in the tender form their correct address which correspondence be made with them. They should also note that the letters, notices issued to them on the address will deemed to have been delivered to them irrespective of the fact whether they take delivery thereof or not. 23. For doing sanitary work, the contractors will have to employ licensed plumber authorized to carryout the work in the area. 24. The contractor shall give co-ordinate the work with other department i.e. Electric installation, signaling interlocking work and any other work allotted by Rly. Admn. To a contractor or other department. No claim on any kind whatsoever shall be entered if the execution of any work done by the building contractors is held up to due to hindrance or as a result of any department in these works. 25. The tenderer/s to note that the payment for the work done will be made to them only after the formal agreement has been executed between the Admn. & contractors and firm. 26. The contractor is bound to dress up and clean the site with in one week of issue of notice by the Engg. Incharge failing which the engineer-incharge can without any further notice to correct such work by deputing departmental labour and debit the cost to the contractor. Conservancy cess charges will be recovered as per letter No. F(X)1/95/1/1 dated 01/10/99 are as under:- i) Contractor having labour 1 to 5 = Rs.61/- Per Month ii) Contractor having labour 6 to 10 = Rs. 120/- Per Month 27. In case the overall value of tender by a public sector under taking of the State or Central Govt. is upto 10% higher than the lowest tender of private to tender, the railways reserve the right to give preference to the tender of public sector undertaking ignoring the lowest tenderer/s. 28. Regarding steel item where testing required, test certificate on steel will be furnished by the contractor at his own cost from laboratories approved by the Engg. Incharge. Nothing extra will be paid for un-authorized laps, the wastage of steel involved in cutting the bars to their required sizes. 29. The contractor will employ one graduate engineer, if the cost of the work is Rs.15.00 lacs or more. In case more cost is in excess of Rs.5.00 lacs and below Rs.15.00 lacs, a diploma Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 11 engineer will be employed by the contractor. In case the contractor fails to employ the engineer as required. the contractor shall be liable to pay a sum of Rs.2000/- per month for not employing gradate engineer and Rs.1000/- P.M. for not employing diploma Engineer. 30. No claim certificate furnished by the contractor does consists special agreement whereby he owns admits and acknowledge the money is due to him in c/with security of that particular contract by him. This contract has given No claim certificate and his final bill has been finalized and paid. The contractor cannot turned and ask for more payment even if past audit record shows that he has been paid less. 31. In case the tenderer/s withdraws his offer within the validity date, the full earnest money will be forfeited. 32. That vehicles and equipment of contractor can be drafted by railway administration in case of accidents/natural calamities. (Dy. C.E./TO N.Rly. L.NO. 1-W/O/Accident Management dated 11/3/2004. 33. PAYMENTS : All payments in respect of the contract during the currency of the contract shall be made through Electronic Clearing System (ECS) / Electronic Funds Transfer (EFT). The successful tenderer on award of contract must submit prescribed ECS/EFT Mandate Form complete in all respects. However, if the facility of ECS / EFT is not available at a particular location the payment shall be made by Cheque/Demand Draft. In such case the successful tenderer on award of contract will have to furnish contractor’s Bank Account Number and Name of the Bank against which all payments in respect of the contract during the currency of contract shall be made. 34. Special conditions for tenders costing above Rs. 50.00 lacs. (Credentials to be submitted by the tenderers alongwith tender documents ) 34.1 Tenderer/s should enclose documents and certificates to show that he/they has/have satisfactorily carried out works of the type involved in the construction of the work being tendered for. He/they should also produce proof to the satisfaction of the Railway of his/their technical ability and financial stability to undertake the work of the magnitude tendered for. 34.2 The tenderer/s shall submit with his/their tender a list of serviceable machinery, tools and plants, equipment’s and vehicles he/they has/have in hand for executing the work and those he/they intends/intend to purchase. 34.3.(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 of all types (not necessarily similar in type of work in this tender) indicating the organization/ units from which the payments have been received. Necessary certificates in this regard, from the authorities who 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 with them. v) Technical eligibility criteria (a) As a proof of technical experience,/competence, the tenderer should have physically completed successfully at least one similar single work for a minimum value of 35% of advertised tender value, inclusive of the cost of cement and steel, in last three financial years (i.e. Current year and three previous years) upto the date of opening of the tender. (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 and current financial year (even though the work might have commenced before the qualifying period) should only be considered in evaluating the eligibility criteria. Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 12 ii) The total value of similar nature of work completed during the qualifying period and not the payment received within qualifying period alone, should be considered. In case, the final bill of similar nature of work has not been passed and final measurements have not been recorded, the total paid amount including statutory deductions is to be considered. If final measurements have been recorded and work has been completed 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 variation but variation has not been sanctioned, original agreement value or last sanctioned agreement value whichever is lower should be considered for judging eligibility. iii) In case of composite works involving combination of different works, even separate completed works of required value should be considered while evaluating the eligibility criteria. For example, in a tender for bridge work where similar nature of work has been defined as bridge work with pile foundation and PSC superstructure, a tenderer, who had completed one bridge work with pile foundation of value at least equal to 35% of tender value and also had completed one bridge work with PSC superstructure of value at least equal to 35% of tender value should be considered as having fulfilled the eligibility criterion of having completed single similar nature of work. (vi) Financial Eligibility Criteria. As a proof of sufficient financial capacity and organizational resources, contractor should have received the total payments against satisfactory execution of all completed/ongoing works of all types (not confined to only similar works) during the last three financial years and in the current financial year (upto the date of opening of the tender) of a value not less than 150% of the advertised cost of work including the cost of cement and steel. (vii) “For judging the technical eligibility and financial capability only those works which had been executed for the Govt. or Semi Govt. organizations shall be considered and the tenderer will submit the certificate to this effect from the officer concerned duly signed under the official seal. It should be noted that credentials for the works executed for Private Organizations shall not be considered. viii) The tenderer/s/contractor shall submit a statement of contractual payment received during the last three financial years and current year on the prescribed proforma as detailed at Annexure-I. The details shall be based on the form 16-A issued by employer i.e. the certificate of deduction of tax at a source under Section 203 of the Income Tax Act, 1961. The photocopies of the form 16A shall be enclosed duly attested by 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 free of cost, tenderer must submit the completion certificate indicating cost of these materials and total cost of work (including cost of cement/steel) shall be considered to decide eligibility or otherwise. x) The overall financial soundness of the tenderers will be evaluated based upon the volume of the work handled, turn over, balance sheet etc. tenderers will accordingly furnish these particulars for the last three years (i.e. current year and three previous financial years) duly supported by latest audited results/balance sheets. xi) Tenderer has to satisfy the eligibility criteria for technical capability and competence as well as for financial capacity and organizational resources. xii) If the tenderer is a J V/Consortium, each partner of J V/Consortium should have good credentials and the J V/Consortium should meet the technical and financial criteria as per the guidelines given in enclosed Annexure- ‘ A’ & A-1. xiii) If the tenderer is a partnership firm, the condition and the technical & financial eligibility criteria will be applicable as per guidelines given in enclosed Annexure A-2. 35. Fencing at work site: Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 13 Contractor(s) while executing the work shall provide suitable fencing/barricading to protect/segregate the existing Railway line/Building/Structure from any damage and un- toward incident, as per the directions or plan approved by Engineer-in-charge. 36. Safety Gear: During execution of the work, contractors shall ensure that all safety precautions are taken by their men to protect themselves and site to prevent any untoward incident. In this regard contractor will ensure that adequate number of safety helmets, safety belts, safety jackets with reflective arm band, rope, ladders emergency light, red hand flags, red hand lamps, banner flags & whistles etc. are available at site before the work is actually started. The above list is only indicating and is not exhaustive and arrangement of the safety items as per the requirement will be the sole responsibility of the contractor. Railway reserve the right to stop the work in the absence of proper safety gear and no claim shall be entertained in this regard, decision of the Engineer-in-charge will be final and binding upon the contractor. The cost of all the safety gear is deemed to have been included in the rates quoted and nothing extra is payable under this contract. 37.0. Price Variation Clause : 37.1 The rates quoted by tenderer and accepted by Railway Administration shall hold good till the completion of the work and no additional individual claim will be admissible on account of fluctuation in market rates, increase in taxes/ any other levies/- tolls etc. except that payment/recovery for overall market situation shall be made as per price variation clause given in para below : 37.2 No cognizance will be given for any sort of fluctuations in taxes and other market conditions etc. for any individual item for the purpose of making adjustment in payments. The contact shall, however, be governed by the general price variation clause as under : 37.3 Adjustment for variation in prices of material, labour, fuel, explosives, detonators shall be determined in the manner prescribed below: 37.4 The percentage component of various items in a contract on which variation in prices shall be admissible. 37.5 A-1. The amount of variation in prices in the several components (labour material etc.) shall be worked out by the following formulae (except cost of steel and cement supplied by contractor as a separate NS item) :- (i) L = Rx (I-Io) x P Io 100 (ii) M = Rx (W-Wo) x Q Wo 100 (iii) U =R x (F-Fo ) x Z Fo 100 (iv) X =R x (DE-Do ) x S Eo 100 (v) N = R x (D-Do ) x T Do 100 L – Amount of Price Variation in Labour M – Amount of Price Variation in Materials U – Amount of Price Variation in Fuel X – Amount of price variation in Explosives N – Amount of price variation in Detonators R – Gross value of the work done by the contractor as per on account bill(s) excluding (i) Cost of materials supplied by Railways at fixed price Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 14 (ii) Cement and steel provided by the contractor for which separate PVC formulae is given in clause no. 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 will be indicated in the contractor’s offer). Io – Consumer Price Index Number for Industrial Workers – All India –as Published in RBI Bulletin for the base period. I – Consumer Price Index Number for industrial Workers – All India- as published in RBI Bulletin based on the average price index of the three months of the quarter. Wo – Index Number of wholesale Prices – By Groups and sub-groups – All commodities – as published in the RBI Bulletin for the base period. W – Index Number of wholesale Prices – BY groups and sub groups – All commodities – as published in the RBI Bulletin based on the average price index of the three months of the quarter. Fo – Index Number of wholesales Prices – By Groups and sub-Groups for Fuel, Power, Light and Lubricants as published in the RBI Bulletin for the base period. F – Index Number of wholesale Prices – By Group and sub-groups for Fuel, Power, Light and Lubricants as published in the RBI Bulletin based on the average price index of the three months of the quarter Eo - Cost of explosives as fixed by DGS & D in the relevant rate contract of the firm from whom purchases of explosives are made by the contractor for the base period. E - Cost of explosive as fixed by DGS & D in the relevant rate contract of the firm from whom purchases of explosives are made by the contractor for the first month of the quarter under consideration. Do - Cost of detonators as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of detonators are made by the contractor for the base period. D- Cost of detonators as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of detonators are made by the contractor for the first month of the quarter under consideration. P - % of labour component Q - % of material component Z - % of fuel component S - % of explosive component T - % of detonators component NOTE:- 1. The Price Variation Clause shall be applicable for tenders of value more than Rs.50.00 Lac irrespective of the contract completion period and PVC shall not be applicable to the tender of value less than Rs.50.00 Lacs 2. Price variation is payable/recoverable during the extended period of contract, provided the Price Variation Clause was part of the original contract and the extension has been granted on administrative ground i.e. under Clause 17-A (i), (ii) and (iii) of GCC. 3. No maximum value for the price variation is prescribed. 4. If, in any case, the accepted offer includes (i) Cost of materials supplied by Railways at fixed price (ii) Cement and steel provided by the contractor for which separate PVC formulae is given in clause no. 29.5 A 2(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 will be indicated in the contractor’s offer). Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 15 Such payments would be excluded from the gross value of the work for purpose of payment/ recovery of variations. 5. The index number for the base period will be the index number as obtained for the month of opening of the tender and the quarters will commence from the month following the month of opening of tender. However, if the rates quoted in negotiated tender are accepted, the base month for the price variation clause is the month in which negotiations are held. 6. The adjustment for variation in prices if required shall be made once every quarter in the on-account payments, if more than one on-account payment is made to the contractor in a quarter, the adjustment, if required shall be made in each bill. 7. The price variation should be based on 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 available by the Reserve Bank of India. Any adjustment needed to be done based on the finally published indices is to be made as and when they become available. 9. The weightage would be applied on the value arrived at after deducting the cost of steel and cement from the total contract value. 10. The price variation implies both increase as well as decrease in input prices and, therefore price variation during the currency of the contract may result in extra payment or recovery as the case may be. Statement showing the percentage of labour components material components, fuel components, etc. in various types of works. (a) Earthwork Contract Labour component 50% Fuel component 20% Other material components 15% Fixed component 15% * (b) Ballast and Quarry Products Contracts Labour component 55% Fuel component 15% Other material components 15% Fixed component 15%* (c) Tunneling Contracts Labour component 45% Fuel component 15% Explosive component 15% Detonaters component 5% Other material components 5% Fixed component 15%* (a) Track Renewal Works on Works with Contractor’s Portal Cranes Labour component 50% Fuel component 12.5% Other material components 12.5% Fixed component 25%* Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 16 (b) Other works Contracts Labour component 30% Material component 25% Fuel component 15% Fixed component 30%* *Will not be considered for any price variation. 37.5. A-2(I) Price Variation in case of Steel supplied by the contractor This special Price Variation Clause will be applicable only on Iron and Steel supply items of tender schedule without value addition. The amount of variation for the component of supply of steel shall be adjusted (paid/recovered) by the following formulae :- Ms = Q(Bs-Bso) where Ms= Amount of price variation in steel payable/recoverable. Q= Weight of steel in tones supplied by the contractor as per the on account bill for the month under consideration. Bs= SAIL’s (Steel Authority of India Limited) ex-works price plus Excise Duty thereof (in rupees per tone) for the relevant category of steel supplied by the contractor as prevailing on the first day of the month in which the steel was purchased by the contractor (or) as prevailing on the first day of the month in which steel was brought to the site by the contractor whichever is lower. Bso= SAIL’s ex-works price plus Excise Duty thereof (in rupees per tonne) for the relevant category of steel supplied by the contractor as prevailing on the first day of the month in which the tender was opened. NOTE: 1. Relevant categories of steel for the purpose of operating the above price variation formula based on SAIL’s ex-works price plus Excise Duty thereof are as under:- SN Category of steel supplied in the Railway work Category of steel produced by SAIL whose ex-works price plus Excise Duty thereof would be adopted to determine price variation. 1 Reinforcement bars and other rounds. TMT 8 mm IS 1786 Fe 415/Fe- 500 2 All types and sizes of angles. Angle 65x65 x 6 mm IS 2062 E250A SK 3 All types and sizes of plates. PM Plates above 10-20 mm IS 2062 E 250A SK 4 All types and sizes of channels and joints. Channels 200 x 75 mm IS 2062 E250A SK 5 Any other section of steel not covered in the above categories and excluding HTS. Average of price for the 3 categories covered under sl. No. 1,2,3 above. 2. The prevailing ex-works price of steel per tone as on 1 st of every month for the above categories of steel as advised by SAIL to Railway Board would be circulated to all the Zonal Railways. 3. Separate items for ‘supply of steel’ for RCC/PSC work should have been incorporated in the tender schedule to know the cost of steel actually consumed at any given point of time. 4. The Price Variation Clause shall be applicable for tenders of value more than Rs.50.00 Lac irrespective of the contract completion period and PVC shall not be applicable to the tender of value less than Rs.50.00 Lac. 5. Price variation is payable/recoverable during the extended period of contract, provided the Price Variation Clause was part of the original contract and the extension has been granted on administrative ground i.e. under Clause 17-A (i), (ii) and (iii) of GCC. 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 Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 17 (ii) Value of steel, for which PVC is being paid/ recovered under this clause (iii) Specific payment, if any, to be made to the consultants engaged by the contractors (such payment will be indicated in the contractor’s offer). Such payments would be excluded from the gross value of the work for purpose of payment/ recovery of variations as per clause no. 29.5 A 1. 8. The SAIL’s Ex-work price plus Excise Duty there of (in Rupees per tone) for the relevant category of steel, as prevailing on first day of the month in which tender is opened, will be considered. However, if the rates quoted in negotiated tender are accepted, the base month for PVC will be the month in which negotiations are held. 9. The adjustment for variation in prices, if required, shall be made every month in the on-account payments as per above formula. 10. The concerned Engineer will maintain a register showing receipt of steel from 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 the 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 PVC. A-2(II) Price Variation in case of Cement supplied by the contractor This special Price Variation Clause will be applicable only on Cement supply items of tender schedule without value addition. 1. The amount of variation for the component of supply of cement shall be adjusted (paid/recovered) by the following formulae :- Where Mc=R x(Wc-Wco)/Wco Where Mc=Amount of price variation in material (-Cement). R= Value of Cement supplied by contractor as per on account bill in the quarter under consideration. Wco=Index No. of Wholesale price of sub-group (of cement) as published in RBI Bulletin for the base period. Wc= Index No. of wholesale price of sub group (of cement) as published in RBI Bulletin for the first month of the quarter under consideration. Note: 1. Separate items for ‘supply of cement’ for RCC/PSC work should have been incorporated in the tender schedule to know the cost of cement actually consumed at any given point of time. 2. The Price Variation Clause shall be applicable for tenders of value more than Rs.50.00 Lac irrespective of the contract completion period and PVC shall not be applicable to the tender of value less than Rs.50.00 Lac. 3. Price variation is payable/recoverable during the extended period of contract, provided the Price Variation Clause was part of the original contract and the extension has been granted on administrative ground i.e. under Clause 17-A (i), (ii) and (iii) of GCC. 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 Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 18 (iii) Specific payment, if any, to be made to the consultants engaged by the contractors (such payment will 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 per clause no.29.5 A 1. 6. The index number for the base period will be the index number as obtained for the month of opening of the tender and the quarters will commence from the month following the month of opening of tender. However, if the rates quoted in negotiated tender are accepted, the base month for the Price Variation Clause is the month in which negotiations are held. 7. The adjustment for variation in prices, if required, shall be made once every quarter in the on-account payments, if more than one on-account payment is made to the contractor in a quarter, the adjustment, if required shall be made in each bill. 8. The price variation would be based on the price index of the first month of the quarter under consideration. 9. The demands for escalation of the cost may be allowed on the basis of provisional indices made available by the Reserve Bank of India. Any adjustment needed to be done based on the finally published indices is to be made as and when they become available. 10. The price variation implies both increase as well as decrease in input prices and, therefore price variation during the currency of the contract may result in extra payment or recovery as the case may be. 11. Cement supplied free or at firm price by Railway, as per contract if any, will not be considered for calculation of PVC. 38. Imposition of token penalty for delay in the completion of work: Competent authority while granting extension to the currency of contract under clause 17(B) of GCC may also consider levy of token penalty as deemed fit based on the merit of the case. 39. Special conditions of contract where there is likely hood of contractor’s road vehicles plying on the Railway Land next to running line of yard. (Ref:- GM/Engg./NDLS NO. 74- W/24/Tr. 8/WA Dated 4/8/90.) The contractor shall not allow any road vehicles belonging to his or his supplier etc to ply in Railway Land next to the running line. If for execution of certain work, viz. earth work for parallel railway line and supply of ballast for new or existing Rly land to Railway line, the contractor shall apply to the Engineer-Incharge for permission giving the type and number of individual vehicles, name and license particulars of the Driver, location, duration and timing for such work/movement. The engineer-incharge or his authorized representatives will personally counsel, examine and certify the road vehicle driver, contractor’s flag men and supervisor to the following conditions: i) The road vehicles will ply only between sunrise and sunset. ii) Nominated vehicles and drivers will be utilized for work in the presence of at least one flagman and one supervisor certified for such work. iii) The vehicles shall ply 6m clean of track. Any movement at less than 6m and upto minimum 3.5m clean to track center shall be done only in the presence of Railway employee authorized by the Engineer. No part of the road vehicles will be allowed at less than 3.5m from the center, cost of such Railway employee shall be borne by the Railway. iv) The contractor shall remain fully responsible for ensuring safety and in case of any accident, shall bear the cost of all damages to his equipment and materials and also damages to Railway and its passengers. v) Engineer-Incharge may impose any other conditions necessary for a particular work of site. Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 19 Annexure-A GUIDELINES FOR PARTICIPATION OF JOINT VENTURE FIRMS IN WORKS TENDER (Joint Venture Firms shall be applicable to the works tenders of value more than Rs. 25 crore (Rupees twenty five crore) Separate identity/name shall be given to the J oint Venture firm. Number of members in a J V shall not be more than three if the work involves only one department (say Civil or S&T or Electrical) and shall not be more than five if the work involves more than one department. A member of J V firm shall not be permitted to participate either in individual capacity or as a member of another J V firm in the same tender. The tender form shall be purchased and submitted only in the name of the J V firm and not in the name of any constituent member. Normally EMD shall be submitted only in the name of the J V and not in the name of constituent member. However, in exceptional cases EMD in the name of lead partner can be accepted subject to submission of specific request letter from lead partner stating the reasons for not submitting the EMD in the name of J V and giving written confirmation from the J V partners to the effect that the EMD submitted by the lead partner may be deemed as EMD submitted by J V firm. One of the member of the J V firm shall be the lead member of the J V firm who shall have a majority (at least 51%) share of interest in the J V firm. The other members shall have a share of not less than 20% each in case of J V firms with up to three members and not less than 10% each in case of J V firms with more than three members. In case of J V firm with foreign member’s), the lead member has to be an Indian firm with a minimum share of 51%. A copy of Memorandum of Understanding (MOU) executed by the J V members shall be submitted by the J V firm along with the tender. The complete details of the members of the J V firm, their share and responsibility in the J V firm etc. particularly with reference to financial technical and other obligations shall be furnished in the MOU. Format of MOU is enclosed as Annexure K 1. Once the tender is submitted, the MOU shall not be modified/altered/terminated during the validity of the tender. In case the tenderer fails to observe/comply with this stipulation, the full Earnest Money Deposit (EMD) shall be forfeited. In case of successful tenderer, the validity of this MOU shall be extended till the currency of the contract expires. Approval for change of constitution of J V firm shall be at the sole discretion of the Employer (Railways). The constitution of the J V firm shall not be allowed to be modified after submission of the tender bid by the J V firm except when modification becomes inevitable due to succession laws etc. and in any case the minimum eligibility criteria should not get vitiated. In any case the Lead Member should continue to be the Lead Member of the J V firm. Failure to observe this requirement would render the offer invalid. Similarly, after the contract is awarded, the constitution of J V firm shall not be allowed to be altered during the currency of contract except when modification become inevitable due to succession laws etc. and in any case the minimum eligibility criteria should not get vitiated. Failure to observe this stipulation shall be deemed to be breach of contract with all consequential penal action as per contract conditions. On award of contract to a J V firm, a single Performance Guarantee shall be required to be submitted by the J V firm as per tender conditions. All the Guarantees like Performance Guarantee, Bank Guarantee for Mobilization advance, machinery Advance etc. shall be accepted only in the name of the J V firm and no spitting of guarantees amongst the members of the J V firm shall be permitted. On issue of LOA, an agreement among the members of the J V firm (to whom the work has been awarded) has to be executed and got registered before the Registrar of Companies under Companies Act or before the Registrar / Sub-Registrar under the Registration Act, 1908. This agreement shall be submitted by the J V firm to the Railways before signing the contract agreement for the work. Format of J V agreement is enclosed as Annexure K1. In Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 20 case the tenderer fails to observe/comply with this stipulation, the full Earnest Money Deposit (EMD) shall be forfeited and other penal actions due shall be taken against partners of the J V and J V. This joint venture agreement shall have, inter-alia, following clauses: and several liability – The members of the J V firm to which the contract is awarded, shall be jointly and severally liable to the employer (Railways) for execution of the project in accordance with General and Special conditions of the contract. The J V members shall also be liable jointly and severally for the loss, damages causes to the Railways during the course of execution of the contract or due to non-execution of the contract or part thereof. Duration of the Joint Venture Agreement – It shall be valid during the entire currency of the contract including the period of extension if any and the maintenance period after the work is completed. Governing Laws – The joint Venture Agreement shall in all respect be governed by and interpreted in accordance with Indian Laws. Authorized Member : J oint Venture members shall authorize one of the members on behalf of the joint Venture firm to deal with the tender, sign the agreement or enter into contract in respect of the said tender, to receive payment, to witness joint measurement of work done, to sign measurement books and similar such action in respect of the said tender/contract. All notices/correspondence with respect to the contract would be sent only to this authorized member of the J V firm. No member of the J oint Venture firm shall have the right to assign or transfer the interest right or liability in the contract without the written consent of the other members and that of the employer (Railways) in respect of the said tender/contract. Documents to be enclosed by the J V firm along with the tender: In case one or more of the members of the J V firm is/are partnership firm(s), following documents shall be submitted: Notary certified copy of the Partnership Deed, Consent of all the partners to enter into the J oint Venture Agreement on a stamp paper of Appropriate value (in original) Power of Attorney (duly registered as per prevailing law) in favour of one of the partners to sign the MOU and J V Agreement on behalf of the partners and create liability against the firm. In case one or more members is/or 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 sole proprietor of the Concern or he is in position of “KARTA” of Hindu Undivided Family and he has the authority, power and consent given by other partners to act on behalf of HUF. In case one or more members is/are limited companies, the following documents shall be submitted : Notary certified copy of resolutions of the Directors of the Company, permitting the company to enter into a J V agreement, authorizing MD or one of the Directors or Managers of the Company to sign MOU, J V Agreement, such other documents required to be signed on behalf of the Company and enter into liability against the company and/or do any other act or on behalf of the company. Copy of Memorandum and articles of Association of the Company. Power of Attorney (duly registered as per prevailing law) by the Company authorizing the person to do/act mentioned in the para (a) above. 15.4 All the Members of the J V shall certify that they are not black listed or debarred by Railways or any other Ministry/Department of the Govt. of India/State Govt. from participation in tenders/contract on the date of opening of bids either in their individual capacity or the J V firm or partnership firm in which they were/are members/partners. Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 21 16. Credentials & Qualifying criteria Technical and financial eligibility of the J V firm shall be adjudged based on satisfactory fulfillment of the following criteria. 16.1 Technical eligibility criteria (a) Either the J V Firm or Lead member of the J V firm must have satisfactorily completed in the last three previous financial years and the current financial year up to the date of opening of the tender, one similar single work for a minimum value of 35% of a advertised tender value of the tender. OR (c) (i) In case of composite works (e.g. works involving more than one distinct component such as Civil Engineering works, S&T works, Electrical works, OHE works etc. and in the case of major bridges, substructure and superstructure etc.) at least 35% of the value of each such component of similar nature should have been satisfactorily completed by the J V firm or any one of the members of the J V firm in the previous three financial years and current financial year up to the date of opening of tender the member satisfying technical eligibility criteria for the largest component of the work shall be the Lead Member and that Member shall have a majority (at least 51%) share of interest in the J V Firm. (ii) In such cases, what constitutes a component in a composite work shall be clearly pre-defined with estimated tender cost of it, as part of the tender documents without any ambiguity. Any work or set of works shall be considered to be a separate component, only when cost of the component is more than Rs. 2 crore each. (iii) However, as long as the J V Firm or any member of the J V Firm meets with the requirements, in one or more components of the work, and has completed a minimum of 35% of the advertised value of the tender for the same value of the component, and resultantly, all the members of the J V cvollectively, then meet the prescribed technical eligibility criteria, the J V shall stand technically qualified. NOTE: Value of a completed work done by a Member in an earlier partnership firm or a J V firm shall be reckoned only to the extent of the concerned member’s shafre in that partnership firm/jv firm for the purpose of satisfying his compliance of the above mentioned technical eligibility criteria in the tender under consideration. 16.2 Financial eligibility criteria: The contractual payments received by the J V firm or the arithmetic sum of contractual payments received by all the members of J V firm in the previous three financial years and the current financial year up to the date of opening of tender shall be at least 150% of the estimated value of the work as mentioned in the tender. NOTE Contractual payment received by a Member in an earlier J V firm shall be reckoned only to the extend of the concerned member’s share in that J V firm for the purpose of satisfying compliance of the above mentioned financial eligibility criteria in tender consideration. Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 22 Annexure-A-1 FORMAT FOR JOINT VENTRUE MEMORANDUM OF UNDERSTANDING/AGREEMENT THIS J OINT VENTURE MEMORANDUM OF UNDERSTANDING (MOU)/AGREEMENT EXECUTED AT ……………………… ON THIS …………….. DAY OF …………………….. 2008 BETWEEN M/s ……………………………………. Registered office at ________________________________________ as the first party and M/s ________________________________ Registered office at ___________________________________ as the Second party _________________________ as thirty party. (The expression and words of the first and second and third party shall mean and include their heirs successors, assigns, nominees execution, administrators and legal representatives respectively.) WHEREAS the parties herein above mentioned are desirous of entering into a J oint Venture for carrying on Engineering and/or contract works, in connection with ___________________________________ and other works mentioned in Tender Notice No. __________________________ Dated ____________________ of Northern Railway or any other work or works, as mutually decided between the parties to this J oint Venture. WHEREAS all the parties are desirous of recording the terms and conditions of this J oint Venture to avoid future disputes. NOW THIS MOU/AGREEMENT WITNESSTH AS UNDER: 1. That in and under this J oint Venture agreement the work will be done jointly by the First Party and Second Party in the name and style of M/s _______________ ________________M/s _____________________________ and M/s._________________________________). 2. This all the parties shall be legally liable, severally and or jointly responsible for the satisfactory/successful execution/completion of the work in all respects and in accordance with terms and conditions of the contract. 3. That the role of each constituent of the said J oint Venture in details shall be as under:- The first party shall be responsible for ________________________ The second party shall be responsible for _____________________ The third party shall be responsible for _______________________ 4. The share of profit and loss of each constituent of the said J oint venture shall be as under:- 5. That all the parties of this J oint Venture shall depute their experienced staff as committed commensuration with their role and responsibility and as required for the successful completion of the works in close consultation with each other. 6. That the investment required for the works under this J oint Venture shall be brought in by the parties as agreed to between them from time to time. 7. That all the Bank guarantee shall be furnished jointly by the parties in the name of J oint Venture. 8. That the party number ____________________________________ to this J oint Venture shall be the prime (lead) contractor and will be responsible for timely completion of work and to coordinate with the Railways to receive payments and also to make all correspondence on behalf of this Consortium/J oint Venture. 9. That all the above noted parties i.e. __________________________ not to make any change in the agreement without prior written consent of the Railway. NOW THE PARTIES HAVE J OINED HANDS TO FORM THIS J OINT VENTURE ON THIS ______________ DAY OF _______________ TWO THOUSAND WITH REFERENCE TO AND IN CONFIRMATION OF THEIR DISCUSSIONS AND UNDERSTANDING BROUGHT ON RECORD ON _____________. IN WITNESS THEREOF ALL/BOTH THE ABOVE NAMED PARTIES HAVE SET THEIR RESPECTIVE HANDS ON THIS J OINT VENTURE AGREEMENT ON THE DAY, MONTH AND YEAR FIRST ABOVE MENTIONED IN THE PRESENCE OF THE FOLLOWING WITNESS; WITNESSES: 1. FIRST PARTY 2 SECOND PARTY Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 23 Annexure A-2 Guidelines for submitting tenders by Partnership Firms and their Eligibility Criteria 1. The Partnership Firms participating in the tender should be legally valid under the provisions of Indian Partnership Act. Partnership Firms are eligible to quote tenders of any value . 2. The partnership firm should have been in existence or should have been formed prior to submission of tender. Partnership firm should have either been registered with the competent registrar or the partnership deed should have been notarized prior to date of tender opening, as per Indian partnership Act. 3. Separate identity/name should be given to the partnership firm. The partnership firm should have PAN/ TAN number in its own name and PAN/TAN number in the name of the any of the constituent partners shall not be considered. The valid constituents of the firm shall be called partners. 4. Once the tender has been submitted, the constitution of firm shall not be allowed to be modified/altered/terminated during the validity of the tender as well as the currency of the contract except when modification becomes inevitable due to succession laws etc, in which case prior permission should be taken from Railway and in any case the minimum eligibility criteria should not get vitiated. The reconstitution of firm in such cases should be followed by a notary certified Supplementary Deed. The approval for change of constitution of the firm, in any case, shall be at the sole discretion of the Railways and the tenderer shall have no claims what so ever. Any change in the constitution of Partnership Firm after opening of tender shall be with the consent of all partners and with the signatures of all partners as that in the Partnership deed. Failure to observe this requirement shall render the offer invalid and full EMD shall be forfeited. If any partner/s withdraw from the firm after opening of the tender and before the award of the tender, the offer shall be rejected. If any new partner joins the firm after opening of tender but prior to award of contract, his/her credentials shall not qualify for consideration towards eligibility criteria either individually or in proportion to this share in the previous firm. Incase the tenderer fails to inform Railway beforehand about any such changes/modification in the constitution which is inevitable due to succession laws etc. and the contract is awarded to such firm, then it will be considered a breach of contract conditions , liable for determination of contract under Clause 62 of General Condition of Contract. 5. A partner of the firm shall not be permitted to participate either in his individual capacity or as a partner of any other firm in the same tender. 6. The tender form shall be purchased and submitted only in the name of partnership firm and not in the name of any constituent partner. The EMD shall be submitted only in the name of partnership firm. The EMD submitted in the name of any individual partner or in the name of authorized partner(s) shall not be considered. 7. One or more of the partners of the firm or any other person(s) shall be designated as the authorized person(s) on behalf of the firm, who will be authorized by all the partners to act on behalf of the firm through a “Power of Attorney”, specifically authorizing him/them to submit & sign the tender, sign the agreement, receive payment, witness measurements, sign measurement books, make correspondences, compromise, settle, relinquish any claim(s) preferred by the firm, sign “No Claim Certificate”, refer all or any dispute to arbitration and to take similar such action in respect of the said tender/contract. Such “Power of Attorney” should be notarized/ registered and submitted alongwith tender. 8. A notary certified copy of registered or notarized partnership deed shall be submitted along with the tender. 9. On award of the contract to the partnership firm, a single performance guarantee shall be submitted by the firm as per tender conditions. All the guarantee like Performance guarantee, guarantee for Mobilization advance, Plant and Machineries advance shall be submitted only in the name of the partnership firm and no splitting of guarantees among the partners shall be acceptable. Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 24 10. On issue of LOA, contract agreement with partnership firm shall be executed in the name of the firm only and not in the name of any individual partner. 11. In case, the contract is awarded to a partnership firm, the following undertakings shall be furnished by all the partners through a notarized affidavit, before signing of contract agreement:- a) J oint and several liabilities – The partners of the firm to which the contract is awarded, shall be jointly and severally liable to the Railway for execution of the contract in accordance with general and special conditions of the contract. The partners shall also be liable jointly and severally for the loss, damages caused to the Railway during the course of execution of the contract or due to non-execution of the contract or part thereof. b) Duration of the partnership deed and partnership firm agreement – The partnership deed/partnership firm agreement shall normally not be modified, altered, terminated during the currency of contract and the maintenance period after the work is completed as contemplated in the conditions of the contract. Any change carried out by partners in the constitution of the firm without permission of Railway, shall constitute a breach of contract liable for determination of contract under clause 62 of General Conditions of Contract. c) Governing Laws – The partnership firm agreement shall in all respect be governed by and interpreted in accordance with the Indian laws. d) No partner of the firm shall have the right to assign or transfer the interest right or liability in the contract without the written consent of the of the other partner and that of the Railway in respect of the tender/contract. 12. The tenderer shall clearly specify that the tender is submitted on behalf of a partnership concern. The following documents shall be submitted by the partnership firm, with the tender- a) A copy of registered/notarized partnership deed duly authenticated by notary. b) Power of Attorney duly stamped and authenticated by a Notary Public or by a Magistrate from all partners of the firm in favour of one or more of the partner(s) or any other person(s) as detailed in para (8) above. c) An undertaking by all the partners of the partnership firm shall be given that they have not been black listed or debarred by Railways or any other Ministry/Department of the Govt of India/any State Govt from participation in tenders/contract on the date of opening of bids either in their individual capacity or in any firm in which they were/are partners. Concealment/wrong information in regard to above shall make the contract liable for determination under clause 62 of General Conditions of Contract-1999. 13. Evaluation of eligibility of a partnership firm. Technical and financial eligibility of the firm shall be adjudged based on satisfactory fulfillment of the following conditions: i) Technical eligibility criteria – The tenderer should satisfy either of the following criteria:- a) The partnership firm shall satisfy the full requirement of technical eligibility criteria (defined in “para 34.3 (A) (V) of special tender conditions and instructions for tenderers” ) in its own name and style; OR b) In case the partnership firm does not fulfill the technical eligibility criteria in its own name and style, but one of its partners has executed a work in the past either as a sole proprietor of a firm or as a partner in a different partnership firm, then such partner of the firm shall satisfy the technical eligibility criteria (defined in “para 34.3 (A) (V) of special tender conditions and instructions for tenderers” ) on the basis of his/her Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 25 proportionate share in that proprietorship/ partnership firm reduced further by his/her percentage share in the tendering firm. ii) Financial eligibility criteria– The tenderer shall satisfy either of the following criteria:- a) The partnership firm shall satisfy the full requirements of the financial eligibility criteria (as defined in “para 34.3 (A) (vi) of special tender conditions and instructions for tenderers”) in its own name and style. OR b) In case the partnership firm does not fulfill the financial eligibility criteria in its own name and style, but one or more of its partners have executed a work/contract in the past either as sole proprietor or as partner in different firms, then the arithmetic sum of the contractual payments received by all the partners of the tendering firm, derived on the basis of their respective proportionate share in the such firms reduced further by their respective percentage share in the tendering firm, shall satisfy the full requirements of the financial eligibility criteria (as defined in “para 34.3 (A) (vi) of special tender conditions and instructions for tenderers”). Example on Evaluation of Technical & Financial Eligibility of Partnership Firm A tendering partnership firm “ABCD” has four constituent partners namely “A” , “B” , “C” & “D” with their respective shares as 40%, 30%, 20% & 10% , but this firm has not executed any work in its own name and style. However, the constituent partners have executed the work in earlier partnership firm(s) or as sole proprietor as under:- (i) Partnership firm “ABZ” having three partners namely “A” , “B” & “Z” with respective shares of 10%, 20% & 70%, has executed a work of value Rs.10.00 crores earlier. (ii) Partnership firm “CYX” having three partners namely “C”, “Y” & “X” with respective shares of 50%, 30%, & 20%, has executed a work of value Rs.5.00 crores earlier. (iii) Sole proprietorship firm “P” having “D” as sole proprietor has executed a work of value Rs.2.0 Crores earlier. The evaluation of technical and financial eligibility of tendering firm “ABCD” shall be done by taking proportionate share of credentials of partners A, B, C and D derived from their earlier partnership firms to be reduced further by their percentage share in the tendering firm as calculated in table below :- 1 2 3 4 5 Credentials of “A” & “B” derived from firm “ABZ” which has executed work of Rs.10.0 cr. Credentials of “C” derived from firm “CYX” firm which has executed work of Rs.5.0 cr. Credentials of “D” derived from Proprietorship firm “P” which has executed work of Rs.2.0 cr. Contribution of “A”, “B” ,”C” & “D” to credentials of tendering firm “ABCD” Part- ners % share in firm “ABZ” Proporti- onate Credentials % share in firm “CYX” Proporti-onate Credentials % share in firm “P” Proporti- onate Credential % share in “ABCD” Proportionate Contribution to “ABCD” A 10% 10% of 10Cr. =1.0 Cr. - - - - 40% 40% of 1 Cr =0.4Cr B 20% 20% of 10Cr. =2.0 Cr. - - - - 30% 30% of 2 Cr. = 0.6 Cr C - - 50% 50% of 5 Cr=2.5Cr - - 20% 20% of 2.5Cr. =0.5Cr. D - - - - 100% 100% of 2Cr= 2.0Cr 10% 10% of 2Cr. = 0.20Cr Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 26 Evaluation of Technical Eligibility :- Any one of the partners of “ABCD” tendering firm viz A, B, C or D should satisfy the technical eligibility criterion on the basis of his/her proportionate share of credential in the earlier partnership firm reduced further by his percentage share in the tendering firm. As calculated in above table, the contribution of partners A, B, C & D towards the credentials of tendering firm “ABCD” will be taken as Rs. 0.40 cr., Rs. 0.60 cr., Rs. 0.50 cr., 0.20 cr respectively. Thus, in this example the firm “ABCD” is deemed to have executed one single work of maximum value of Rs 0.60 Cr. for the purpose of technical eligibility criteria. Evaluation of Financial Eligibility :- The arithmetic sum of the contribution of all the partners of tendering firm “ ABCD” deri ved on the basis of their respective proportionate share in the earlier partnership firms reduced further by their respecti ve percentage share in the tendering firm, in this example will be taken as Rs. 1.70 Cr. (i.e. A + B + C+ D = 0.40 + 0.60 + 0.50 + 0.20 = 1.70 cr.). Thus, in this example, the firm “ ABCD” is deemed to have recei ved contractual payments of Rs 1.70 Cr. for the purpose of financial eligibility criteria. Sd/- Sr. Divisional Engineer (Coordination), Northern Railway, Ambala For & on behalf of President of India. I/We agree to abide by the above terms and conditions of tender as well as General conditions of Contract regulations and instructions to tenderer and standard form of contract 1999 edition (corrected up to date) and N.R. Engg. Deptt. SOR 1996 EDITION (Corrected up to date) as applicable to Ambala division. Signature of the Tenderer _______________ Address _____________________________ Special Tender conditions for Zone contracts on Ambala division: 1. Separate tender is to be submitted for each zone contracts. 2. The zone contract act shall cover all description of work namely, masonry, earth work, wood work, steel work, painting and w/washing, sanitary installation etc. which will include the following type of works: a). All ordinary repairs and maintenance works without any monetary limits. b). Ordinary repairs to bridges such as plastering, painting, pitching etc. without any monetary limit. c). All bridge works costing upto Rs.25000/- each, if it is decided by the Admn. to do such works through the agency of a zone contract. 3. Except urgent cases, earthwork in c/with repair to embankment and cutting are normally excluded from the scope of this contract. Some petty repair works are normally carried out departmentally. 4. Not with standing the above, the Sr.Divisionl Engineer/C, reserves the right to award the work failing within the scope of said contract and get them done through any other Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 27 agency or departmentally without assigning any reasons for doing so and without being liable to pay and compensation or damages whatsoever on this account. 5. The contractor is required to complete the works under various work order issued under the zonal agreement within specified period as provided in the work order. Sr.Divl.Engineer/C UMB is empowered to grant extension the specified period provided in the work order within the financial limits of his power during the currency of the zone contract. If he considered the same as justified. 6. The Railway materials required for execution of the work will be supplied in IOW’s store or any other place convenient to railways. This will cover vide the note appearing in the respective chapters of the N.Rly. SOR. 7. The contractor should be responsible for arrangement to obtain and to lead the railway materials from site of delivery to the. site of work, lead, lift, loading, unloading etc, will not be paid for railway materials. No lead, lift, unloading, stacking and freight charges of any kind including hand shunting of wagons will be paid for separately for contractor’s materials. 8. Demurrage charges on the wagons shall be paid by the contractor and it would be his own obligations to unload the consignment and release the wagon within the free time allowed. 9. The item no. Description, unit and rates given in the schedule of work orders agreement etc., are based on the standard Schedule of rates 1996 edition. Any discrepancies noticed during the execution of the work, working rates, quantity and units etc., should be rectified by referring to the printed schedule of rates, which shall be treated as authority, and binding on the contractor. The relevant notes applicable, the respective chapters will applied to the items of tender schedule and be considered as having been incorporated in the agreement and binding on the contractor 10. For works falling under zone contract works orders shall have to be signed by the contractor before taking up the work. The zone work let out to the contractor during the period shall have been completed on or before the dates specified in the work order. For RCC and CC in 1:2:4 or richer mixture, sand to be used shall be coarse either from BADARPUR OR FROM SUCH OTHER sources as approved by the Sr.Divl./Enginer/C/N.R/Ambala Cantt. 11. The best quality available of sand approved by the Sr. DEN/C,Ambala shall be carried out for brick and concrete. 12. For doing sanitary installation work, the contractor shall have employed licensed plumber authorized to carryout the works in the area. 13. The brick work to be done in well burnt bricks confirming to the specification vide clause2.6.2 of the Engg.Department Std/specifications for materials and works SOR1996 edition. 14. The contractor shall be responsible for the arrangements to obtain the supply of water necessary for the work and nothing extras shall be paid for the same. At the request of the contractor, Railway may supply part of the whole quantity of water Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 28 required for the works on the terms and conditions embodied in Annexure1 of N.R.Std. schedule of rates 1996 edition, 15. The principal contractor would be held responsible for non-compliance of provision of the payment of wages of act 1938 and rules frames even in respect of labour employed by their sub contractor for execution of the work entrusted by them. For KALLA - SHIMLA SECTION ONLY: 16. Free use of ballast trains for carrying out building materials may be allowed, if the following conditions are fulfilled as specified in the tender schedule:- The whole of the materials required to be carried by the ballast train is for use in Railway work and to be used on items of work the rates of which do not included freight charges. Sd/- Sr. Divisional Engineer/(Coordination), Northern Railway, Ambala For & on behalf of President of India. I/We agree to abide by the above terms and conditions of tender as well as General conditions of Contract regulations and instructions to tenderer and standard form of contract 1999 edition (corrected up to date) and N.R. Engg. Deptt. SOR 1996 EDITION (Corrected up to date) as applicable to Ambala division. Signature of the Tenderer _______________ Address _____________________________ Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 29 TENDER SCHEDULE Repair to drain cover ,flooring of ORH with vitrified tiles at Barog station including to repair of wornout wooden columns in station building of solan and Sonwara Stations on KLK-SML Sec. under ADEN/SML and SSE /W/ KLK/SML Approx.Value=Rs 1493402/- SCHEDULE 'A' FOR SOR ITEMS D.O.C. = 6 Months E/ monny -: 29870 % Above or below or at par S.NO. DESCRIPTION APP.US.O .R Value of items in Rs. In figure In words 1 % Above or below or at par on all items app. In ch. No 4( reinforced cement concrete ) except item no 045011of USSOR 2010 ed. 172208 2 % Above or below or at par on items no.045011 app. In ch. No 4 (reinforced cement concrete ) of USSOR 2010 ed. 267420 3 % Above or below or at par on all items app. In ch. No 5 ( Brick work ) of USSOR 2010 ed. 170550 4 % Above or below or at par on all items app. In ch. No 3 (Plain concrete ) except item no 033063 of USSOR 2010 ed. 4275 5 % Above or below or at par on items no 033063 app. In ch. No 3 (Plain concrete ) of USSOR 2010 ed. 172005 6 % Above or below or at par on all items app. In ch. No 7 (Wood work ) of USSOR 2010 ed. 182553 7 % Above or below or at par on all items app. In ch. No 8 (Steel and aluminium work ) of USSOR 2010 ed. 137263 8 % Above or below or at par on all items app. In ch. No 9(Flooring, paving and dado ) of USSOR 2010 ed. 370169 10 % Above or below or at par on all items app. In ch. No 12(Painting, polishing and varnishing ) of USSOR 2010 ed. 8680 11 % Above or below or at par on all items app. In all ch except ch. No 2 ,3,4,5,7,8,9,11,12, of USSOR 2010 ed. 8279 1493402 Spl. Conditions-: Ballast train will be provided in Rly. Deptt. free of cost. ….. Signature of Contractor Address: Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 30 CHAPTER/ITEM WISE DETAIL OF WORK (SCOPE OF WORK):- Quantity for repair to drain cover ,flooring of ORH with vitrified tiles at Barog station and repair of wornout wooden columns in station building of solan and Sonwara Stations in the sec. of SSE /W/ KLK/ Under ADEN/ Shimla. SNo SOR item no. DESCRIPTION OF ITEM QTY RATE UNIT AMOUN T in Rs. 1 043015 Providing, hoisting and fixing in position upto floor two level M20 Grade precast RCC work including setting in cement mortar 1:3 (1 cement : 3 coarse sand) and finishing smooth with 6mm thick cement plaster 1:3 (1 cement : 3 fine sand) on exposed surfaces complete including cost of centering, shuttering, finishing, Admixtures in recommended proportion (as per IS:9103) to accelerate, retard setting of concrete, improve workability without impairing strength and durability, excluding cost of cement and steel reinforcement, as per approved plan & direction of Engineer incharge.In slabs for drain covers, manhole covers, flue tops etc. 60 2870.14 cum 172208 2 045011 Supplying Reinforcement for R.C.C. work including straightening, cutting, bending, placing in position and binding all complete.Mild steel and medium tensile steel bars 6000 44.57 Kg 267420 3 057030 Making holes in old brick walls upto 15 cm square, fixing bolts clamps etc and making good the same with CC 1:2:4 or CM 1:2 as per site conditions 3000 56.85 Each 170550 4 081011 Structural steel work in single section including cutting, bending, straightening, drilling, iveting, bolting, hoisting, fixing in position, including applying a priming coat of approved steel primer, complete – upto 6m height above GL In RSJ, tees, angles and channels 2700 50.84 Kg 137263 5 095013 Providing and fixing Ist quality ceramic tiles conforming to Group B-III (Ceramic Wall Tiles) of IS:15622 of manufacturers approved by railway in all colours, shades, and design as approved by the Engineer-in-Charge in skirting, risers of steps and dado over 12mm thick bed of cement mortar 1:3 (1cement: 3coarse sand) including pointing in white cement mixed with pigment of matching shade complete 300x450 mm and above 200 646.97 Sqm 129395 Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 31 6 095027 Providing and fixing ceramic tiles conforming to IS:15622 of manufacturers approved by railway in all colours, shades, design and abrasion resistance class as approved by the Engineer-in-Charge in floors and landings over 20mm thick bed of cement mortar 1:4 (1cement: 3coarse sand) including pointing in white cement mixed with pigment of matching shade complete Of Group B-I-a of IS : 15622 (Vitrified tiles) of size 800x800mm and above 210 1051.92 Sqm 220904 7 096073 Kota stone slab flooring of size up to 60x60cm over 20mm (average) thick base of 1:4 cement mortar (1cement: 4coarse sand) and jointed with grey cement slurry mixed with pigment to match the shade of the slab including rubbing and polishing complete 30mm thick 5 954.61 Sqm 4773 8 099035 Providing and fixing 18mm thick mirror polished, machine cut for kitchen platforms, vanity counters facias, dados and skirtings and similar locations of required size of approved shade, colour and texture laid over 20mm thick base cement mortar 1:4 (1cement: 4coarse sand) with joints treated with white cement, mixed with matching pigment, epoxy touchups, including rubbing, curing. Etc. complete at all levels Granite Black. Area of slab over 1.0 Sqm but upto 2.0 Sqm or larger 5 3019.32 Sqm 15097 9 183010 Dismantling cement concrete / terrazzo flooring and/or underlayer excluding base concrete 210 14.43 Sqm 3031 10 183020 Dismantling tile work in floors/dado/skirting laid in cement mortar/ chemical mortar/synthetic adhesive including stacking material within 50m lead 200 18.56 Sqm 3712 11 181021 Demolishing plain cement concrete including disposal of material within 50m lead 1:2:4 or richer mix with max. 20 mm coarse aggregate 2 413.41 cum 827 12 185050 Dismantling wooden ballies in posts and struts including cutting if required and stacking within 50m lead 200 3.54 metr e 709 13 031023 Providing and laying cement concrete, up to plinth in retaining walls, walls (any thickness) including attached plasters, columns, pillars, posts, struts, buttresses, string or lacing courses, parapets, coping, bed blocks, anchor blocks, plain window sills, fillets etc, excluding the cost of cement and of shuttering, centering. 1:2:4 (1 cement : 2 sand : 4 graded stone aggregate 20mm nominal size) 2 2137.59 cum 4275 Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 32 14 074295 Providing beams including hoisting, fixing in position and applying wood preservative for the unexposed surface etc. complete, with :Deodar wood 4.5 40567.36 Cum 182553 15 121011 Applying Priming Coat :With ready mixed pink or grey primer of approved brand and manufacture on woodwork (hard and soft wood) 150 19.08 Sqm 2861 16 121150 Painting two coats (excluding priming coat) with chocolate, red, grey or buff ready mixed paint of approved quality, on steel or wood work 150 38.79 Sqm 5819 17 033063 Supply and using cement at worksite :PPC 33.091 5198.00 tonne 172007 1493404 ….. Northern Railway Ambala Tender Form Tender No. 85-Sr.DEN-III/UMB/12-13 to be opened on 23.8.2012 Signature of Contractor ____________________ www.nr.indianrailways.gov.in. 33 NOTE:- 1. Agency/contractors to quote single rates for N.S. items i.e.%age above/below/at par 2. Payment for various N.S. items shall be based of rates as indicated on the above table duly modified by %age above/below or at par. 3. For various N.S. items, if rates are quoted separately by the party, it shall be considered as a conditional offer and shall be summarily rejected. 4. The rates to be quoted by the tenderer/s both in words and in figures failing which tender is liable to be rejected. 5. The contract values given above are approx. and subject to variation according to actual requirement of railways. No claim on this account will be entertained by Rly. Admn. 6. I/We clearly understand that I/We are not entitled to any compensation on account of any variation in the value of contract and also agree to complete all such work allotted to me/us within the stipulated period. 7. The tender ere/s should sign each and every page of the tender documents, failing which his offer will be summarily rejected. DACUMENT END