tender no.dy.ce/con/tetelia – byrnihat/preparation …€¦ · tender no.dy.ce/con/tetelia –...

52
Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016/35 NORTHEAST FRONTIER RAILWAY (CONSTRUCTION ORGANISATION) Office of the Dy.Chief Engineer(Con) N.F.Railway, Maligon. TENDER DOCUMENT TENDER NOTICE NO.DY.CE/CON/MLG/2016/JULY/03 dtd.20.07.2016 TENDER NO.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016/35 Name of work : Preparation of GAD, details design & drawing of proposed Br. No.48 (8x30.5m Composite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of Br. No.47 (2x45.7m Steel Bridge + 12.2m composite Girder with Deck slab) and ROB (Bow string steel Girderof 30m clear span as per latest RDSO’s drg.) and both approaches) over existing level crossing No.ST/22 at Tetelia station yard including foundations, Sub structure, Bed Blocks, inspection platform, Bearing etc. at Tetelia – Byrnihat New Line National Project. Approx Cost of the work (Tender Value) ` 9,42,696.00 Earnest money to be deposited The tenderer should furnish the details of postal address with PIN Code along with FAX No. of concerned bank from which EMD purchased. ` 18,860.00 (EMD in Cash or Banker’s Cheque/DD) only Completion period of the work 30 days (One month). Places of selling tender documents & receiving tenders In the Office of the (a) General Manager(Construction), N.F.Railway, Maligaon, Guwahati-11, (b) Dy.Chief Engineer/Con, N.F.Railway, Lumding & (c) Dy.Chief Engineer/Con, N.F.Railway, Alipurduar Junction. Availability of Tender documents From 29-07-2016 and upto 11.00 hours of 18-08-2016 Submission of Tender From 29-07-2016 and upto 14.30 hours of 18-08-2016 Date & place of opening of tenders 23-08-2016 at 11.00 hours at General Manager/Con, N.F.Railway, Maligaon’s ffice. Cost of Tender Form (Documents) ` 2,000.00 per Tender. Note: (i) Tender documents are not transferable and cost of Tender document is not refundable. (ii) Tender document should be submitted without detaching any pages. Signature of Tenderer(s) for Dy.Chief Engineer/CON Contractor(s) N.F.Railway, Maligaon. 1

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Page 1: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)Office of the DyChief Engineer(Con)

NFRailway Maligon

TENDER DOCUMENT

TENDER NOTICE NODYCECONMLG2016JULY03 dtd20072016

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of Br No47(2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steel Girderof30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossing NoST22at Tetelia station yard including foundations Sub structure Bed Blocks inspection platform Bearingetc at Tetelia ndash Byrnihat New Line National Project

Approx Cost of the work(Tender Value)

` 94269600

Earnest money to be depositedThe tenderer should furnish the details ofpostal address with PIN Code along withFAX No of concerned bank from whichEMD purchased

` 1886000(EMD in Cash or Bankerrsquos ChequeDD) only

Completion period of the work 30 days (One month)Places of selling tender documents ampreceiving tenders

In the Office of the (a) General Manager(Construction)NFRailway Maligaon Guwahati-11 (b) DyChiefEngineerCon NFRailway Lumding amp(c) DyChief EngineerCon NFRailway AlipurduarJunction

Availability of Tender documents From 29-07-2016 and upto 1100 hours of 18-08-2016

Submission of Tender From 29-07-2016 and upto 1430 hours of 18-08-2016

Date amp place of opening of tenders 23-08-2016 at 1100 hours at General ManagerConNFRailway Maligaonrsquos ffice

Cost of Tender Form (Documents) ` 200000 per Tender

Note (i) Tender documents are not transferable and cost of Tender document is not refundable (ii) Tender document should be submitted without detaching any pages

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

1

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

INSTRUCTION TO TENDERER REGARDING TENDER FORMS DOWNLOADED FROM INTERNET

(i) Tender is to be down loaded from the Internet and printout is to be taken on A4 size paper anddetails are to be entered by the tenderer at the various locations in the document Submission ofXerox or photocopy of tender document is prohibited

(ii) This tender document (in full) downloaded along with the various documents required to besubmitted as per the tender conditions in a sealed cover duly subscribing with the name of the worktender notice no and date submission of tender downloaded from the internet etc and the sameshould be dropped in the tender box kept in the Office specified in the tender document before thedate and time stipulated in the tender document

(iii) The cost of tender document will have to be deposited by the tenderer in the form of bank draftpayable in favour of Accounts Officer concern specified in the tender document along with thetender This should be enclosed as a separate Demand Draft A single demand draft for the cost oftender form and Earnest Money Deposit will not be accepted Tender not accompanied with thedemand draft towards the cost of the tender document will be summarily rejected

(iv) Tenderers are advised to download tender documents well in advance and submit the tender beforethe stipulated time It is the responsibility of the Tenderer to check any correction or anymodifications published subsequently in Web site and the same shall be taken into account whilesubmitting the tender Tenderer shall down load corrigendum (if any) print it out sign and attach itwith the main tender document Tender document not accompanied by published corrigendums isliable to be rejected The Railway will not be responsible for any postal delays delay indownloading of tender document from the internet

(v) Tenderers are free to download tender document at their own risk and cost for the purpose ofperusal as well as for using the same as tender document for submitting the offer Master copy of thetender document is available in the concern office inviting tender After award of work an agreementwill be prepared based on the master copy of tender document available in the above-mentionedoffice In case any discrepancy between the tender document downloaded from the internet and themaster copy latter shall prevail and will be binding on the tenderers No claim on this account willbe entertained

(vi) If any changeadditiondeletion is made by the Tenderer Contractor and the same is detected at anystage even after the award of the tender full earnest money deposit will be forfeited and the contractwill be terminated as per extent procedure The tenderer is also liable to be banned from doingbusiness with Railways andor prosecuted

(vii) The following declaration should be given by the tenderer while submitting the tender

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

2

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Declaration

(a) IWe have downloaded the tender form from the Internet site wwwnfrly constructionorg and IWehave not tampered modified the tender forms in any manner In case if the same is found to betampered modified IWe understand that myour tender will be summarily rejected and full earnestmoney deposit will be forfeited and Iwe amare liable to be banned from doing business withRailways andor prosecuted

(b) I hereby declare that all the details as required to be furnished from our side to the Railways whileaccessing downloading the tender document from website have been furnished fully and correctly

(c) IWe submitting a demand draft no helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip dated helliphelliphelliphelliphellip

issued by helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for Rshelliphelliphelliphelliphelliphellip towards the cost of tender formCHECK LIST TO BE SUBMITTED BY THE TENDERER

S N DESCRIPTIONSUBMITTED COMPLIED NOTAPPLICABLE

AVAILABLEAT PAGE

1 COST OF TENDER DOCUMENT

2 EARNEST MONEY DEPOSIT

3MEMORANDUM OF UNDERSTANDING amp JV AGREEMENT

4 EFT FORM

5 TECHNICAL CREDENTIAL (35)

6 FINANCIAL CREDENTIAL (150)

7 LIST OF PLANT amp MACHINERIES

8 LIST OF TECHNICAL MANPOWER

9LIST OF WORK COMPLETED DURING LAST 5 YEARS

10 LIST OF WORKS IN HAND

11 LIST OF COURT amp ARBITRATION CASES PENDING

12 ORGANISATION CHART

13 PLANNING OF EXECUTION

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

3

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

14 COVERING LETTER

15 POWER OF ATTORNEY

16 SIGNATURE AT EACH PAGE

17 ATTESTATION OF CREDENTIALS

18 SUBMISSION OF ALL RATES IN FIGURES amp WORDS

19FULL COMMUNICATION ADDRESS WITH MOBILE NO OF CONTACT PERSON

20 BALLAST TEST CERTIFICATE helliphelliphellip helliphelliphellip

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

4

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

I N D E XS N DESCRIPTION

1 Notice Inviting Tender(i) Tender Document Issue Download Slip

2 Guidance To Tenderers(i) Signing of Tenders

(ii) Earnest Money

(iii) Execution of Contract Document

(iv) Negotiations With Tenderer(S)

(v) Preparation of Pert Chart

3 Additional Special Conditions Of Contract(i) Deviation

(ii) Inspection And Admission To Site

(iii) Quantities In Schedule And Their Variations

(iv) Taxes

(v) Programme And Completion Period

(vi) Extension Of Completion Date

(vii) Safety Measures

(viii) Taxes Security Deposit And Performance Guarantee

(ix) Price Variation Clause

(x) Maintenance Period

(xi) Settlement of Disputes

(xii) Deployment of Qualified Engineers

4 Important Annexures

5 Special Conditions of Contract (Technical)

6 Schedule of Rates

7 Top Sheet of Agreement

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

5

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NOTICE NODYCECONMLG2016JULY03 dtd20072016

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305m CompositeGirder with Deck slab) in continuation with redesigning of existing abutment 2 of Br No47 (2x457m SteelBridge + 122m composite Girder with Deck slab) and ROB (Bow string steel Girderof 30m clear span as perlatest RDSOrsquos drg) and both approaches) over existing level crossing NoST22 at Tetelia station yardincluding foundations Sub structure Bed Blocks inspection platform Bearing etc at tetelia ndash Byrnihat NewLine National Project

Forwarding Letter Detailing Salient feature of the tender proposal----------------------------------------------------------------------------------------------------------------------------- (Tenderer(s) should write their name and postal address themselves in case they are using documentdownloaded from internet)

Details of Demand DraftRailwayrsquos Money Receipt towards cost of tender document

DEMAND DRAFT Railwayrsquos Money Receipt No ____________________DATE __________

ISSUED BY _____________________________________________________ BANK

AMOUNT IN Rs __________________________________

DEMAND DRAFT Railwayrsquos Money Receipt No ____________________DATE __________

ISSUED BY ________________________ BANK CityTown ___________________________

AMOUNT IN Rs __________________________________

Name and Contact Numbers of Key Personnels----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

10 Sealed tenders have been invited for and on behalf of the President of India for the abovementioned work as per NIT

20 The tender document is hereby being issued to you on your request and on your havingdeposited the requisite cost of the tender document as per aforesaid details The document isbeing issued with further condition that you agree to abide by the conditions laid downhereinafter in the tender document before submitting your tender In case the tenderer has usedthe documents downloaded from the internet it is construed that the tenderer has agreed to asaforesaid

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

6

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

30 The tender document includes various chapters drawings and annexures as enclosed which areintegral parts of the tender documents

40 Detailed information of work and conditions may be seen in the Tender Document

50 JOINT VENTURE will not be permitted in this Tender

60 VALIDITY OF TENDER = 120 days from the date of opening of Tender70 The tender documents (not transferable) can be obtained from the offices of the (i) General

ManagerCon NF Railway Maligaon Guwahati ndash 11 (ii) DyChief EngineerConNFRailway Lumding amp (iii) DyChief EngineerCon NFRailway Alipuarduar Junctionduring office hours with effect from 29-07-2016 and upto 1100 hours of 18-08-2016 onpaymentsubmission of Crossed Demand Draft drawn in favour of Financial Adviser amp ChiefAccounts OfficerCon NF Railway Maligaon Outstation firms requiring tender document bypost shall remit the sum as specified above plus ` 500- extra per tender as postal charges toreach the office of General ManagerCon NF Railway Maligaon Guwahati - 781 011 latest by1430 hrs of 18-08-2016 Railway will not be responsible for any delay damage or loss oftender documents in transit

80 Tenders will be received by the offices mentioned against Note 7 above with effect from

29-07-2016 and upto 1430 hours of 18-08-2016 and will be opened on 23-08-2016 at 1100hours at the office of General ManagerCon NF Railway Maligaon Guwahati ndash781 011 Ifthe last date of receivingopening happens to be BundhHoliday(s) the tenders will beissuedreceivedopened on the following working day as per same timings

90 (a) The tender documents will also be available in Northeast Frontier Railway constructionwebsite in wwwnfrly constructionorg during the above mentioned period and same can bedown loaded and used as tender documents for submitting the offer However the DemandDraft for the amount equivalent to the cost of tender documents as mentioned above willhave to be enclosed while submitting the tender Otherwise the tender will be summarilyrejected

(b) Railway Administration will not be responsible for any delay difficulties inaccessibility ofthe down loading facility for any reason whatsoever In case of any discrepancy between thetender documents down loaded from internet and the master copy available in the officesmentioned in (9) above the latter shall prevail and will be binding on the tenderer(s) No claim onthis account will be entertained(c)

100 Earnest Money shall have to be deposited by all tenderers Tenders not accompanied byrequisite Earnest Money shall be summarily rejected The tenderer should furnish thedetails of postal address with PIN Code along with FAX No of concerned bank from whichEMD purchased

110 All documents being submitted by the tenderer(s) along with their offer shall have to beattested by the Gazetted Officer Moreover all the documents submitted by the tendereralong with the tender document must be self attested failing which document not bearingself attested signature of the tenderer will be treated null and void and will not be takeninto consideration while deciding the tender

90 (a) निविदा दसािवज भभ उपरयक अिधव कव दौराि wwwnfrly constructionorg म पपिरवोतर सभमारवलिव निमाण िवबसाइट म उपलबव हहोगा और उस दसािवज़ कहो डााउिलहोडा ककरा जा सका ह और निविदादसािवज कव रप म इस वमाल ककरा जा सका ह हालाकक जसा कक ऊपर उललवख निविदा दसािवजज कक लाग

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

7

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

कव बराबर राशि कव शिलए डडामाडा डाफट निविदा परस य कर व समर सलगि करिा हहोगा अनरथा निविदा सरसरीौर पर खाररज कर दिदरा जाएगा(b) रवल पर ासि ककसभ भभ कारण कव शिलए िभचव लहोडा हहो रहा ह सयविवा कव ककसभ भभ दवरी कदिििाइरज अपरापराकव शिलए जजममवदार िही हहोगा इटरिवट और इसकव बाद कव ससकरण 7 म िरण कारालरज म उपलबव मासटरककॉपभ सव डााउिलहोडा निविदा दसािवज कव बभच कहोई विसगन कव मामलव म बाद अशिभभािभ हहोगभ और निविदाकार(एस) पर बाधरकारी हहोगा इस खा व पर कहोई दािा मिहोरजि िही ककरा जाएगा

100 बरािा सभभ निविदाकाओ दिारा जमा ककरा जािा हहोगा उि अपवकषि बरािा राशि कव साथ िही कर रहवह निविदाए सरसरी ौर पर असिभकार कर दिदरा जाएगा निविदाकार EMD जहो खरीदी सव सबधव बक काफकस िबर कव साथ वपि कहोडा कव डााक प व का वििरण परस य करिा चादिहए

110 सभभ दसािवजज कहो अपिव परसाि कव साथ निविदाकार (एस) दिारा परस य ककरा जा रहा राजपतरिअधवकारी दिारा सतरावप ककरा जािा ह अथबा सि-अशिभपरमारण ककरा जािा ह अनरथा इसव बानल और पनर मािा जाएगा और निविदा निणर लव व समर धराि म िही शिलरा जाएगा

JOINT VENTURE (NOT APPLICABLE)

Signature of Tenderer (s)

Contractor (s)

for Dy Chief EngineerCon NFRailwayMaligaon

ldquo BE A PARTNER IN THE TURN AROUND OF INDIAN RAILWAYSrdquo

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

8

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

(FIRST SHEET)Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

From website by

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305m CompositeGirder with Deck slab) in continuation with redesigning of existing abutment 2 of Br No47 (2x457m SteelBridge + 122m composite Girder with Deck slab) and ROB (Bow string steel Girderof 30m clear span as perlatest RDSOrsquos drg) and both approaches) over existing level crossing NoST22 at Tetelia station yardincluding foundations Sub structure Bed Blocks inspection platform Bearing etc at tetelia ndash Byrnihat NewLine National Project

Approximate Cost (Tender Value) Rs94269600ToThe President of IndiaActing Through the Chief Engineer(Con)Northeast Frontier Railway MaligaonGuwahati ndash 781 0111 IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphave read the various

conditions to tender attached here to and hereby agree to abide by the said conditions IWealso agree to keep this tender open for acceptance for a period of 120 days from the date fixedfor opening the same and in default thereof IWe will be liable for forfeiture of myourldquoEarnest Moneyrdquo IWe offer to do the work at the rates quoted in the attached Schedules andhereby bind myselfourselves to complete the work in all respects within 30 days(One month) from the date of issue of letter of acceptance of the tender

2 IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip also hereby agree to abide bythe (i) N F Railway General Conditions of Contracts and Standard Special Conditions ofContracts 2013 (ii) Unified Standard Specifications (for Works amp Matrials) 2013 (iii)Special Conditions and Specifications attached with the tender amp (iv) Unified StandardSchedule of Rates (for Works and Materials) of Northeast Frontier Railway 2013 editioncorrected up to date

3 A sum of ` 1886000 is hereby forwarded as earnest money The full value of the earnestmoney shall stand forfeited without prejudice to any other rights or remedies if

(a) IWe do not do execute the contract documents within Seven days after receipt of notice issued by the Railway that such documents are ready or(b) IWe do not commence the work within Ten days after receipt of the orders

to this effect or(c ) IWe withdraw or modify myour offer within the validity date of the tender

4 Once the acceptance of the tender is communicated to us a legal and enforceable contract comes in tobeing If in accordance with the letter of the acceptance IWe fail to commence work within theperiod stipulated in the acceptance letter and fail to execute the formal agreement IWe shall beliable for breach of the contract and the consequences of breach of any of the conditions of thecontract shall entitle Railway Administration to have workjob executed at myour risk and cost andto claim extra costexpenditure sustained by the Railway AdministrationSignature of Witness1 Address

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

9

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 AddressNORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

(TENDER FORM SECOND SHEET)Regulations for the Guidance of Tenderers

The following documents shall form part of the contract -1 (a) Tender form -FIRST AND SECOND SHEET

(b) N F Railway General Conditions of Contracts and Standard Special Conditions of Contracts2013 (ii) Indian Railway Unified Standard Specification Volume I amp II 2013 edition andUSSOR Schedule of Rates (for Labours and Materials) of Northeast Frontier Railway 2013edition corrected up to date

(c) Additional Special Conditions of Contract

(d) Special Conditions and Special Specifications for the work

(e) Schedule of items and Approximate Quantities and Abstract of Schedule of items of works andestimated cost

(f) Agreement forms

(g) Drawings

(h) Indian Railway Engg Code 2012 latest Revised Edition

2 INSTRUCTIONS TO TENDERER(S)

A Each and every page of the tender documents (purchased downloaded) are to be signed by thetenderers under seal of the participating firmtenderer before submission If the tenderersisare a partnershipJV firm it shall be signed by the authorized partner of the firm only

(i) Incomplete tenders are liable to be rejected without further correspondence

(ii) If the Tenderer(s) fail to submit the Affidavit as prescribed above alongwith histheiroffer histheir offer shall be considered incomplete and will be rejected summarily

B (i) The drawings for the works can be seen in the office of theDyChief Engineer ConstructionNortheast Frontier Railway Maligaon Guwahati - 781 011 at any time during office hours

(ii) General Conditions of Contract Standard Special Conditions of Contract 2013 and (iii) IndianRailway Unified Standard Specification Volume I amp II 2013 edition and

(iii) USSOR Schedule of Rates (for Labours and Materials) of Northeast Frontier Railway 2013edition corrected up to date can be seen in the office of the Chief EngineerConNFRailway orcan be had on payment if available

(iv) The Tenderer(s)Contractor(s) have to quote rates in figures and wordspercentage abovebelowatpar rate only in the schedule The quantities in schedule of items of work are given inAnnexuremdash I as a guide and are approximate only and are subject to variation according to theneed during execution of the work The Railway accepts no responsibility for the accuracy TheRailway does not guarantee work under the items of the schedule

(v) All documents and entries in the tender shall be either type written or in ink and in English Tendercontaining erasures additions and alterations to the tender documents are liable to be rejectedAny correction made by the Tenderer(s) in his entries must be attested by him If rates expressed

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

10

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

in figures and words do not agree then the lower of the two rates will be taken into considerationand binding on the contractor

(vi) Rates should be quoted inclusive of sales tax or any other local tax royalty etc unless specified tothe contrary in the tender documents

C Tenderers should observe the highest standard of ethics while submitting the Tender Document

(a) Railways will disqualify tenderer(s) if they have made misleading or false representation inthe form statements and attachments submitted or indulges in fraudulent and corruptpractice

i) ldquoCorrupt practicerdquo means the offering giving receiving or soliciting of anything ofvalue to influence the action of a public official in the tendering process or incontract execution and

ii) ldquoFraudulent practicerdquo means a misrepresentation of facts in order to influence andevaluation process or the execution of a contract and includes collusive practicesamong Tenderers (prior to or after Tender submission) designed to establish bid pricesat artificial non-competitive levels and to deprive the clientrsquos free and opencompetitions

(b) Further Railways may declare a Tenderer ineligible for any Railways contract if it at anytime determines that the Tenderer has engaged in corrupt or fraudulent practices incompleting for or in executing a borrowed financed contract in general or defines for thepurpose of this provision the terms set forth below as follows

i) Records of poor performance during the last 5 years as on the date of submission oftender such as abandoning the work rescinding of contract for which the reasons areattributable to the non-performance of the contractor

ii) Inordinate delays in completion consistent history of litigation awarded against thetenderercontractor or any of its constituents or financial failure due to bankruptcyetc If the Contractor has worked in a Joint Venture the rescinding of contract of aJoint Venture on account of reasons other than non-performance such as MostExperienced Partner (Lead Partner) of Joint Venture pulling out

Or

iii) Been debarred (blacklisted) by any Government agencies as on the date ofapplication

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

11

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

D DECLARATION TO BE GIVEN BY THE TENDERER(S)

IWe _____________________________________________________ declare that

(a) We have examined and have no reservations to the Tender documents Documentsincluding Addenda issued

(b) We offer to execute the Works in conformity with the Tender Documents

(c) If our tender is accepted we commit to submit Security Deposit and PerformanceGuarantee in accordance with the tender Document within the time fixed

(d) If our tender is accepted we commit to deploy minimum key personnel and equipmentsconsistent with the stipulation in the Tender Document

(e) If our Tender is accepted we commit to submit work method statements for all majoractivities and get these approved from the engineer prior to commencing work on suchactivities We also understand that the work shall be executed as per the approved methodstatements without any deviations

(f) If our tender is accepted we commit to establish Testing Laboratory at the site of workwith minimum Testing equipments indicated in the Tender Document

(g) IWe amare not banned from doing business with Railways or any other MinistryDepartment of the Govt of India State Govt from participation in tenders contract on thedate of opening of bids either in individual capacity or the JV firm or partnership firm inwhich we wereare members partners

(h) IWe are not sister concernsallied partners who were individuals or firms or partners offirms banned from doing business with Railways

(i) IWe understand and agree that if IWe were found during consideration of the tender to bea firmindividual or sisterallied concern or any individual or firms or partner of firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and ban is still in force Earnest money deposit remitted by meus will beforfeited in full

(j) IWe understand that if IWe were found during the course of execution of work to be anindividual or firm or partner or firms or sisterallied concern of any individuals or firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and the ban is still in force myour security deposit and Performance Guaranteewill be forfeited in full

(k) IWe understand that if IWe are found to be individual or firm or partner of firm orsisterallied concern of any individuals or firms banned by the Ministry of Railways or anyother Ministry Govt Department from doing business during the consideration of tenderor during the execution of work IWe are liable to be banned from doing business forfurther periods to be specified by Railways

(l) IWe are satisfying the eligibility conditions mentioned in the tender and IWe haveenclosed attested copies of documents along with the tender in support of myour claim of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

12

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfying eligibility conditions IWe understand that IWe have to produce the originaldocuments if so demanded by the Railways IWe understand that if any of the documentswere found to be bogus myour earnest money deposit (before finalisation of tender)security deposit (after awarding work) will be forfeited in full and IWe are liable to bebanned from doing business with Railways for any period to be specified by the Railwaysand also liable for legal proceedings against meus

(m) IWe have submitted full details of work on hand and progress thereon IWe understandthat if the information furnished by meus were found to be false myour tender is liable tobe rejected and Earnest money deposit in full is liable to be forfeited If it is found to befalse at any stage IWe are liable to be banned from doing business with Railways for anyperiod to be specified by Railways and also liable for legal proceedings against meus

(n) We have not made any tempering or changes in the Bidding Documents on which the Bidis being submitted and if any tampering or changes are detected at any stage weunderstand that the Bid will summarily rejected and forfeiture of Bid Security thecontract will be liable to be terminated along with forfeiture of full amount of performancesecurity even if LOA has been issued and

(o) We understand that you are not bound to accept the lowest evaluated bid or any other bidthat you may receive

(p) Iwe are not sister concernsallied partners of firmrsquos who have been found guilty in anycriminal case in the past

Name helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign the Bid for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SIGNATURE amp ADDRESS OF WITNESSES TO THE SIGNATURE OF THETENDERER(S)

WITNESSES

1 Name Signature

Address Date

2 Name Signature

Address Date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

13

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

30 SIGNING OF TENDERS

The tendererContractor shall sign each and every page of the Tender document

Any individuals signing the Tender or other documents connected therewith should specifywhether he is signing

i) As Sole Proprietor of the concern or his Attorneyor

ii) As a Partner or Partners of the Firmor

iii) For the Firm per procuration or

iv) As a Director Manager or Secretary in the case of Limited Company

31 In the case of firms not registered under the Indian Partnership Act all the partners or theattorney duly authorised by all of them should sign the tender and all other connecteddocuments The original document empowering the individual or individuals to sign theoriginal partnership deed with registration certificates if any in case the tenderer(s) is a firmand the Memorandum and Articles of Association in case the tenderer(s) is a Companyshould be furnished to the purchaser for verification if required

40 EARNEST MONEY

41 The tenderer(s) is required to deposit ` 1886000 only as earnest money for theperformance of the tender who will keep the offer open for a period of 120 days from thedate fixed for opening of tender it being clearly understood that the tenderer(s) aftersubmitting his tender will not resile from his offer or modify the rates items and conditionsthereof failing which the aforesaid amount shall be liable to be forfeited by the Railway

42 The earnest money should be in cash or Bankerrsquos ChequesDemand Drafts in favourof FAampCAOCon NFRailway executed by State Bank of India or any of theNationalized Banks or by a Scheduled Bank

43 The Earnest Money when deposited in cash should be remitted to the DivisionalCashierCONNFRailway Maligaon Guwahati-11 and the receipt obtained there-fromshould be enclosed with the tender as a proof of the deposit of the requisite earnest money

44 Bankerrsquos ChequesDemand drafts from the State Bank of India or from any of theNationalised Banks or a Schedule Banks should be drawn in favour of ldquo FinancialAdvisor amp Chief Account OfficerCONN F RailwayMaligaonrdquo and endorsedldquoAccount Payeerdquo and valid at least upto the validity of tender offer No conformationadvise from the Reserve Bank of India will be necessary

45 A tender not accompanied with requisite earnest money in the requisite manner as aforesaidwill be summarily rejected

46 Earnest money shall not be acceptable in the shape of Bank Guarantee Bond

a) If any of these instruments are found to have been drawn in favour ofpayable tothe tenderer they would be invalid and the tender submitted would be summarilyrejected

b) The name of the tenderer (party) on whose account the DD has been issued is tobe mentioned by the Banker at an appropriate place on the instrument itself

c) Government securities (Stock Certificates Bearer Bonds Promissory Notes etc)and Guarantee bonds executed by banks will not be accepted towards earnest

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

14

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

money

47 In the event of tenderer(s) defaulting in not adhering to the conditions laid down in para41 the Railway Administration shall be entitled to forfeit the full amount of earnestmoney deposited along the tender without prejudice to any other remedy available to theRailway

48 No interest will be paid on earnest money The earnest money will be refunded to theunsuccessful tenderer(s) within a reasonable period of time The earnest moneydeposited by the successful tenderer(s) will be retained towards the security deposit forthe due and faithful fulfillment of the contract but shall be forfeited if the contractor failsto execute the agreement or start the work within time schedule vide clause 3(a) 3(b) amp3(c) of Tender Form (First sheet) or a reasonable time determined by the Engineer afternotification of the acceptance of histheir tender

49 Railway shall be entitled to forfeit the earnest money specified for the particular work ifthe tenderer(s) failsfail to execute the agreement or start the work within time as perclause 48

50 CREDENTIALS (Eligibility Criteria)

51 Eligibility Criteria WILL BE AS UNDER

(A) Technical Criteria Deleted

(B) Financial Capability

Tenderer should have sufficient financial capacitycapability amp past performance to carry out theabove works which will be investigated by theTender Committee at the time of recommendingfor awarding the work

52

Tender must be enclosed in sealed cover super-scribed with Tender No and must be sentby Regd postSpeed post to the address of Chief Engineer (Construction) NFRailway Maligaon Guwahati-781 011 so as to reach this office not later than 1430hrs on 18-08-2016 or can be deposited in the Special Boxes allotted for the purpose inthe offices mentioned in the TENDER NO TENDER NODYCECONTeteliaByrnihatPreparation of GAD201635 The boxes will be sealed at 1430 hrs of18-08-2016 The tender will be opened on 23-08-2016 at 1100 hrs at General Manager(Construction)NFRailway Maligaon`s Office The tenders which are received after thesealing of the tender box are liable to be rejected

53 Non-compliance with any conditions mentioned above is liable to result in the tenderbeing rejected

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

15

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

60 Acceptance of Tender

61 The authority for the acceptance of the tender will rest with General ManagerCONN FRailway Maligaon Chief EngineerCONMaligaon Dy Chief EngineerCon of fieldunits for and on behalf of President of India who does not bind himself to accept thelowest or any other tender nor does he undertake to assign reasons for declining toconsider any particular tender or tenders No tenderer(s) shall demand any explanationon the cause of rejection of histheir tender No correspondence will be entertained withthe tenderer(s) in respect of the rejection of any or all tenders

62 Tender documents submitted by the tenderer(s) shall become the property of Railway andthe Railway shall have no obligation to return the same The cost of Tender Document isnot refundable

63 If the tenderer(s) deliberately gives wrong information in his tender the Railway reservesthe right to reject such tender at any stage

64 If a tenderer(s) expires after the submission of his tender or after the acceptance of histender the Railway shall deem such tender as cancelled If a partner of tendering firmexpires after the submission of or after acceptance of their tender the Railway shall deemsuch tender as cancelled unless the firm retains its character

65 The accepting authority reserves the right to divide the tender amongst more than onetenderers if deemed necessary and also to reject any or all tenders received withoutassigning any reason and does not bind himself to accept the lowest or any other tender

66 Conditional discounts offered by the tenderers for coverage within a shorter periodfor early inspectionpayment etc shall not be considered for evaluation of tender

70 Execution of Contract document

71 The tenderer whose tender is accepted shall be required to appear in the office of theGeneral ManagerCon in person or if a firm or corporation a duly authorisedrepresentative shall so appear to execute the contract documents within seven days afternotice to do so Failure to comply shall constitute a breach of the agreement effected bythe acceptance of the tender in which case the full value of the earnest moneyaccompanying the tender shall stand forfeited without prejudice to any other rights orremedies

72 In the event of any tenderer whose tender is accepted refusing to execute the contractdocuments as therein before provided the Railway may determine that such tenderer hasabandoned the contract and thereupon his tender and the acceptance thereof shall betreated as cancelled amp the Rly shall be entitled to forfeit the full amount of the earnestmoney and to recover the liquidated damages for such default equivalent to the amount ofPerformance Gaurantee

73 The tenderer shall keep the offer open for a minimum period of 120 days from the date ofopening of the tender within which period the tenderer cannot withdraw his offer Thisperiod may be extended further if so required by mutual agreement between the partiesfrom time to time Any contravention of this condition will make the tenderer liable forforfeiture of this security deposit

74 Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or Administrative capacity

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

16

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

or whether holding a pensionable post or not in the Engineering Department of any of theRailway onward andor administered by the President of India for the time being orshould a tenderer being partnership firm have as one of its partners a retired Engineer or aretired Gazetted Officer or should a tenderer being incorporated company have any suchretired Engineer or retired officer as one of its directors or should a tenderer have in hisemployment any retired Engineer or retired Gazetted officer as aforesaid the fullinformation to the date of retirement of such Engineer or Gazetted officer from the saidservice and in case where such Engineer or Officer had not retired from Governmentservice at least two years prior to the date of the submission of this tender as to whetherpermission for taking such contract or if the contractor be a partnership firm or anincorporated company to be one a partner or Director as the case may be or to takeemployment under the contractor has been obtained by the tenderer from the Engineer orthe officer authorized by him in this behalf shall be clearly stated in writing at the time ofsubmitting the tender Tenderers without the information above referred to or a statementto the effect that no such retired Engineer or retired Gazetted officer is so associated withthe tenderer as the case may be shall be rejected

75 Should a tenderer or contractor have a relative employed in Gazetted capacity in anydepartment of the NFRailway or in the case of partnership firm or companyincorporated under the company Law should p partner or a relative of the partner or ashare holder or a relative of a share holder be employed in Gazetted capacity in anydepartment of the NFRailway the authority inviting tender shall be informed of the factat the time of submission of tenders failing which the tender may be rejected or if suchfact subsequently comes to light the contract may be rescinded in accordance with theprovisions in Clause 62 of the General Conditions of Contract A declaration form(proforma attached) to this effect should be signed and enclosed with the tender(Annexure-B)

76 The tenderers shall clearly specify whether the tender is submitted on his behalf or onbehalf of partnership concern If the tender is submitted on behalf of partnership concernhe should submit the certified copy of partnership deed along with the tender and powerof attorney to sign the tender documents on behalf of partnership concern If thesedocuments are not enclosed along with the tender documents the tender will be treated ashaving been submitted by the person signing the tender in his individual capacity

80 The Railway will not be bound by any power of attorney granted by the tenderer or bychanges in the composition of the firm made subsequent to the execution of the contractIt may however recognize such power of attorney and changes after obtaining properlegal advise the cost of which will be chargeable to the contractor

90 If the tenderer whether a sole proprietor limited company or a partnership firm wants toact through agents or individual partnerpartners should submit along with the tender orat a later stage a power of Attorney duly stamped and authenticated by a public notary orby a Magistrate in favour of the specific persons whether hethey be partnerpartners ofthe firm or any other persons specially authorizing himthem to submit the tender signthe agreement receive money witness measurement signs measurement book compromise delete relinquish any claim or claims preferred by firm and sign No claimcertificate and refer all or disputed items to arbitration

100 The Railway reserves the right to accept a tender in whole or in part or reject any tenderor all tenders without assigning reasons for any such action

110 Negotiations with tenderer(s)

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

17

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

The Railway reserve the right to hold negotiations with lowest who should be lowestvalid eligible and technically acceptable tenderer considered for award of contractdirectly if the rates were not unreasonably high

120 Inspection of site

Before submitting a tender the tenderers will be deemed to have satisfied himself byactual inspection of the site and locality of the works that all conditions liable to beencountered during the execution of the works are taken into account and that the rates hehas entered in Schedule of quantities and Rates of the tender document are adequateand all inclusive to accord with the provision of the general and special conditions ofcontract for the completion of the works to the entire satisfaction of the Engineer Noclaim shall be entertained from the contractor for making his own arrangements forapproached roads from outside Railway land and contractor will bear entire expensessuch as road taxes payment on right of way etc to outsiders

130 Examination of Documents

The submission of the tender shall be deemed to have been done after careful study andexamination of the tender document with full understanding of the implications thereofAny clarification required by a tenderer shall be obtained from the office inviting tenderson any working day

140 Tender documents are not transferable and cost of tender document is not refundable

150 Sequence of work

151 The contractor(s) shall comply with the order of engineer in charge in regard to thesequences of tackling and progressing component parts of works

160 Preparation of PERT Chart

161 The successful tenderer within 20 days after the contract is awarded will make out adetailed PERT Chart along with detailed programme chart based on accepted schemeindicating various stages of execution method of execution and completion of work indifferent stages keeping the period of completion in view and submit the same to theengineer for the consideration and approval The above programme shall be strictlyadhered to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

18

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

10 DEFINITION AND INTERPRETATIONS

In the Contract documents the following terms shall have the meanings herein assigned to themexcept where the contract otherwise requires

11 General Manager shall be the Officer in Administrative charge of the whole of the NortheastFrontier Railway and shall mean and include the General Manager of the successor Railway andGeneral Manager (Construction) of Northeast Frontier Railway

12 Engineer shall mean the Executive Engineer in executive charge of the work and shall includethe superior Officer of the Engineering Department of the Northeast Frontier Railway ie DeputyChief Engineer (Construction)Chief Engineer (Construction) and shall mean and include theEngineer of the successor Railway

13 Construction plant shall mean all plants machinery vehicles river vessels tools equipmentappliances or things of whatsoever nature required in or about execution completion ormaintenance of the works or temporary work but does not include materials or other thingsintended to or forming part of the permanent work

14 A Day shall mean a day of 24 hours from midnight to mid night irrespective of the number ofhours worked in that day

15 A Week shall mean seven days without regard to the number of hours worked on any day inthat week

16 A ldquoMonthrdquo shall mean Gregorian Calendar Month irrespective of the number of hours workedon any day in that month

20 GENERAL

21 The Additional Special Conditions of Contract along with the Schedule of Items andApproximate Quantities General amp Standard Special Conditions of Contract ndash 2013 along withdeletion list enclosed as Annexures and Indian Railway Unified Standard SpecificationVolume-I amp II 2013 editionUSSOR Schedule of Rates (For labour amp materials) of NortheastFrontier Railway 2010 edition corrected up to date and relevant drawings with suchamendments which may be published from time to time during contract period shall constituteContract Documents and the contractor shall satisfy himselfthemselves in every respect as tothe true intent and meaning of these contract documents and to the nature extent and quality ofthe work required to be executed as no claim whatsoever arising through any misunderstandingof the intention or the meaning of any of the terms or expressions in these contract documentsshall be entertained after the submission of the tender

22 The work shall be executed in conformity with the tender documents such as the General ampStandard Special Conditions of Contract - 2013 and Indian Railway Unified StandardSpecification Volume-I amp II 2013 edition corrected up-to-date and other documents as per Para1 of Tender Form (Second Sheet) together with such amendments as may be published from timeto time and read in conjunction with the Additional Special Conditions and Special

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

19

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Specifications attached

23 In these tender documents where there is any conflict between the Additional Special Conditionsand Special Specifications on the one hand and the General Conditions of Contract and StandardSpecial Conditions-2013 and Indian Railway Unified Standard Specification Volume-I amp II2010 edition on the other the former shall prevail

30 DEVIATION

31 A Schedule of DeletionAlterations to the Standard Special Conditions of Contract of NFRailway (Engg Deptt) -2013 is enclosed as Annexure-C The items listed as deleted inAnnexure-F shall not be applicable to the tendercontract In case of alteration the item asprovided for in the Annexure-F shall be applicable to the tendercontract

32 Unless specifically provided otherwise in the Tender any and all exceptions which the Tenderermay have to any of the clauses of the Standard Special Conditions of Contract or theadditional Special Conditions of Contract if any as included in the Tender shall be clearlystated in a statement annexed to the tender and identified as Annexure-D Such exception shallbe listed in the format specified under the title Schedule of Deviations If the Tenderer has noexceptions the annexure shall be submitted with a NIL statement If the contractor does notinclude the Annexure with the Tender it shall be conclusive evidence that the Standard SpecialConditions of Contract and the additional Special Conditions of Contract withdeletionsalterations if any are entirely acceptable to the Contractor

33 Any Deviations from the Standard Special Conditions of Contract and the additional SpecialConditions of Contract if any stated by the Tenderer in his tender shall be a part of the Contractonly to such extent as have been explicitly accepted by the Railway and incorporated in theContract

40 INTENT OF PLANS SPECIFICATION AND CONTRACT DOCUMENTS

41 The work to be carried out under this contract shall except as otherwise provided in theseconditions include all labour materials (except the materials to be supplied by Railway freeof cost) construction plant equipment and transport which may be required in preparation of andfor the full and entire execution and successful completion of the works The description given inthe Schedule of works shall unless otherwise stated be held to include carriage and cartagecarrying and hoisting setting fitting and fixing in position and all other labour necessary in andfor the full and entire execution and successful completion of the works as aforesaid inaccordance with good practice and recognized principles and any urgent and temporary worksfully contingent upon the works

50 INSPECTION AND ADMISSION TO SITE

51 The Contractor shall not be permitted to enter on (other than for inspection purpose) or takepossession of the site until instructed to do so by the Engineer in writing The portion of the siteto be occupied by the contractor shall be defined andor shown in the site plan or this shall beindicated by the Engineer and the contractor shall on no account be allowed to extend hisoperation beyond these areas The contractor shall not use or allow it to be used the site soallowed to him by the Railway for any purpose other than that of executing the work Thecontractor shall make his own arrangement at his own cost for any additional land required byhim for the purpose of execution of the work

52 The Contractor shall at his own cost provide if necessary or if required on the site all temporary

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

20

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

access thereto to the satisfaction of the Engineer and shall alter adopt and maintain the same asrequired from time to time and shall take up and clear them away as and when no longer requiredand make good all damage done to the site

53 The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed tohave satisfied himself about the nature and type of work including ancillary worksnecessary for satisfactory execution of work Site accessibility availability of requiredmaterials need of suitable rollers for compaction of earthwork drying and wetting of soilbefore compactions arrangement for the testing equipment for quality control ofearthwork and concrete etc must be kept in view while quoting the rates

60 MODIFICATION OF DRAWINGS

The Railway reserves the right to altermodify the drawingsdesign to suit the site conditions Ifdue to the change in drawings or designs there is any increase or decrease in quantities in theitems of the schedule payment shall be made only for the actual quantities executed at theaccepted rates If there is sufficient ground for granting extension of the date of completion onthis account the Railway will consider such request on the merits of each individual case Suchcircumstances shall in no way affect or vitiate the contract or alter the character thereof or entitlecontractor to damages or compensation thereof

70 QUANTITIES IN SCHEDULE AND THEIR VARIATIONS

The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts

71 Individual NS items in contracts shall be operated with variation of plus or minus 25 andpayment would be made as per the agreement rate For this no finance concurrence would berequired

72 In case an increase in quantity of an individual item by more than 25 of the agreement quantityis considered unavoidable the same shall be got executed by floating a fresh tender If floating afresh tender for operating that item is considered not practicable quantity of that item may beoperated 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 theapproval of an officer of the rank not less than SA Grade

(i) Quantities operated in excess of 125 but upto 140 of the agreementquantity of the concerned item shall be paid at 98 of the rate awardedfor that item in that particular tender

(ii) Quantities operated in excess of 140 but upto 150 of the agreementquantity of the concerned item shall be paid at 96 of the rate awarded forthat item in that particular tender

(iii) Variation in quantities of individual items beyond 150 will be prohibitedand would be permitted only in exceptional unavoidable circumstanceswith the concurrence of associate finance and shall be paid at 96 of therate awarded for that item in that particulars tender

(b) The variation in quantities as per the above formula will apply only to the Individualitems of the contract and not on the overall contract value

(c ) Execution of quantities beyond 150 of the overall agreemental value should not bepermitted and if found necessary should be only through fresh tenders or bynegotiating with existing contractor with prior personal concurrence of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

21

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

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25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

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26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

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28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 2: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

INSTRUCTION TO TENDERER REGARDING TENDER FORMS DOWNLOADED FROM INTERNET

(i) Tender is to be down loaded from the Internet and printout is to be taken on A4 size paper anddetails are to be entered by the tenderer at the various locations in the document Submission ofXerox or photocopy of tender document is prohibited

(ii) This tender document (in full) downloaded along with the various documents required to besubmitted as per the tender conditions in a sealed cover duly subscribing with the name of the worktender notice no and date submission of tender downloaded from the internet etc and the sameshould be dropped in the tender box kept in the Office specified in the tender document before thedate and time stipulated in the tender document

(iii) The cost of tender document will have to be deposited by the tenderer in the form of bank draftpayable in favour of Accounts Officer concern specified in the tender document along with thetender This should be enclosed as a separate Demand Draft A single demand draft for the cost oftender form and Earnest Money Deposit will not be accepted Tender not accompanied with thedemand draft towards the cost of the tender document will be summarily rejected

(iv) Tenderers are advised to download tender documents well in advance and submit the tender beforethe stipulated time It is the responsibility of the Tenderer to check any correction or anymodifications published subsequently in Web site and the same shall be taken into account whilesubmitting the tender Tenderer shall down load corrigendum (if any) print it out sign and attach itwith the main tender document Tender document not accompanied by published corrigendums isliable to be rejected The Railway will not be responsible for any postal delays delay indownloading of tender document from the internet

(v) Tenderers are free to download tender document at their own risk and cost for the purpose ofperusal as well as for using the same as tender document for submitting the offer Master copy of thetender document is available in the concern office inviting tender After award of work an agreementwill be prepared based on the master copy of tender document available in the above-mentionedoffice In case any discrepancy between the tender document downloaded from the internet and themaster copy latter shall prevail and will be binding on the tenderers No claim on this account willbe entertained

(vi) If any changeadditiondeletion is made by the Tenderer Contractor and the same is detected at anystage even after the award of the tender full earnest money deposit will be forfeited and the contractwill be terminated as per extent procedure The tenderer is also liable to be banned from doingbusiness with Railways andor prosecuted

(vii) The following declaration should be given by the tenderer while submitting the tender

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

2

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Declaration

(a) IWe have downloaded the tender form from the Internet site wwwnfrly constructionorg and IWehave not tampered modified the tender forms in any manner In case if the same is found to betampered modified IWe understand that myour tender will be summarily rejected and full earnestmoney deposit will be forfeited and Iwe amare liable to be banned from doing business withRailways andor prosecuted

(b) I hereby declare that all the details as required to be furnished from our side to the Railways whileaccessing downloading the tender document from website have been furnished fully and correctly

(c) IWe submitting a demand draft no helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip dated helliphelliphelliphelliphellip

issued by helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for Rshelliphelliphelliphelliphelliphellip towards the cost of tender formCHECK LIST TO BE SUBMITTED BY THE TENDERER

S N DESCRIPTIONSUBMITTED COMPLIED NOTAPPLICABLE

AVAILABLEAT PAGE

1 COST OF TENDER DOCUMENT

2 EARNEST MONEY DEPOSIT

3MEMORANDUM OF UNDERSTANDING amp JV AGREEMENT

4 EFT FORM

5 TECHNICAL CREDENTIAL (35)

6 FINANCIAL CREDENTIAL (150)

7 LIST OF PLANT amp MACHINERIES

8 LIST OF TECHNICAL MANPOWER

9LIST OF WORK COMPLETED DURING LAST 5 YEARS

10 LIST OF WORKS IN HAND

11 LIST OF COURT amp ARBITRATION CASES PENDING

12 ORGANISATION CHART

13 PLANNING OF EXECUTION

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

3

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

14 COVERING LETTER

15 POWER OF ATTORNEY

16 SIGNATURE AT EACH PAGE

17 ATTESTATION OF CREDENTIALS

18 SUBMISSION OF ALL RATES IN FIGURES amp WORDS

19FULL COMMUNICATION ADDRESS WITH MOBILE NO OF CONTACT PERSON

20 BALLAST TEST CERTIFICATE helliphelliphellip helliphelliphellip

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

4

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

I N D E XS N DESCRIPTION

1 Notice Inviting Tender(i) Tender Document Issue Download Slip

2 Guidance To Tenderers(i) Signing of Tenders

(ii) Earnest Money

(iii) Execution of Contract Document

(iv) Negotiations With Tenderer(S)

(v) Preparation of Pert Chart

3 Additional Special Conditions Of Contract(i) Deviation

(ii) Inspection And Admission To Site

(iii) Quantities In Schedule And Their Variations

(iv) Taxes

(v) Programme And Completion Period

(vi) Extension Of Completion Date

(vii) Safety Measures

(viii) Taxes Security Deposit And Performance Guarantee

(ix) Price Variation Clause

(x) Maintenance Period

(xi) Settlement of Disputes

(xii) Deployment of Qualified Engineers

4 Important Annexures

5 Special Conditions of Contract (Technical)

6 Schedule of Rates

7 Top Sheet of Agreement

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

5

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NOTICE NODYCECONMLG2016JULY03 dtd20072016

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305m CompositeGirder with Deck slab) in continuation with redesigning of existing abutment 2 of Br No47 (2x457m SteelBridge + 122m composite Girder with Deck slab) and ROB (Bow string steel Girderof 30m clear span as perlatest RDSOrsquos drg) and both approaches) over existing level crossing NoST22 at Tetelia station yardincluding foundations Sub structure Bed Blocks inspection platform Bearing etc at tetelia ndash Byrnihat NewLine National Project

Forwarding Letter Detailing Salient feature of the tender proposal----------------------------------------------------------------------------------------------------------------------------- (Tenderer(s) should write their name and postal address themselves in case they are using documentdownloaded from internet)

Details of Demand DraftRailwayrsquos Money Receipt towards cost of tender document

DEMAND DRAFT Railwayrsquos Money Receipt No ____________________DATE __________

ISSUED BY _____________________________________________________ BANK

AMOUNT IN Rs __________________________________

DEMAND DRAFT Railwayrsquos Money Receipt No ____________________DATE __________

ISSUED BY ________________________ BANK CityTown ___________________________

AMOUNT IN Rs __________________________________

Name and Contact Numbers of Key Personnels----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

10 Sealed tenders have been invited for and on behalf of the President of India for the abovementioned work as per NIT

20 The tender document is hereby being issued to you on your request and on your havingdeposited the requisite cost of the tender document as per aforesaid details The document isbeing issued with further condition that you agree to abide by the conditions laid downhereinafter in the tender document before submitting your tender In case the tenderer has usedthe documents downloaded from the internet it is construed that the tenderer has agreed to asaforesaid

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

6

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

30 The tender document includes various chapters drawings and annexures as enclosed which areintegral parts of the tender documents

40 Detailed information of work and conditions may be seen in the Tender Document

50 JOINT VENTURE will not be permitted in this Tender

60 VALIDITY OF TENDER = 120 days from the date of opening of Tender70 The tender documents (not transferable) can be obtained from the offices of the (i) General

ManagerCon NF Railway Maligaon Guwahati ndash 11 (ii) DyChief EngineerConNFRailway Lumding amp (iii) DyChief EngineerCon NFRailway Alipuarduar Junctionduring office hours with effect from 29-07-2016 and upto 1100 hours of 18-08-2016 onpaymentsubmission of Crossed Demand Draft drawn in favour of Financial Adviser amp ChiefAccounts OfficerCon NF Railway Maligaon Outstation firms requiring tender document bypost shall remit the sum as specified above plus ` 500- extra per tender as postal charges toreach the office of General ManagerCon NF Railway Maligaon Guwahati - 781 011 latest by1430 hrs of 18-08-2016 Railway will not be responsible for any delay damage or loss oftender documents in transit

80 Tenders will be received by the offices mentioned against Note 7 above with effect from

29-07-2016 and upto 1430 hours of 18-08-2016 and will be opened on 23-08-2016 at 1100hours at the office of General ManagerCon NF Railway Maligaon Guwahati ndash781 011 Ifthe last date of receivingopening happens to be BundhHoliday(s) the tenders will beissuedreceivedopened on the following working day as per same timings

90 (a) The tender documents will also be available in Northeast Frontier Railway constructionwebsite in wwwnfrly constructionorg during the above mentioned period and same can bedown loaded and used as tender documents for submitting the offer However the DemandDraft for the amount equivalent to the cost of tender documents as mentioned above willhave to be enclosed while submitting the tender Otherwise the tender will be summarilyrejected

(b) Railway Administration will not be responsible for any delay difficulties inaccessibility ofthe down loading facility for any reason whatsoever In case of any discrepancy between thetender documents down loaded from internet and the master copy available in the officesmentioned in (9) above the latter shall prevail and will be binding on the tenderer(s) No claim onthis account will be entertained(c)

100 Earnest Money shall have to be deposited by all tenderers Tenders not accompanied byrequisite Earnest Money shall be summarily rejected The tenderer should furnish thedetails of postal address with PIN Code along with FAX No of concerned bank from whichEMD purchased

110 All documents being submitted by the tenderer(s) along with their offer shall have to beattested by the Gazetted Officer Moreover all the documents submitted by the tendereralong with the tender document must be self attested failing which document not bearingself attested signature of the tenderer will be treated null and void and will not be takeninto consideration while deciding the tender

90 (a) निविदा दसािवज भभ उपरयक अिधव कव दौराि wwwnfrly constructionorg म पपिरवोतर सभमारवलिव निमाण िवबसाइट म उपलबव हहोगा और उस दसािवज़ कहो डााउिलहोडा ककरा जा सका ह और निविदादसािवज कव रप म इस वमाल ककरा जा सका ह हालाकक जसा कक ऊपर उललवख निविदा दसािवजज कक लाग

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

7

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

कव बराबर राशि कव शिलए डडामाडा डाफट निविदा परस य कर व समर सलगि करिा हहोगा अनरथा निविदा सरसरीौर पर खाररज कर दिदरा जाएगा(b) रवल पर ासि ककसभ भभ कारण कव शिलए िभचव लहोडा हहो रहा ह सयविवा कव ककसभ भभ दवरी कदिििाइरज अपरापराकव शिलए जजममवदार िही हहोगा इटरिवट और इसकव बाद कव ससकरण 7 म िरण कारालरज म उपलबव मासटरककॉपभ सव डााउिलहोडा निविदा दसािवज कव बभच कहोई विसगन कव मामलव म बाद अशिभभािभ हहोगभ और निविदाकार(एस) पर बाधरकारी हहोगा इस खा व पर कहोई दािा मिहोरजि िही ककरा जाएगा

100 बरािा सभभ निविदाकाओ दिारा जमा ककरा जािा हहोगा उि अपवकषि बरािा राशि कव साथ िही कर रहवह निविदाए सरसरी ौर पर असिभकार कर दिदरा जाएगा निविदाकार EMD जहो खरीदी सव सबधव बक काफकस िबर कव साथ वपि कहोडा कव डााक प व का वििरण परस य करिा चादिहए

110 सभभ दसािवजज कहो अपिव परसाि कव साथ निविदाकार (एस) दिारा परस य ककरा जा रहा राजपतरिअधवकारी दिारा सतरावप ककरा जािा ह अथबा सि-अशिभपरमारण ककरा जािा ह अनरथा इसव बानल और पनर मािा जाएगा और निविदा निणर लव व समर धराि म िही शिलरा जाएगा

JOINT VENTURE (NOT APPLICABLE)

Signature of Tenderer (s)

Contractor (s)

for Dy Chief EngineerCon NFRailwayMaligaon

ldquo BE A PARTNER IN THE TURN AROUND OF INDIAN RAILWAYSrdquo

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

8

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

(FIRST SHEET)Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

From website by

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305m CompositeGirder with Deck slab) in continuation with redesigning of existing abutment 2 of Br No47 (2x457m SteelBridge + 122m composite Girder with Deck slab) and ROB (Bow string steel Girderof 30m clear span as perlatest RDSOrsquos drg) and both approaches) over existing level crossing NoST22 at Tetelia station yardincluding foundations Sub structure Bed Blocks inspection platform Bearing etc at tetelia ndash Byrnihat NewLine National Project

Approximate Cost (Tender Value) Rs94269600ToThe President of IndiaActing Through the Chief Engineer(Con)Northeast Frontier Railway MaligaonGuwahati ndash 781 0111 IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphave read the various

conditions to tender attached here to and hereby agree to abide by the said conditions IWealso agree to keep this tender open for acceptance for a period of 120 days from the date fixedfor opening the same and in default thereof IWe will be liable for forfeiture of myourldquoEarnest Moneyrdquo IWe offer to do the work at the rates quoted in the attached Schedules andhereby bind myselfourselves to complete the work in all respects within 30 days(One month) from the date of issue of letter of acceptance of the tender

2 IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip also hereby agree to abide bythe (i) N F Railway General Conditions of Contracts and Standard Special Conditions ofContracts 2013 (ii) Unified Standard Specifications (for Works amp Matrials) 2013 (iii)Special Conditions and Specifications attached with the tender amp (iv) Unified StandardSchedule of Rates (for Works and Materials) of Northeast Frontier Railway 2013 editioncorrected up to date

3 A sum of ` 1886000 is hereby forwarded as earnest money The full value of the earnestmoney shall stand forfeited without prejudice to any other rights or remedies if

(a) IWe do not do execute the contract documents within Seven days after receipt of notice issued by the Railway that such documents are ready or(b) IWe do not commence the work within Ten days after receipt of the orders

to this effect or(c ) IWe withdraw or modify myour offer within the validity date of the tender

4 Once the acceptance of the tender is communicated to us a legal and enforceable contract comes in tobeing If in accordance with the letter of the acceptance IWe fail to commence work within theperiod stipulated in the acceptance letter and fail to execute the formal agreement IWe shall beliable for breach of the contract and the consequences of breach of any of the conditions of thecontract shall entitle Railway Administration to have workjob executed at myour risk and cost andto claim extra costexpenditure sustained by the Railway AdministrationSignature of Witness1 Address

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

9

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 AddressNORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

(TENDER FORM SECOND SHEET)Regulations for the Guidance of Tenderers

The following documents shall form part of the contract -1 (a) Tender form -FIRST AND SECOND SHEET

(b) N F Railway General Conditions of Contracts and Standard Special Conditions of Contracts2013 (ii) Indian Railway Unified Standard Specification Volume I amp II 2013 edition andUSSOR Schedule of Rates (for Labours and Materials) of Northeast Frontier Railway 2013edition corrected up to date

(c) Additional Special Conditions of Contract

(d) Special Conditions and Special Specifications for the work

(e) Schedule of items and Approximate Quantities and Abstract of Schedule of items of works andestimated cost

(f) Agreement forms

(g) Drawings

(h) Indian Railway Engg Code 2012 latest Revised Edition

2 INSTRUCTIONS TO TENDERER(S)

A Each and every page of the tender documents (purchased downloaded) are to be signed by thetenderers under seal of the participating firmtenderer before submission If the tenderersisare a partnershipJV firm it shall be signed by the authorized partner of the firm only

(i) Incomplete tenders are liable to be rejected without further correspondence

(ii) If the Tenderer(s) fail to submit the Affidavit as prescribed above alongwith histheiroffer histheir offer shall be considered incomplete and will be rejected summarily

B (i) The drawings for the works can be seen in the office of theDyChief Engineer ConstructionNortheast Frontier Railway Maligaon Guwahati - 781 011 at any time during office hours

(ii) General Conditions of Contract Standard Special Conditions of Contract 2013 and (iii) IndianRailway Unified Standard Specification Volume I amp II 2013 edition and

(iii) USSOR Schedule of Rates (for Labours and Materials) of Northeast Frontier Railway 2013edition corrected up to date can be seen in the office of the Chief EngineerConNFRailway orcan be had on payment if available

(iv) The Tenderer(s)Contractor(s) have to quote rates in figures and wordspercentage abovebelowatpar rate only in the schedule The quantities in schedule of items of work are given inAnnexuremdash I as a guide and are approximate only and are subject to variation according to theneed during execution of the work The Railway accepts no responsibility for the accuracy TheRailway does not guarantee work under the items of the schedule

(v) All documents and entries in the tender shall be either type written or in ink and in English Tendercontaining erasures additions and alterations to the tender documents are liable to be rejectedAny correction made by the Tenderer(s) in his entries must be attested by him If rates expressed

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

10

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

in figures and words do not agree then the lower of the two rates will be taken into considerationand binding on the contractor

(vi) Rates should be quoted inclusive of sales tax or any other local tax royalty etc unless specified tothe contrary in the tender documents

C Tenderers should observe the highest standard of ethics while submitting the Tender Document

(a) Railways will disqualify tenderer(s) if they have made misleading or false representation inthe form statements and attachments submitted or indulges in fraudulent and corruptpractice

i) ldquoCorrupt practicerdquo means the offering giving receiving or soliciting of anything ofvalue to influence the action of a public official in the tendering process or incontract execution and

ii) ldquoFraudulent practicerdquo means a misrepresentation of facts in order to influence andevaluation process or the execution of a contract and includes collusive practicesamong Tenderers (prior to or after Tender submission) designed to establish bid pricesat artificial non-competitive levels and to deprive the clientrsquos free and opencompetitions

(b) Further Railways may declare a Tenderer ineligible for any Railways contract if it at anytime determines that the Tenderer has engaged in corrupt or fraudulent practices incompleting for or in executing a borrowed financed contract in general or defines for thepurpose of this provision the terms set forth below as follows

i) Records of poor performance during the last 5 years as on the date of submission oftender such as abandoning the work rescinding of contract for which the reasons areattributable to the non-performance of the contractor

ii) Inordinate delays in completion consistent history of litigation awarded against thetenderercontractor or any of its constituents or financial failure due to bankruptcyetc If the Contractor has worked in a Joint Venture the rescinding of contract of aJoint Venture on account of reasons other than non-performance such as MostExperienced Partner (Lead Partner) of Joint Venture pulling out

Or

iii) Been debarred (blacklisted) by any Government agencies as on the date ofapplication

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

11

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

D DECLARATION TO BE GIVEN BY THE TENDERER(S)

IWe _____________________________________________________ declare that

(a) We have examined and have no reservations to the Tender documents Documentsincluding Addenda issued

(b) We offer to execute the Works in conformity with the Tender Documents

(c) If our tender is accepted we commit to submit Security Deposit and PerformanceGuarantee in accordance with the tender Document within the time fixed

(d) If our tender is accepted we commit to deploy minimum key personnel and equipmentsconsistent with the stipulation in the Tender Document

(e) If our Tender is accepted we commit to submit work method statements for all majoractivities and get these approved from the engineer prior to commencing work on suchactivities We also understand that the work shall be executed as per the approved methodstatements without any deviations

(f) If our tender is accepted we commit to establish Testing Laboratory at the site of workwith minimum Testing equipments indicated in the Tender Document

(g) IWe amare not banned from doing business with Railways or any other MinistryDepartment of the Govt of India State Govt from participation in tenders contract on thedate of opening of bids either in individual capacity or the JV firm or partnership firm inwhich we wereare members partners

(h) IWe are not sister concernsallied partners who were individuals or firms or partners offirms banned from doing business with Railways

(i) IWe understand and agree that if IWe were found during consideration of the tender to bea firmindividual or sisterallied concern or any individual or firms or partner of firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and ban is still in force Earnest money deposit remitted by meus will beforfeited in full

(j) IWe understand that if IWe were found during the course of execution of work to be anindividual or firm or partner or firms or sisterallied concern of any individuals or firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and the ban is still in force myour security deposit and Performance Guaranteewill be forfeited in full

(k) IWe understand that if IWe are found to be individual or firm or partner of firm orsisterallied concern of any individuals or firms banned by the Ministry of Railways or anyother Ministry Govt Department from doing business during the consideration of tenderor during the execution of work IWe are liable to be banned from doing business forfurther periods to be specified by Railways

(l) IWe are satisfying the eligibility conditions mentioned in the tender and IWe haveenclosed attested copies of documents along with the tender in support of myour claim of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

12

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfying eligibility conditions IWe understand that IWe have to produce the originaldocuments if so demanded by the Railways IWe understand that if any of the documentswere found to be bogus myour earnest money deposit (before finalisation of tender)security deposit (after awarding work) will be forfeited in full and IWe are liable to bebanned from doing business with Railways for any period to be specified by the Railwaysand also liable for legal proceedings against meus

(m) IWe have submitted full details of work on hand and progress thereon IWe understandthat if the information furnished by meus were found to be false myour tender is liable tobe rejected and Earnest money deposit in full is liable to be forfeited If it is found to befalse at any stage IWe are liable to be banned from doing business with Railways for anyperiod to be specified by Railways and also liable for legal proceedings against meus

(n) We have not made any tempering or changes in the Bidding Documents on which the Bidis being submitted and if any tampering or changes are detected at any stage weunderstand that the Bid will summarily rejected and forfeiture of Bid Security thecontract will be liable to be terminated along with forfeiture of full amount of performancesecurity even if LOA has been issued and

(o) We understand that you are not bound to accept the lowest evaluated bid or any other bidthat you may receive

(p) Iwe are not sister concernsallied partners of firmrsquos who have been found guilty in anycriminal case in the past

Name helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign the Bid for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SIGNATURE amp ADDRESS OF WITNESSES TO THE SIGNATURE OF THETENDERER(S)

WITNESSES

1 Name Signature

Address Date

2 Name Signature

Address Date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

13

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

30 SIGNING OF TENDERS

The tendererContractor shall sign each and every page of the Tender document

Any individuals signing the Tender or other documents connected therewith should specifywhether he is signing

i) As Sole Proprietor of the concern or his Attorneyor

ii) As a Partner or Partners of the Firmor

iii) For the Firm per procuration or

iv) As a Director Manager or Secretary in the case of Limited Company

31 In the case of firms not registered under the Indian Partnership Act all the partners or theattorney duly authorised by all of them should sign the tender and all other connecteddocuments The original document empowering the individual or individuals to sign theoriginal partnership deed with registration certificates if any in case the tenderer(s) is a firmand the Memorandum and Articles of Association in case the tenderer(s) is a Companyshould be furnished to the purchaser for verification if required

40 EARNEST MONEY

41 The tenderer(s) is required to deposit ` 1886000 only as earnest money for theperformance of the tender who will keep the offer open for a period of 120 days from thedate fixed for opening of tender it being clearly understood that the tenderer(s) aftersubmitting his tender will not resile from his offer or modify the rates items and conditionsthereof failing which the aforesaid amount shall be liable to be forfeited by the Railway

42 The earnest money should be in cash or Bankerrsquos ChequesDemand Drafts in favourof FAampCAOCon NFRailway executed by State Bank of India or any of theNationalized Banks or by a Scheduled Bank

43 The Earnest Money when deposited in cash should be remitted to the DivisionalCashierCONNFRailway Maligaon Guwahati-11 and the receipt obtained there-fromshould be enclosed with the tender as a proof of the deposit of the requisite earnest money

44 Bankerrsquos ChequesDemand drafts from the State Bank of India or from any of theNationalised Banks or a Schedule Banks should be drawn in favour of ldquo FinancialAdvisor amp Chief Account OfficerCONN F RailwayMaligaonrdquo and endorsedldquoAccount Payeerdquo and valid at least upto the validity of tender offer No conformationadvise from the Reserve Bank of India will be necessary

45 A tender not accompanied with requisite earnest money in the requisite manner as aforesaidwill be summarily rejected

46 Earnest money shall not be acceptable in the shape of Bank Guarantee Bond

a) If any of these instruments are found to have been drawn in favour ofpayable tothe tenderer they would be invalid and the tender submitted would be summarilyrejected

b) The name of the tenderer (party) on whose account the DD has been issued is tobe mentioned by the Banker at an appropriate place on the instrument itself

c) Government securities (Stock Certificates Bearer Bonds Promissory Notes etc)and Guarantee bonds executed by banks will not be accepted towards earnest

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

14

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

money

47 In the event of tenderer(s) defaulting in not adhering to the conditions laid down in para41 the Railway Administration shall be entitled to forfeit the full amount of earnestmoney deposited along the tender without prejudice to any other remedy available to theRailway

48 No interest will be paid on earnest money The earnest money will be refunded to theunsuccessful tenderer(s) within a reasonable period of time The earnest moneydeposited by the successful tenderer(s) will be retained towards the security deposit forthe due and faithful fulfillment of the contract but shall be forfeited if the contractor failsto execute the agreement or start the work within time schedule vide clause 3(a) 3(b) amp3(c) of Tender Form (First sheet) or a reasonable time determined by the Engineer afternotification of the acceptance of histheir tender

49 Railway shall be entitled to forfeit the earnest money specified for the particular work ifthe tenderer(s) failsfail to execute the agreement or start the work within time as perclause 48

50 CREDENTIALS (Eligibility Criteria)

51 Eligibility Criteria WILL BE AS UNDER

(A) Technical Criteria Deleted

(B) Financial Capability

Tenderer should have sufficient financial capacitycapability amp past performance to carry out theabove works which will be investigated by theTender Committee at the time of recommendingfor awarding the work

52

Tender must be enclosed in sealed cover super-scribed with Tender No and must be sentby Regd postSpeed post to the address of Chief Engineer (Construction) NFRailway Maligaon Guwahati-781 011 so as to reach this office not later than 1430hrs on 18-08-2016 or can be deposited in the Special Boxes allotted for the purpose inthe offices mentioned in the TENDER NO TENDER NODYCECONTeteliaByrnihatPreparation of GAD201635 The boxes will be sealed at 1430 hrs of18-08-2016 The tender will be opened on 23-08-2016 at 1100 hrs at General Manager(Construction)NFRailway Maligaon`s Office The tenders which are received after thesealing of the tender box are liable to be rejected

53 Non-compliance with any conditions mentioned above is liable to result in the tenderbeing rejected

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

15

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

60 Acceptance of Tender

61 The authority for the acceptance of the tender will rest with General ManagerCONN FRailway Maligaon Chief EngineerCONMaligaon Dy Chief EngineerCon of fieldunits for and on behalf of President of India who does not bind himself to accept thelowest or any other tender nor does he undertake to assign reasons for declining toconsider any particular tender or tenders No tenderer(s) shall demand any explanationon the cause of rejection of histheir tender No correspondence will be entertained withthe tenderer(s) in respect of the rejection of any or all tenders

62 Tender documents submitted by the tenderer(s) shall become the property of Railway andthe Railway shall have no obligation to return the same The cost of Tender Document isnot refundable

63 If the tenderer(s) deliberately gives wrong information in his tender the Railway reservesthe right to reject such tender at any stage

64 If a tenderer(s) expires after the submission of his tender or after the acceptance of histender the Railway shall deem such tender as cancelled If a partner of tendering firmexpires after the submission of or after acceptance of their tender the Railway shall deemsuch tender as cancelled unless the firm retains its character

65 The accepting authority reserves the right to divide the tender amongst more than onetenderers if deemed necessary and also to reject any or all tenders received withoutassigning any reason and does not bind himself to accept the lowest or any other tender

66 Conditional discounts offered by the tenderers for coverage within a shorter periodfor early inspectionpayment etc shall not be considered for evaluation of tender

70 Execution of Contract document

71 The tenderer whose tender is accepted shall be required to appear in the office of theGeneral ManagerCon in person or if a firm or corporation a duly authorisedrepresentative shall so appear to execute the contract documents within seven days afternotice to do so Failure to comply shall constitute a breach of the agreement effected bythe acceptance of the tender in which case the full value of the earnest moneyaccompanying the tender shall stand forfeited without prejudice to any other rights orremedies

72 In the event of any tenderer whose tender is accepted refusing to execute the contractdocuments as therein before provided the Railway may determine that such tenderer hasabandoned the contract and thereupon his tender and the acceptance thereof shall betreated as cancelled amp the Rly shall be entitled to forfeit the full amount of the earnestmoney and to recover the liquidated damages for such default equivalent to the amount ofPerformance Gaurantee

73 The tenderer shall keep the offer open for a minimum period of 120 days from the date ofopening of the tender within which period the tenderer cannot withdraw his offer Thisperiod may be extended further if so required by mutual agreement between the partiesfrom time to time Any contravention of this condition will make the tenderer liable forforfeiture of this security deposit

74 Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or Administrative capacity

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

16

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

or whether holding a pensionable post or not in the Engineering Department of any of theRailway onward andor administered by the President of India for the time being orshould a tenderer being partnership firm have as one of its partners a retired Engineer or aretired Gazetted Officer or should a tenderer being incorporated company have any suchretired Engineer or retired officer as one of its directors or should a tenderer have in hisemployment any retired Engineer or retired Gazetted officer as aforesaid the fullinformation to the date of retirement of such Engineer or Gazetted officer from the saidservice and in case where such Engineer or Officer had not retired from Governmentservice at least two years prior to the date of the submission of this tender as to whetherpermission for taking such contract or if the contractor be a partnership firm or anincorporated company to be one a partner or Director as the case may be or to takeemployment under the contractor has been obtained by the tenderer from the Engineer orthe officer authorized by him in this behalf shall be clearly stated in writing at the time ofsubmitting the tender Tenderers without the information above referred to or a statementto the effect that no such retired Engineer or retired Gazetted officer is so associated withthe tenderer as the case may be shall be rejected

75 Should a tenderer or contractor have a relative employed in Gazetted capacity in anydepartment of the NFRailway or in the case of partnership firm or companyincorporated under the company Law should p partner or a relative of the partner or ashare holder or a relative of a share holder be employed in Gazetted capacity in anydepartment of the NFRailway the authority inviting tender shall be informed of the factat the time of submission of tenders failing which the tender may be rejected or if suchfact subsequently comes to light the contract may be rescinded in accordance with theprovisions in Clause 62 of the General Conditions of Contract A declaration form(proforma attached) to this effect should be signed and enclosed with the tender(Annexure-B)

76 The tenderers shall clearly specify whether the tender is submitted on his behalf or onbehalf of partnership concern If the tender is submitted on behalf of partnership concernhe should submit the certified copy of partnership deed along with the tender and powerof attorney to sign the tender documents on behalf of partnership concern If thesedocuments are not enclosed along with the tender documents the tender will be treated ashaving been submitted by the person signing the tender in his individual capacity

80 The Railway will not be bound by any power of attorney granted by the tenderer or bychanges in the composition of the firm made subsequent to the execution of the contractIt may however recognize such power of attorney and changes after obtaining properlegal advise the cost of which will be chargeable to the contractor

90 If the tenderer whether a sole proprietor limited company or a partnership firm wants toact through agents or individual partnerpartners should submit along with the tender orat a later stage a power of Attorney duly stamped and authenticated by a public notary orby a Magistrate in favour of the specific persons whether hethey be partnerpartners ofthe firm or any other persons specially authorizing himthem to submit the tender signthe agreement receive money witness measurement signs measurement book compromise delete relinquish any claim or claims preferred by firm and sign No claimcertificate and refer all or disputed items to arbitration

100 The Railway reserves the right to accept a tender in whole or in part or reject any tenderor all tenders without assigning reasons for any such action

110 Negotiations with tenderer(s)

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17

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

The Railway reserve the right to hold negotiations with lowest who should be lowestvalid eligible and technically acceptable tenderer considered for award of contractdirectly if the rates were not unreasonably high

120 Inspection of site

Before submitting a tender the tenderers will be deemed to have satisfied himself byactual inspection of the site and locality of the works that all conditions liable to beencountered during the execution of the works are taken into account and that the rates hehas entered in Schedule of quantities and Rates of the tender document are adequateand all inclusive to accord with the provision of the general and special conditions ofcontract for the completion of the works to the entire satisfaction of the Engineer Noclaim shall be entertained from the contractor for making his own arrangements forapproached roads from outside Railway land and contractor will bear entire expensessuch as road taxes payment on right of way etc to outsiders

130 Examination of Documents

The submission of the tender shall be deemed to have been done after careful study andexamination of the tender document with full understanding of the implications thereofAny clarification required by a tenderer shall be obtained from the office inviting tenderson any working day

140 Tender documents are not transferable and cost of tender document is not refundable

150 Sequence of work

151 The contractor(s) shall comply with the order of engineer in charge in regard to thesequences of tackling and progressing component parts of works

160 Preparation of PERT Chart

161 The successful tenderer within 20 days after the contract is awarded will make out adetailed PERT Chart along with detailed programme chart based on accepted schemeindicating various stages of execution method of execution and completion of work indifferent stages keeping the period of completion in view and submit the same to theengineer for the consideration and approval The above programme shall be strictlyadhered to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

18

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

10 DEFINITION AND INTERPRETATIONS

In the Contract documents the following terms shall have the meanings herein assigned to themexcept where the contract otherwise requires

11 General Manager shall be the Officer in Administrative charge of the whole of the NortheastFrontier Railway and shall mean and include the General Manager of the successor Railway andGeneral Manager (Construction) of Northeast Frontier Railway

12 Engineer shall mean the Executive Engineer in executive charge of the work and shall includethe superior Officer of the Engineering Department of the Northeast Frontier Railway ie DeputyChief Engineer (Construction)Chief Engineer (Construction) and shall mean and include theEngineer of the successor Railway

13 Construction plant shall mean all plants machinery vehicles river vessels tools equipmentappliances or things of whatsoever nature required in or about execution completion ormaintenance of the works or temporary work but does not include materials or other thingsintended to or forming part of the permanent work

14 A Day shall mean a day of 24 hours from midnight to mid night irrespective of the number ofhours worked in that day

15 A Week shall mean seven days without regard to the number of hours worked on any day inthat week

16 A ldquoMonthrdquo shall mean Gregorian Calendar Month irrespective of the number of hours workedon any day in that month

20 GENERAL

21 The Additional Special Conditions of Contract along with the Schedule of Items andApproximate Quantities General amp Standard Special Conditions of Contract ndash 2013 along withdeletion list enclosed as Annexures and Indian Railway Unified Standard SpecificationVolume-I amp II 2013 editionUSSOR Schedule of Rates (For labour amp materials) of NortheastFrontier Railway 2010 edition corrected up to date and relevant drawings with suchamendments which may be published from time to time during contract period shall constituteContract Documents and the contractor shall satisfy himselfthemselves in every respect as tothe true intent and meaning of these contract documents and to the nature extent and quality ofthe work required to be executed as no claim whatsoever arising through any misunderstandingof the intention or the meaning of any of the terms or expressions in these contract documentsshall be entertained after the submission of the tender

22 The work shall be executed in conformity with the tender documents such as the General ampStandard Special Conditions of Contract - 2013 and Indian Railway Unified StandardSpecification Volume-I amp II 2013 edition corrected up-to-date and other documents as per Para1 of Tender Form (Second Sheet) together with such amendments as may be published from timeto time and read in conjunction with the Additional Special Conditions and Special

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

19

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Specifications attached

23 In these tender documents where there is any conflict between the Additional Special Conditionsand Special Specifications on the one hand and the General Conditions of Contract and StandardSpecial Conditions-2013 and Indian Railway Unified Standard Specification Volume-I amp II2010 edition on the other the former shall prevail

30 DEVIATION

31 A Schedule of DeletionAlterations to the Standard Special Conditions of Contract of NFRailway (Engg Deptt) -2013 is enclosed as Annexure-C The items listed as deleted inAnnexure-F shall not be applicable to the tendercontract In case of alteration the item asprovided for in the Annexure-F shall be applicable to the tendercontract

32 Unless specifically provided otherwise in the Tender any and all exceptions which the Tenderermay have to any of the clauses of the Standard Special Conditions of Contract or theadditional Special Conditions of Contract if any as included in the Tender shall be clearlystated in a statement annexed to the tender and identified as Annexure-D Such exception shallbe listed in the format specified under the title Schedule of Deviations If the Tenderer has noexceptions the annexure shall be submitted with a NIL statement If the contractor does notinclude the Annexure with the Tender it shall be conclusive evidence that the Standard SpecialConditions of Contract and the additional Special Conditions of Contract withdeletionsalterations if any are entirely acceptable to the Contractor

33 Any Deviations from the Standard Special Conditions of Contract and the additional SpecialConditions of Contract if any stated by the Tenderer in his tender shall be a part of the Contractonly to such extent as have been explicitly accepted by the Railway and incorporated in theContract

40 INTENT OF PLANS SPECIFICATION AND CONTRACT DOCUMENTS

41 The work to be carried out under this contract shall except as otherwise provided in theseconditions include all labour materials (except the materials to be supplied by Railway freeof cost) construction plant equipment and transport which may be required in preparation of andfor the full and entire execution and successful completion of the works The description given inthe Schedule of works shall unless otherwise stated be held to include carriage and cartagecarrying and hoisting setting fitting and fixing in position and all other labour necessary in andfor the full and entire execution and successful completion of the works as aforesaid inaccordance with good practice and recognized principles and any urgent and temporary worksfully contingent upon the works

50 INSPECTION AND ADMISSION TO SITE

51 The Contractor shall not be permitted to enter on (other than for inspection purpose) or takepossession of the site until instructed to do so by the Engineer in writing The portion of the siteto be occupied by the contractor shall be defined andor shown in the site plan or this shall beindicated by the Engineer and the contractor shall on no account be allowed to extend hisoperation beyond these areas The contractor shall not use or allow it to be used the site soallowed to him by the Railway for any purpose other than that of executing the work Thecontractor shall make his own arrangement at his own cost for any additional land required byhim for the purpose of execution of the work

52 The Contractor shall at his own cost provide if necessary or if required on the site all temporary

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20

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

access thereto to the satisfaction of the Engineer and shall alter adopt and maintain the same asrequired from time to time and shall take up and clear them away as and when no longer requiredand make good all damage done to the site

53 The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed tohave satisfied himself about the nature and type of work including ancillary worksnecessary for satisfactory execution of work Site accessibility availability of requiredmaterials need of suitable rollers for compaction of earthwork drying and wetting of soilbefore compactions arrangement for the testing equipment for quality control ofearthwork and concrete etc must be kept in view while quoting the rates

60 MODIFICATION OF DRAWINGS

The Railway reserves the right to altermodify the drawingsdesign to suit the site conditions Ifdue to the change in drawings or designs there is any increase or decrease in quantities in theitems of the schedule payment shall be made only for the actual quantities executed at theaccepted rates If there is sufficient ground for granting extension of the date of completion onthis account the Railway will consider such request on the merits of each individual case Suchcircumstances shall in no way affect or vitiate the contract or alter the character thereof or entitlecontractor to damages or compensation thereof

70 QUANTITIES IN SCHEDULE AND THEIR VARIATIONS

The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts

71 Individual NS items in contracts shall be operated with variation of plus or minus 25 andpayment would be made as per the agreement rate For this no finance concurrence would berequired

72 In case an increase in quantity of an individual item by more than 25 of the agreement quantityis considered unavoidable the same shall be got executed by floating a fresh tender If floating afresh tender for operating that item is considered not practicable quantity of that item may beoperated 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 theapproval of an officer of the rank not less than SA Grade

(i) Quantities operated in excess of 125 but upto 140 of the agreementquantity of the concerned item shall be paid at 98 of the rate awardedfor that item in that particular tender

(ii) Quantities operated in excess of 140 but upto 150 of the agreementquantity of the concerned item shall be paid at 96 of the rate awarded forthat item in that particular tender

(iii) Variation in quantities of individual items beyond 150 will be prohibitedand would be permitted only in exceptional unavoidable circumstanceswith the concurrence of associate finance and shall be paid at 96 of therate awarded for that item in that particulars tender

(b) The variation in quantities as per the above formula will apply only to the Individualitems of the contract and not on the overall contract value

(c ) Execution of quantities beyond 150 of the overall agreemental value should not bepermitted and if found necessary should be only through fresh tenders or bynegotiating with existing contractor with prior personal concurrence of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

21

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

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22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

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23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

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24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

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25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

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26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

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33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

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34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

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38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 3: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Declaration

(a) IWe have downloaded the tender form from the Internet site wwwnfrly constructionorg and IWehave not tampered modified the tender forms in any manner In case if the same is found to betampered modified IWe understand that myour tender will be summarily rejected and full earnestmoney deposit will be forfeited and Iwe amare liable to be banned from doing business withRailways andor prosecuted

(b) I hereby declare that all the details as required to be furnished from our side to the Railways whileaccessing downloading the tender document from website have been furnished fully and correctly

(c) IWe submitting a demand draft no helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip dated helliphelliphelliphelliphellip

issued by helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for Rshelliphelliphelliphelliphelliphellip towards the cost of tender formCHECK LIST TO BE SUBMITTED BY THE TENDERER

S N DESCRIPTIONSUBMITTED COMPLIED NOTAPPLICABLE

AVAILABLEAT PAGE

1 COST OF TENDER DOCUMENT

2 EARNEST MONEY DEPOSIT

3MEMORANDUM OF UNDERSTANDING amp JV AGREEMENT

4 EFT FORM

5 TECHNICAL CREDENTIAL (35)

6 FINANCIAL CREDENTIAL (150)

7 LIST OF PLANT amp MACHINERIES

8 LIST OF TECHNICAL MANPOWER

9LIST OF WORK COMPLETED DURING LAST 5 YEARS

10 LIST OF WORKS IN HAND

11 LIST OF COURT amp ARBITRATION CASES PENDING

12 ORGANISATION CHART

13 PLANNING OF EXECUTION

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

3

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

14 COVERING LETTER

15 POWER OF ATTORNEY

16 SIGNATURE AT EACH PAGE

17 ATTESTATION OF CREDENTIALS

18 SUBMISSION OF ALL RATES IN FIGURES amp WORDS

19FULL COMMUNICATION ADDRESS WITH MOBILE NO OF CONTACT PERSON

20 BALLAST TEST CERTIFICATE helliphelliphellip helliphelliphellip

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

4

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

I N D E XS N DESCRIPTION

1 Notice Inviting Tender(i) Tender Document Issue Download Slip

2 Guidance To Tenderers(i) Signing of Tenders

(ii) Earnest Money

(iii) Execution of Contract Document

(iv) Negotiations With Tenderer(S)

(v) Preparation of Pert Chart

3 Additional Special Conditions Of Contract(i) Deviation

(ii) Inspection And Admission To Site

(iii) Quantities In Schedule And Their Variations

(iv) Taxes

(v) Programme And Completion Period

(vi) Extension Of Completion Date

(vii) Safety Measures

(viii) Taxes Security Deposit And Performance Guarantee

(ix) Price Variation Clause

(x) Maintenance Period

(xi) Settlement of Disputes

(xii) Deployment of Qualified Engineers

4 Important Annexures

5 Special Conditions of Contract (Technical)

6 Schedule of Rates

7 Top Sheet of Agreement

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

5

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NOTICE NODYCECONMLG2016JULY03 dtd20072016

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305m CompositeGirder with Deck slab) in continuation with redesigning of existing abutment 2 of Br No47 (2x457m SteelBridge + 122m composite Girder with Deck slab) and ROB (Bow string steel Girderof 30m clear span as perlatest RDSOrsquos drg) and both approaches) over existing level crossing NoST22 at Tetelia station yardincluding foundations Sub structure Bed Blocks inspection platform Bearing etc at tetelia ndash Byrnihat NewLine National Project

Forwarding Letter Detailing Salient feature of the tender proposal----------------------------------------------------------------------------------------------------------------------------- (Tenderer(s) should write their name and postal address themselves in case they are using documentdownloaded from internet)

Details of Demand DraftRailwayrsquos Money Receipt towards cost of tender document

DEMAND DRAFT Railwayrsquos Money Receipt No ____________________DATE __________

ISSUED BY _____________________________________________________ BANK

AMOUNT IN Rs __________________________________

DEMAND DRAFT Railwayrsquos Money Receipt No ____________________DATE __________

ISSUED BY ________________________ BANK CityTown ___________________________

AMOUNT IN Rs __________________________________

Name and Contact Numbers of Key Personnels----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

10 Sealed tenders have been invited for and on behalf of the President of India for the abovementioned work as per NIT

20 The tender document is hereby being issued to you on your request and on your havingdeposited the requisite cost of the tender document as per aforesaid details The document isbeing issued with further condition that you agree to abide by the conditions laid downhereinafter in the tender document before submitting your tender In case the tenderer has usedthe documents downloaded from the internet it is construed that the tenderer has agreed to asaforesaid

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

6

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

30 The tender document includes various chapters drawings and annexures as enclosed which areintegral parts of the tender documents

40 Detailed information of work and conditions may be seen in the Tender Document

50 JOINT VENTURE will not be permitted in this Tender

60 VALIDITY OF TENDER = 120 days from the date of opening of Tender70 The tender documents (not transferable) can be obtained from the offices of the (i) General

ManagerCon NF Railway Maligaon Guwahati ndash 11 (ii) DyChief EngineerConNFRailway Lumding amp (iii) DyChief EngineerCon NFRailway Alipuarduar Junctionduring office hours with effect from 29-07-2016 and upto 1100 hours of 18-08-2016 onpaymentsubmission of Crossed Demand Draft drawn in favour of Financial Adviser amp ChiefAccounts OfficerCon NF Railway Maligaon Outstation firms requiring tender document bypost shall remit the sum as specified above plus ` 500- extra per tender as postal charges toreach the office of General ManagerCon NF Railway Maligaon Guwahati - 781 011 latest by1430 hrs of 18-08-2016 Railway will not be responsible for any delay damage or loss oftender documents in transit

80 Tenders will be received by the offices mentioned against Note 7 above with effect from

29-07-2016 and upto 1430 hours of 18-08-2016 and will be opened on 23-08-2016 at 1100hours at the office of General ManagerCon NF Railway Maligaon Guwahati ndash781 011 Ifthe last date of receivingopening happens to be BundhHoliday(s) the tenders will beissuedreceivedopened on the following working day as per same timings

90 (a) The tender documents will also be available in Northeast Frontier Railway constructionwebsite in wwwnfrly constructionorg during the above mentioned period and same can bedown loaded and used as tender documents for submitting the offer However the DemandDraft for the amount equivalent to the cost of tender documents as mentioned above willhave to be enclosed while submitting the tender Otherwise the tender will be summarilyrejected

(b) Railway Administration will not be responsible for any delay difficulties inaccessibility ofthe down loading facility for any reason whatsoever In case of any discrepancy between thetender documents down loaded from internet and the master copy available in the officesmentioned in (9) above the latter shall prevail and will be binding on the tenderer(s) No claim onthis account will be entertained(c)

100 Earnest Money shall have to be deposited by all tenderers Tenders not accompanied byrequisite Earnest Money shall be summarily rejected The tenderer should furnish thedetails of postal address with PIN Code along with FAX No of concerned bank from whichEMD purchased

110 All documents being submitted by the tenderer(s) along with their offer shall have to beattested by the Gazetted Officer Moreover all the documents submitted by the tendereralong with the tender document must be self attested failing which document not bearingself attested signature of the tenderer will be treated null and void and will not be takeninto consideration while deciding the tender

90 (a) निविदा दसािवज भभ उपरयक अिधव कव दौराि wwwnfrly constructionorg म पपिरवोतर सभमारवलिव निमाण िवबसाइट म उपलबव हहोगा और उस दसािवज़ कहो डााउिलहोडा ककरा जा सका ह और निविदादसािवज कव रप म इस वमाल ककरा जा सका ह हालाकक जसा कक ऊपर उललवख निविदा दसािवजज कक लाग

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

7

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

कव बराबर राशि कव शिलए डडामाडा डाफट निविदा परस य कर व समर सलगि करिा हहोगा अनरथा निविदा सरसरीौर पर खाररज कर दिदरा जाएगा(b) रवल पर ासि ककसभ भभ कारण कव शिलए िभचव लहोडा हहो रहा ह सयविवा कव ककसभ भभ दवरी कदिििाइरज अपरापराकव शिलए जजममवदार िही हहोगा इटरिवट और इसकव बाद कव ससकरण 7 म िरण कारालरज म उपलबव मासटरककॉपभ सव डााउिलहोडा निविदा दसािवज कव बभच कहोई विसगन कव मामलव म बाद अशिभभािभ हहोगभ और निविदाकार(एस) पर बाधरकारी हहोगा इस खा व पर कहोई दािा मिहोरजि िही ककरा जाएगा

100 बरािा सभभ निविदाकाओ दिारा जमा ककरा जािा हहोगा उि अपवकषि बरािा राशि कव साथ िही कर रहवह निविदाए सरसरी ौर पर असिभकार कर दिदरा जाएगा निविदाकार EMD जहो खरीदी सव सबधव बक काफकस िबर कव साथ वपि कहोडा कव डााक प व का वििरण परस य करिा चादिहए

110 सभभ दसािवजज कहो अपिव परसाि कव साथ निविदाकार (एस) दिारा परस य ककरा जा रहा राजपतरिअधवकारी दिारा सतरावप ककरा जािा ह अथबा सि-अशिभपरमारण ककरा जािा ह अनरथा इसव बानल और पनर मािा जाएगा और निविदा निणर लव व समर धराि म िही शिलरा जाएगा

JOINT VENTURE (NOT APPLICABLE)

Signature of Tenderer (s)

Contractor (s)

for Dy Chief EngineerCon NFRailwayMaligaon

ldquo BE A PARTNER IN THE TURN AROUND OF INDIAN RAILWAYSrdquo

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

8

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

(FIRST SHEET)Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

From website by

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305m CompositeGirder with Deck slab) in continuation with redesigning of existing abutment 2 of Br No47 (2x457m SteelBridge + 122m composite Girder with Deck slab) and ROB (Bow string steel Girderof 30m clear span as perlatest RDSOrsquos drg) and both approaches) over existing level crossing NoST22 at Tetelia station yardincluding foundations Sub structure Bed Blocks inspection platform Bearing etc at tetelia ndash Byrnihat NewLine National Project

Approximate Cost (Tender Value) Rs94269600ToThe President of IndiaActing Through the Chief Engineer(Con)Northeast Frontier Railway MaligaonGuwahati ndash 781 0111 IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphave read the various

conditions to tender attached here to and hereby agree to abide by the said conditions IWealso agree to keep this tender open for acceptance for a period of 120 days from the date fixedfor opening the same and in default thereof IWe will be liable for forfeiture of myourldquoEarnest Moneyrdquo IWe offer to do the work at the rates quoted in the attached Schedules andhereby bind myselfourselves to complete the work in all respects within 30 days(One month) from the date of issue of letter of acceptance of the tender

2 IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip also hereby agree to abide bythe (i) N F Railway General Conditions of Contracts and Standard Special Conditions ofContracts 2013 (ii) Unified Standard Specifications (for Works amp Matrials) 2013 (iii)Special Conditions and Specifications attached with the tender amp (iv) Unified StandardSchedule of Rates (for Works and Materials) of Northeast Frontier Railway 2013 editioncorrected up to date

3 A sum of ` 1886000 is hereby forwarded as earnest money The full value of the earnestmoney shall stand forfeited without prejudice to any other rights or remedies if

(a) IWe do not do execute the contract documents within Seven days after receipt of notice issued by the Railway that such documents are ready or(b) IWe do not commence the work within Ten days after receipt of the orders

to this effect or(c ) IWe withdraw or modify myour offer within the validity date of the tender

4 Once the acceptance of the tender is communicated to us a legal and enforceable contract comes in tobeing If in accordance with the letter of the acceptance IWe fail to commence work within theperiod stipulated in the acceptance letter and fail to execute the formal agreement IWe shall beliable for breach of the contract and the consequences of breach of any of the conditions of thecontract shall entitle Railway Administration to have workjob executed at myour risk and cost andto claim extra costexpenditure sustained by the Railway AdministrationSignature of Witness1 Address

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

9

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 AddressNORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

(TENDER FORM SECOND SHEET)Regulations for the Guidance of Tenderers

The following documents shall form part of the contract -1 (a) Tender form -FIRST AND SECOND SHEET

(b) N F Railway General Conditions of Contracts and Standard Special Conditions of Contracts2013 (ii) Indian Railway Unified Standard Specification Volume I amp II 2013 edition andUSSOR Schedule of Rates (for Labours and Materials) of Northeast Frontier Railway 2013edition corrected up to date

(c) Additional Special Conditions of Contract

(d) Special Conditions and Special Specifications for the work

(e) Schedule of items and Approximate Quantities and Abstract of Schedule of items of works andestimated cost

(f) Agreement forms

(g) Drawings

(h) Indian Railway Engg Code 2012 latest Revised Edition

2 INSTRUCTIONS TO TENDERER(S)

A Each and every page of the tender documents (purchased downloaded) are to be signed by thetenderers under seal of the participating firmtenderer before submission If the tenderersisare a partnershipJV firm it shall be signed by the authorized partner of the firm only

(i) Incomplete tenders are liable to be rejected without further correspondence

(ii) If the Tenderer(s) fail to submit the Affidavit as prescribed above alongwith histheiroffer histheir offer shall be considered incomplete and will be rejected summarily

B (i) The drawings for the works can be seen in the office of theDyChief Engineer ConstructionNortheast Frontier Railway Maligaon Guwahati - 781 011 at any time during office hours

(ii) General Conditions of Contract Standard Special Conditions of Contract 2013 and (iii) IndianRailway Unified Standard Specification Volume I amp II 2013 edition and

(iii) USSOR Schedule of Rates (for Labours and Materials) of Northeast Frontier Railway 2013edition corrected up to date can be seen in the office of the Chief EngineerConNFRailway orcan be had on payment if available

(iv) The Tenderer(s)Contractor(s) have to quote rates in figures and wordspercentage abovebelowatpar rate only in the schedule The quantities in schedule of items of work are given inAnnexuremdash I as a guide and are approximate only and are subject to variation according to theneed during execution of the work The Railway accepts no responsibility for the accuracy TheRailway does not guarantee work under the items of the schedule

(v) All documents and entries in the tender shall be either type written or in ink and in English Tendercontaining erasures additions and alterations to the tender documents are liable to be rejectedAny correction made by the Tenderer(s) in his entries must be attested by him If rates expressed

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

10

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

in figures and words do not agree then the lower of the two rates will be taken into considerationand binding on the contractor

(vi) Rates should be quoted inclusive of sales tax or any other local tax royalty etc unless specified tothe contrary in the tender documents

C Tenderers should observe the highest standard of ethics while submitting the Tender Document

(a) Railways will disqualify tenderer(s) if they have made misleading or false representation inthe form statements and attachments submitted or indulges in fraudulent and corruptpractice

i) ldquoCorrupt practicerdquo means the offering giving receiving or soliciting of anything ofvalue to influence the action of a public official in the tendering process or incontract execution and

ii) ldquoFraudulent practicerdquo means a misrepresentation of facts in order to influence andevaluation process or the execution of a contract and includes collusive practicesamong Tenderers (prior to or after Tender submission) designed to establish bid pricesat artificial non-competitive levels and to deprive the clientrsquos free and opencompetitions

(b) Further Railways may declare a Tenderer ineligible for any Railways contract if it at anytime determines that the Tenderer has engaged in corrupt or fraudulent practices incompleting for or in executing a borrowed financed contract in general or defines for thepurpose of this provision the terms set forth below as follows

i) Records of poor performance during the last 5 years as on the date of submission oftender such as abandoning the work rescinding of contract for which the reasons areattributable to the non-performance of the contractor

ii) Inordinate delays in completion consistent history of litigation awarded against thetenderercontractor or any of its constituents or financial failure due to bankruptcyetc If the Contractor has worked in a Joint Venture the rescinding of contract of aJoint Venture on account of reasons other than non-performance such as MostExperienced Partner (Lead Partner) of Joint Venture pulling out

Or

iii) Been debarred (blacklisted) by any Government agencies as on the date ofapplication

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

11

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

D DECLARATION TO BE GIVEN BY THE TENDERER(S)

IWe _____________________________________________________ declare that

(a) We have examined and have no reservations to the Tender documents Documentsincluding Addenda issued

(b) We offer to execute the Works in conformity with the Tender Documents

(c) If our tender is accepted we commit to submit Security Deposit and PerformanceGuarantee in accordance with the tender Document within the time fixed

(d) If our tender is accepted we commit to deploy minimum key personnel and equipmentsconsistent with the stipulation in the Tender Document

(e) If our Tender is accepted we commit to submit work method statements for all majoractivities and get these approved from the engineer prior to commencing work on suchactivities We also understand that the work shall be executed as per the approved methodstatements without any deviations

(f) If our tender is accepted we commit to establish Testing Laboratory at the site of workwith minimum Testing equipments indicated in the Tender Document

(g) IWe amare not banned from doing business with Railways or any other MinistryDepartment of the Govt of India State Govt from participation in tenders contract on thedate of opening of bids either in individual capacity or the JV firm or partnership firm inwhich we wereare members partners

(h) IWe are not sister concernsallied partners who were individuals or firms or partners offirms banned from doing business with Railways

(i) IWe understand and agree that if IWe were found during consideration of the tender to bea firmindividual or sisterallied concern or any individual or firms or partner of firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and ban is still in force Earnest money deposit remitted by meus will beforfeited in full

(j) IWe understand that if IWe were found during the course of execution of work to be anindividual or firm or partner or firms or sisterallied concern of any individuals or firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and the ban is still in force myour security deposit and Performance Guaranteewill be forfeited in full

(k) IWe understand that if IWe are found to be individual or firm or partner of firm orsisterallied concern of any individuals or firms banned by the Ministry of Railways or anyother Ministry Govt Department from doing business during the consideration of tenderor during the execution of work IWe are liable to be banned from doing business forfurther periods to be specified by Railways

(l) IWe are satisfying the eligibility conditions mentioned in the tender and IWe haveenclosed attested copies of documents along with the tender in support of myour claim of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

12

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfying eligibility conditions IWe understand that IWe have to produce the originaldocuments if so demanded by the Railways IWe understand that if any of the documentswere found to be bogus myour earnest money deposit (before finalisation of tender)security deposit (after awarding work) will be forfeited in full and IWe are liable to bebanned from doing business with Railways for any period to be specified by the Railwaysand also liable for legal proceedings against meus

(m) IWe have submitted full details of work on hand and progress thereon IWe understandthat if the information furnished by meus were found to be false myour tender is liable tobe rejected and Earnest money deposit in full is liable to be forfeited If it is found to befalse at any stage IWe are liable to be banned from doing business with Railways for anyperiod to be specified by Railways and also liable for legal proceedings against meus

(n) We have not made any tempering or changes in the Bidding Documents on which the Bidis being submitted and if any tampering or changes are detected at any stage weunderstand that the Bid will summarily rejected and forfeiture of Bid Security thecontract will be liable to be terminated along with forfeiture of full amount of performancesecurity even if LOA has been issued and

(o) We understand that you are not bound to accept the lowest evaluated bid or any other bidthat you may receive

(p) Iwe are not sister concernsallied partners of firmrsquos who have been found guilty in anycriminal case in the past

Name helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign the Bid for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SIGNATURE amp ADDRESS OF WITNESSES TO THE SIGNATURE OF THETENDERER(S)

WITNESSES

1 Name Signature

Address Date

2 Name Signature

Address Date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

13

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

30 SIGNING OF TENDERS

The tendererContractor shall sign each and every page of the Tender document

Any individuals signing the Tender or other documents connected therewith should specifywhether he is signing

i) As Sole Proprietor of the concern or his Attorneyor

ii) As a Partner or Partners of the Firmor

iii) For the Firm per procuration or

iv) As a Director Manager or Secretary in the case of Limited Company

31 In the case of firms not registered under the Indian Partnership Act all the partners or theattorney duly authorised by all of them should sign the tender and all other connecteddocuments The original document empowering the individual or individuals to sign theoriginal partnership deed with registration certificates if any in case the tenderer(s) is a firmand the Memorandum and Articles of Association in case the tenderer(s) is a Companyshould be furnished to the purchaser for verification if required

40 EARNEST MONEY

41 The tenderer(s) is required to deposit ` 1886000 only as earnest money for theperformance of the tender who will keep the offer open for a period of 120 days from thedate fixed for opening of tender it being clearly understood that the tenderer(s) aftersubmitting his tender will not resile from his offer or modify the rates items and conditionsthereof failing which the aforesaid amount shall be liable to be forfeited by the Railway

42 The earnest money should be in cash or Bankerrsquos ChequesDemand Drafts in favourof FAampCAOCon NFRailway executed by State Bank of India or any of theNationalized Banks or by a Scheduled Bank

43 The Earnest Money when deposited in cash should be remitted to the DivisionalCashierCONNFRailway Maligaon Guwahati-11 and the receipt obtained there-fromshould be enclosed with the tender as a proof of the deposit of the requisite earnest money

44 Bankerrsquos ChequesDemand drafts from the State Bank of India or from any of theNationalised Banks or a Schedule Banks should be drawn in favour of ldquo FinancialAdvisor amp Chief Account OfficerCONN F RailwayMaligaonrdquo and endorsedldquoAccount Payeerdquo and valid at least upto the validity of tender offer No conformationadvise from the Reserve Bank of India will be necessary

45 A tender not accompanied with requisite earnest money in the requisite manner as aforesaidwill be summarily rejected

46 Earnest money shall not be acceptable in the shape of Bank Guarantee Bond

a) If any of these instruments are found to have been drawn in favour ofpayable tothe tenderer they would be invalid and the tender submitted would be summarilyrejected

b) The name of the tenderer (party) on whose account the DD has been issued is tobe mentioned by the Banker at an appropriate place on the instrument itself

c) Government securities (Stock Certificates Bearer Bonds Promissory Notes etc)and Guarantee bonds executed by banks will not be accepted towards earnest

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

14

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

money

47 In the event of tenderer(s) defaulting in not adhering to the conditions laid down in para41 the Railway Administration shall be entitled to forfeit the full amount of earnestmoney deposited along the tender without prejudice to any other remedy available to theRailway

48 No interest will be paid on earnest money The earnest money will be refunded to theunsuccessful tenderer(s) within a reasonable period of time The earnest moneydeposited by the successful tenderer(s) will be retained towards the security deposit forthe due and faithful fulfillment of the contract but shall be forfeited if the contractor failsto execute the agreement or start the work within time schedule vide clause 3(a) 3(b) amp3(c) of Tender Form (First sheet) or a reasonable time determined by the Engineer afternotification of the acceptance of histheir tender

49 Railway shall be entitled to forfeit the earnest money specified for the particular work ifthe tenderer(s) failsfail to execute the agreement or start the work within time as perclause 48

50 CREDENTIALS (Eligibility Criteria)

51 Eligibility Criteria WILL BE AS UNDER

(A) Technical Criteria Deleted

(B) Financial Capability

Tenderer should have sufficient financial capacitycapability amp past performance to carry out theabove works which will be investigated by theTender Committee at the time of recommendingfor awarding the work

52

Tender must be enclosed in sealed cover super-scribed with Tender No and must be sentby Regd postSpeed post to the address of Chief Engineer (Construction) NFRailway Maligaon Guwahati-781 011 so as to reach this office not later than 1430hrs on 18-08-2016 or can be deposited in the Special Boxes allotted for the purpose inthe offices mentioned in the TENDER NO TENDER NODYCECONTeteliaByrnihatPreparation of GAD201635 The boxes will be sealed at 1430 hrs of18-08-2016 The tender will be opened on 23-08-2016 at 1100 hrs at General Manager(Construction)NFRailway Maligaon`s Office The tenders which are received after thesealing of the tender box are liable to be rejected

53 Non-compliance with any conditions mentioned above is liable to result in the tenderbeing rejected

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

15

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

60 Acceptance of Tender

61 The authority for the acceptance of the tender will rest with General ManagerCONN FRailway Maligaon Chief EngineerCONMaligaon Dy Chief EngineerCon of fieldunits for and on behalf of President of India who does not bind himself to accept thelowest or any other tender nor does he undertake to assign reasons for declining toconsider any particular tender or tenders No tenderer(s) shall demand any explanationon the cause of rejection of histheir tender No correspondence will be entertained withthe tenderer(s) in respect of the rejection of any or all tenders

62 Tender documents submitted by the tenderer(s) shall become the property of Railway andthe Railway shall have no obligation to return the same The cost of Tender Document isnot refundable

63 If the tenderer(s) deliberately gives wrong information in his tender the Railway reservesthe right to reject such tender at any stage

64 If a tenderer(s) expires after the submission of his tender or after the acceptance of histender the Railway shall deem such tender as cancelled If a partner of tendering firmexpires after the submission of or after acceptance of their tender the Railway shall deemsuch tender as cancelled unless the firm retains its character

65 The accepting authority reserves the right to divide the tender amongst more than onetenderers if deemed necessary and also to reject any or all tenders received withoutassigning any reason and does not bind himself to accept the lowest or any other tender

66 Conditional discounts offered by the tenderers for coverage within a shorter periodfor early inspectionpayment etc shall not be considered for evaluation of tender

70 Execution of Contract document

71 The tenderer whose tender is accepted shall be required to appear in the office of theGeneral ManagerCon in person or if a firm or corporation a duly authorisedrepresentative shall so appear to execute the contract documents within seven days afternotice to do so Failure to comply shall constitute a breach of the agreement effected bythe acceptance of the tender in which case the full value of the earnest moneyaccompanying the tender shall stand forfeited without prejudice to any other rights orremedies

72 In the event of any tenderer whose tender is accepted refusing to execute the contractdocuments as therein before provided the Railway may determine that such tenderer hasabandoned the contract and thereupon his tender and the acceptance thereof shall betreated as cancelled amp the Rly shall be entitled to forfeit the full amount of the earnestmoney and to recover the liquidated damages for such default equivalent to the amount ofPerformance Gaurantee

73 The tenderer shall keep the offer open for a minimum period of 120 days from the date ofopening of the tender within which period the tenderer cannot withdraw his offer Thisperiod may be extended further if so required by mutual agreement between the partiesfrom time to time Any contravention of this condition will make the tenderer liable forforfeiture of this security deposit

74 Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or Administrative capacity

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

16

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

or whether holding a pensionable post or not in the Engineering Department of any of theRailway onward andor administered by the President of India for the time being orshould a tenderer being partnership firm have as one of its partners a retired Engineer or aretired Gazetted Officer or should a tenderer being incorporated company have any suchretired Engineer or retired officer as one of its directors or should a tenderer have in hisemployment any retired Engineer or retired Gazetted officer as aforesaid the fullinformation to the date of retirement of such Engineer or Gazetted officer from the saidservice and in case where such Engineer or Officer had not retired from Governmentservice at least two years prior to the date of the submission of this tender as to whetherpermission for taking such contract or if the contractor be a partnership firm or anincorporated company to be one a partner or Director as the case may be or to takeemployment under the contractor has been obtained by the tenderer from the Engineer orthe officer authorized by him in this behalf shall be clearly stated in writing at the time ofsubmitting the tender Tenderers without the information above referred to or a statementto the effect that no such retired Engineer or retired Gazetted officer is so associated withthe tenderer as the case may be shall be rejected

75 Should a tenderer or contractor have a relative employed in Gazetted capacity in anydepartment of the NFRailway or in the case of partnership firm or companyincorporated under the company Law should p partner or a relative of the partner or ashare holder or a relative of a share holder be employed in Gazetted capacity in anydepartment of the NFRailway the authority inviting tender shall be informed of the factat the time of submission of tenders failing which the tender may be rejected or if suchfact subsequently comes to light the contract may be rescinded in accordance with theprovisions in Clause 62 of the General Conditions of Contract A declaration form(proforma attached) to this effect should be signed and enclosed with the tender(Annexure-B)

76 The tenderers shall clearly specify whether the tender is submitted on his behalf or onbehalf of partnership concern If the tender is submitted on behalf of partnership concernhe should submit the certified copy of partnership deed along with the tender and powerof attorney to sign the tender documents on behalf of partnership concern If thesedocuments are not enclosed along with the tender documents the tender will be treated ashaving been submitted by the person signing the tender in his individual capacity

80 The Railway will not be bound by any power of attorney granted by the tenderer or bychanges in the composition of the firm made subsequent to the execution of the contractIt may however recognize such power of attorney and changes after obtaining properlegal advise the cost of which will be chargeable to the contractor

90 If the tenderer whether a sole proprietor limited company or a partnership firm wants toact through agents or individual partnerpartners should submit along with the tender orat a later stage a power of Attorney duly stamped and authenticated by a public notary orby a Magistrate in favour of the specific persons whether hethey be partnerpartners ofthe firm or any other persons specially authorizing himthem to submit the tender signthe agreement receive money witness measurement signs measurement book compromise delete relinquish any claim or claims preferred by firm and sign No claimcertificate and refer all or disputed items to arbitration

100 The Railway reserves the right to accept a tender in whole or in part or reject any tenderor all tenders without assigning reasons for any such action

110 Negotiations with tenderer(s)

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

17

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

The Railway reserve the right to hold negotiations with lowest who should be lowestvalid eligible and technically acceptable tenderer considered for award of contractdirectly if the rates were not unreasonably high

120 Inspection of site

Before submitting a tender the tenderers will be deemed to have satisfied himself byactual inspection of the site and locality of the works that all conditions liable to beencountered during the execution of the works are taken into account and that the rates hehas entered in Schedule of quantities and Rates of the tender document are adequateand all inclusive to accord with the provision of the general and special conditions ofcontract for the completion of the works to the entire satisfaction of the Engineer Noclaim shall be entertained from the contractor for making his own arrangements forapproached roads from outside Railway land and contractor will bear entire expensessuch as road taxes payment on right of way etc to outsiders

130 Examination of Documents

The submission of the tender shall be deemed to have been done after careful study andexamination of the tender document with full understanding of the implications thereofAny clarification required by a tenderer shall be obtained from the office inviting tenderson any working day

140 Tender documents are not transferable and cost of tender document is not refundable

150 Sequence of work

151 The contractor(s) shall comply with the order of engineer in charge in regard to thesequences of tackling and progressing component parts of works

160 Preparation of PERT Chart

161 The successful tenderer within 20 days after the contract is awarded will make out adetailed PERT Chart along with detailed programme chart based on accepted schemeindicating various stages of execution method of execution and completion of work indifferent stages keeping the period of completion in view and submit the same to theengineer for the consideration and approval The above programme shall be strictlyadhered to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

18

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

10 DEFINITION AND INTERPRETATIONS

In the Contract documents the following terms shall have the meanings herein assigned to themexcept where the contract otherwise requires

11 General Manager shall be the Officer in Administrative charge of the whole of the NortheastFrontier Railway and shall mean and include the General Manager of the successor Railway andGeneral Manager (Construction) of Northeast Frontier Railway

12 Engineer shall mean the Executive Engineer in executive charge of the work and shall includethe superior Officer of the Engineering Department of the Northeast Frontier Railway ie DeputyChief Engineer (Construction)Chief Engineer (Construction) and shall mean and include theEngineer of the successor Railway

13 Construction plant shall mean all plants machinery vehicles river vessels tools equipmentappliances or things of whatsoever nature required in or about execution completion ormaintenance of the works or temporary work but does not include materials or other thingsintended to or forming part of the permanent work

14 A Day shall mean a day of 24 hours from midnight to mid night irrespective of the number ofhours worked in that day

15 A Week shall mean seven days without regard to the number of hours worked on any day inthat week

16 A ldquoMonthrdquo shall mean Gregorian Calendar Month irrespective of the number of hours workedon any day in that month

20 GENERAL

21 The Additional Special Conditions of Contract along with the Schedule of Items andApproximate Quantities General amp Standard Special Conditions of Contract ndash 2013 along withdeletion list enclosed as Annexures and Indian Railway Unified Standard SpecificationVolume-I amp II 2013 editionUSSOR Schedule of Rates (For labour amp materials) of NortheastFrontier Railway 2010 edition corrected up to date and relevant drawings with suchamendments which may be published from time to time during contract period shall constituteContract Documents and the contractor shall satisfy himselfthemselves in every respect as tothe true intent and meaning of these contract documents and to the nature extent and quality ofthe work required to be executed as no claim whatsoever arising through any misunderstandingof the intention or the meaning of any of the terms or expressions in these contract documentsshall be entertained after the submission of the tender

22 The work shall be executed in conformity with the tender documents such as the General ampStandard Special Conditions of Contract - 2013 and Indian Railway Unified StandardSpecification Volume-I amp II 2013 edition corrected up-to-date and other documents as per Para1 of Tender Form (Second Sheet) together with such amendments as may be published from timeto time and read in conjunction with the Additional Special Conditions and Special

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

19

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Specifications attached

23 In these tender documents where there is any conflict between the Additional Special Conditionsand Special Specifications on the one hand and the General Conditions of Contract and StandardSpecial Conditions-2013 and Indian Railway Unified Standard Specification Volume-I amp II2010 edition on the other the former shall prevail

30 DEVIATION

31 A Schedule of DeletionAlterations to the Standard Special Conditions of Contract of NFRailway (Engg Deptt) -2013 is enclosed as Annexure-C The items listed as deleted inAnnexure-F shall not be applicable to the tendercontract In case of alteration the item asprovided for in the Annexure-F shall be applicable to the tendercontract

32 Unless specifically provided otherwise in the Tender any and all exceptions which the Tenderermay have to any of the clauses of the Standard Special Conditions of Contract or theadditional Special Conditions of Contract if any as included in the Tender shall be clearlystated in a statement annexed to the tender and identified as Annexure-D Such exception shallbe listed in the format specified under the title Schedule of Deviations If the Tenderer has noexceptions the annexure shall be submitted with a NIL statement If the contractor does notinclude the Annexure with the Tender it shall be conclusive evidence that the Standard SpecialConditions of Contract and the additional Special Conditions of Contract withdeletionsalterations if any are entirely acceptable to the Contractor

33 Any Deviations from the Standard Special Conditions of Contract and the additional SpecialConditions of Contract if any stated by the Tenderer in his tender shall be a part of the Contractonly to such extent as have been explicitly accepted by the Railway and incorporated in theContract

40 INTENT OF PLANS SPECIFICATION AND CONTRACT DOCUMENTS

41 The work to be carried out under this contract shall except as otherwise provided in theseconditions include all labour materials (except the materials to be supplied by Railway freeof cost) construction plant equipment and transport which may be required in preparation of andfor the full and entire execution and successful completion of the works The description given inthe Schedule of works shall unless otherwise stated be held to include carriage and cartagecarrying and hoisting setting fitting and fixing in position and all other labour necessary in andfor the full and entire execution and successful completion of the works as aforesaid inaccordance with good practice and recognized principles and any urgent and temporary worksfully contingent upon the works

50 INSPECTION AND ADMISSION TO SITE

51 The Contractor shall not be permitted to enter on (other than for inspection purpose) or takepossession of the site until instructed to do so by the Engineer in writing The portion of the siteto be occupied by the contractor shall be defined andor shown in the site plan or this shall beindicated by the Engineer and the contractor shall on no account be allowed to extend hisoperation beyond these areas The contractor shall not use or allow it to be used the site soallowed to him by the Railway for any purpose other than that of executing the work Thecontractor shall make his own arrangement at his own cost for any additional land required byhim for the purpose of execution of the work

52 The Contractor shall at his own cost provide if necessary or if required on the site all temporary

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

20

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

access thereto to the satisfaction of the Engineer and shall alter adopt and maintain the same asrequired from time to time and shall take up and clear them away as and when no longer requiredand make good all damage done to the site

53 The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed tohave satisfied himself about the nature and type of work including ancillary worksnecessary for satisfactory execution of work Site accessibility availability of requiredmaterials need of suitable rollers for compaction of earthwork drying and wetting of soilbefore compactions arrangement for the testing equipment for quality control ofearthwork and concrete etc must be kept in view while quoting the rates

60 MODIFICATION OF DRAWINGS

The Railway reserves the right to altermodify the drawingsdesign to suit the site conditions Ifdue to the change in drawings or designs there is any increase or decrease in quantities in theitems of the schedule payment shall be made only for the actual quantities executed at theaccepted rates If there is sufficient ground for granting extension of the date of completion onthis account the Railway will consider such request on the merits of each individual case Suchcircumstances shall in no way affect or vitiate the contract or alter the character thereof or entitlecontractor to damages or compensation thereof

70 QUANTITIES IN SCHEDULE AND THEIR VARIATIONS

The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts

71 Individual NS items in contracts shall be operated with variation of plus or minus 25 andpayment would be made as per the agreement rate For this no finance concurrence would berequired

72 In case an increase in quantity of an individual item by more than 25 of the agreement quantityis considered unavoidable the same shall be got executed by floating a fresh tender If floating afresh tender for operating that item is considered not practicable quantity of that item may beoperated 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 theapproval of an officer of the rank not less than SA Grade

(i) Quantities operated in excess of 125 but upto 140 of the agreementquantity of the concerned item shall be paid at 98 of the rate awardedfor that item in that particular tender

(ii) Quantities operated in excess of 140 but upto 150 of the agreementquantity of the concerned item shall be paid at 96 of the rate awarded forthat item in that particular tender

(iii) Variation in quantities of individual items beyond 150 will be prohibitedand would be permitted only in exceptional unavoidable circumstanceswith the concurrence of associate finance and shall be paid at 96 of therate awarded for that item in that particulars tender

(b) The variation in quantities as per the above formula will apply only to the Individualitems of the contract and not on the overall contract value

(c ) Execution of quantities beyond 150 of the overall agreemental value should not bepermitted and if found necessary should be only through fresh tenders or bynegotiating with existing contractor with prior personal concurrence of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

21

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

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22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

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23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

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24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

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25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

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26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

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28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

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whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

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33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

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34

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Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

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by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

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Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

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(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

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41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

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43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

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44

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2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 4: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

14 COVERING LETTER

15 POWER OF ATTORNEY

16 SIGNATURE AT EACH PAGE

17 ATTESTATION OF CREDENTIALS

18 SUBMISSION OF ALL RATES IN FIGURES amp WORDS

19FULL COMMUNICATION ADDRESS WITH MOBILE NO OF CONTACT PERSON

20 BALLAST TEST CERTIFICATE helliphelliphellip helliphelliphellip

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

4

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

I N D E XS N DESCRIPTION

1 Notice Inviting Tender(i) Tender Document Issue Download Slip

2 Guidance To Tenderers(i) Signing of Tenders

(ii) Earnest Money

(iii) Execution of Contract Document

(iv) Negotiations With Tenderer(S)

(v) Preparation of Pert Chart

3 Additional Special Conditions Of Contract(i) Deviation

(ii) Inspection And Admission To Site

(iii) Quantities In Schedule And Their Variations

(iv) Taxes

(v) Programme And Completion Period

(vi) Extension Of Completion Date

(vii) Safety Measures

(viii) Taxes Security Deposit And Performance Guarantee

(ix) Price Variation Clause

(x) Maintenance Period

(xi) Settlement of Disputes

(xii) Deployment of Qualified Engineers

4 Important Annexures

5 Special Conditions of Contract (Technical)

6 Schedule of Rates

7 Top Sheet of Agreement

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

5

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NOTICE NODYCECONMLG2016JULY03 dtd20072016

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305m CompositeGirder with Deck slab) in continuation with redesigning of existing abutment 2 of Br No47 (2x457m SteelBridge + 122m composite Girder with Deck slab) and ROB (Bow string steel Girderof 30m clear span as perlatest RDSOrsquos drg) and both approaches) over existing level crossing NoST22 at Tetelia station yardincluding foundations Sub structure Bed Blocks inspection platform Bearing etc at tetelia ndash Byrnihat NewLine National Project

Forwarding Letter Detailing Salient feature of the tender proposal----------------------------------------------------------------------------------------------------------------------------- (Tenderer(s) should write their name and postal address themselves in case they are using documentdownloaded from internet)

Details of Demand DraftRailwayrsquos Money Receipt towards cost of tender document

DEMAND DRAFT Railwayrsquos Money Receipt No ____________________DATE __________

ISSUED BY _____________________________________________________ BANK

AMOUNT IN Rs __________________________________

DEMAND DRAFT Railwayrsquos Money Receipt No ____________________DATE __________

ISSUED BY ________________________ BANK CityTown ___________________________

AMOUNT IN Rs __________________________________

Name and Contact Numbers of Key Personnels----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

10 Sealed tenders have been invited for and on behalf of the President of India for the abovementioned work as per NIT

20 The tender document is hereby being issued to you on your request and on your havingdeposited the requisite cost of the tender document as per aforesaid details The document isbeing issued with further condition that you agree to abide by the conditions laid downhereinafter in the tender document before submitting your tender In case the tenderer has usedthe documents downloaded from the internet it is construed that the tenderer has agreed to asaforesaid

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

6

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

30 The tender document includes various chapters drawings and annexures as enclosed which areintegral parts of the tender documents

40 Detailed information of work and conditions may be seen in the Tender Document

50 JOINT VENTURE will not be permitted in this Tender

60 VALIDITY OF TENDER = 120 days from the date of opening of Tender70 The tender documents (not transferable) can be obtained from the offices of the (i) General

ManagerCon NF Railway Maligaon Guwahati ndash 11 (ii) DyChief EngineerConNFRailway Lumding amp (iii) DyChief EngineerCon NFRailway Alipuarduar Junctionduring office hours with effect from 29-07-2016 and upto 1100 hours of 18-08-2016 onpaymentsubmission of Crossed Demand Draft drawn in favour of Financial Adviser amp ChiefAccounts OfficerCon NF Railway Maligaon Outstation firms requiring tender document bypost shall remit the sum as specified above plus ` 500- extra per tender as postal charges toreach the office of General ManagerCon NF Railway Maligaon Guwahati - 781 011 latest by1430 hrs of 18-08-2016 Railway will not be responsible for any delay damage or loss oftender documents in transit

80 Tenders will be received by the offices mentioned against Note 7 above with effect from

29-07-2016 and upto 1430 hours of 18-08-2016 and will be opened on 23-08-2016 at 1100hours at the office of General ManagerCon NF Railway Maligaon Guwahati ndash781 011 Ifthe last date of receivingopening happens to be BundhHoliday(s) the tenders will beissuedreceivedopened on the following working day as per same timings

90 (a) The tender documents will also be available in Northeast Frontier Railway constructionwebsite in wwwnfrly constructionorg during the above mentioned period and same can bedown loaded and used as tender documents for submitting the offer However the DemandDraft for the amount equivalent to the cost of tender documents as mentioned above willhave to be enclosed while submitting the tender Otherwise the tender will be summarilyrejected

(b) Railway Administration will not be responsible for any delay difficulties inaccessibility ofthe down loading facility for any reason whatsoever In case of any discrepancy between thetender documents down loaded from internet and the master copy available in the officesmentioned in (9) above the latter shall prevail and will be binding on the tenderer(s) No claim onthis account will be entertained(c)

100 Earnest Money shall have to be deposited by all tenderers Tenders not accompanied byrequisite Earnest Money shall be summarily rejected The tenderer should furnish thedetails of postal address with PIN Code along with FAX No of concerned bank from whichEMD purchased

110 All documents being submitted by the tenderer(s) along with their offer shall have to beattested by the Gazetted Officer Moreover all the documents submitted by the tendereralong with the tender document must be self attested failing which document not bearingself attested signature of the tenderer will be treated null and void and will not be takeninto consideration while deciding the tender

90 (a) निविदा दसािवज भभ उपरयक अिधव कव दौराि wwwnfrly constructionorg म पपिरवोतर सभमारवलिव निमाण िवबसाइट म उपलबव हहोगा और उस दसािवज़ कहो डााउिलहोडा ककरा जा सका ह और निविदादसािवज कव रप म इस वमाल ककरा जा सका ह हालाकक जसा कक ऊपर उललवख निविदा दसािवजज कक लाग

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

7

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

कव बराबर राशि कव शिलए डडामाडा डाफट निविदा परस य कर व समर सलगि करिा हहोगा अनरथा निविदा सरसरीौर पर खाररज कर दिदरा जाएगा(b) रवल पर ासि ककसभ भभ कारण कव शिलए िभचव लहोडा हहो रहा ह सयविवा कव ककसभ भभ दवरी कदिििाइरज अपरापराकव शिलए जजममवदार िही हहोगा इटरिवट और इसकव बाद कव ससकरण 7 म िरण कारालरज म उपलबव मासटरककॉपभ सव डााउिलहोडा निविदा दसािवज कव बभच कहोई विसगन कव मामलव म बाद अशिभभािभ हहोगभ और निविदाकार(एस) पर बाधरकारी हहोगा इस खा व पर कहोई दािा मिहोरजि िही ककरा जाएगा

100 बरािा सभभ निविदाकाओ दिारा जमा ककरा जािा हहोगा उि अपवकषि बरािा राशि कव साथ िही कर रहवह निविदाए सरसरी ौर पर असिभकार कर दिदरा जाएगा निविदाकार EMD जहो खरीदी सव सबधव बक काफकस िबर कव साथ वपि कहोडा कव डााक प व का वििरण परस य करिा चादिहए

110 सभभ दसािवजज कहो अपिव परसाि कव साथ निविदाकार (एस) दिारा परस य ककरा जा रहा राजपतरिअधवकारी दिारा सतरावप ककरा जािा ह अथबा सि-अशिभपरमारण ककरा जािा ह अनरथा इसव बानल और पनर मािा जाएगा और निविदा निणर लव व समर धराि म िही शिलरा जाएगा

JOINT VENTURE (NOT APPLICABLE)

Signature of Tenderer (s)

Contractor (s)

for Dy Chief EngineerCon NFRailwayMaligaon

ldquo BE A PARTNER IN THE TURN AROUND OF INDIAN RAILWAYSrdquo

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

8

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

(FIRST SHEET)Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

From website by

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305m CompositeGirder with Deck slab) in continuation with redesigning of existing abutment 2 of Br No47 (2x457m SteelBridge + 122m composite Girder with Deck slab) and ROB (Bow string steel Girderof 30m clear span as perlatest RDSOrsquos drg) and both approaches) over existing level crossing NoST22 at Tetelia station yardincluding foundations Sub structure Bed Blocks inspection platform Bearing etc at tetelia ndash Byrnihat NewLine National Project

Approximate Cost (Tender Value) Rs94269600ToThe President of IndiaActing Through the Chief Engineer(Con)Northeast Frontier Railway MaligaonGuwahati ndash 781 0111 IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphave read the various

conditions to tender attached here to and hereby agree to abide by the said conditions IWealso agree to keep this tender open for acceptance for a period of 120 days from the date fixedfor opening the same and in default thereof IWe will be liable for forfeiture of myourldquoEarnest Moneyrdquo IWe offer to do the work at the rates quoted in the attached Schedules andhereby bind myselfourselves to complete the work in all respects within 30 days(One month) from the date of issue of letter of acceptance of the tender

2 IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip also hereby agree to abide bythe (i) N F Railway General Conditions of Contracts and Standard Special Conditions ofContracts 2013 (ii) Unified Standard Specifications (for Works amp Matrials) 2013 (iii)Special Conditions and Specifications attached with the tender amp (iv) Unified StandardSchedule of Rates (for Works and Materials) of Northeast Frontier Railway 2013 editioncorrected up to date

3 A sum of ` 1886000 is hereby forwarded as earnest money The full value of the earnestmoney shall stand forfeited without prejudice to any other rights or remedies if

(a) IWe do not do execute the contract documents within Seven days after receipt of notice issued by the Railway that such documents are ready or(b) IWe do not commence the work within Ten days after receipt of the orders

to this effect or(c ) IWe withdraw or modify myour offer within the validity date of the tender

4 Once the acceptance of the tender is communicated to us a legal and enforceable contract comes in tobeing If in accordance with the letter of the acceptance IWe fail to commence work within theperiod stipulated in the acceptance letter and fail to execute the formal agreement IWe shall beliable for breach of the contract and the consequences of breach of any of the conditions of thecontract shall entitle Railway Administration to have workjob executed at myour risk and cost andto claim extra costexpenditure sustained by the Railway AdministrationSignature of Witness1 Address

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

9

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 AddressNORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

(TENDER FORM SECOND SHEET)Regulations for the Guidance of Tenderers

The following documents shall form part of the contract -1 (a) Tender form -FIRST AND SECOND SHEET

(b) N F Railway General Conditions of Contracts and Standard Special Conditions of Contracts2013 (ii) Indian Railway Unified Standard Specification Volume I amp II 2013 edition andUSSOR Schedule of Rates (for Labours and Materials) of Northeast Frontier Railway 2013edition corrected up to date

(c) Additional Special Conditions of Contract

(d) Special Conditions and Special Specifications for the work

(e) Schedule of items and Approximate Quantities and Abstract of Schedule of items of works andestimated cost

(f) Agreement forms

(g) Drawings

(h) Indian Railway Engg Code 2012 latest Revised Edition

2 INSTRUCTIONS TO TENDERER(S)

A Each and every page of the tender documents (purchased downloaded) are to be signed by thetenderers under seal of the participating firmtenderer before submission If the tenderersisare a partnershipJV firm it shall be signed by the authorized partner of the firm only

(i) Incomplete tenders are liable to be rejected without further correspondence

(ii) If the Tenderer(s) fail to submit the Affidavit as prescribed above alongwith histheiroffer histheir offer shall be considered incomplete and will be rejected summarily

B (i) The drawings for the works can be seen in the office of theDyChief Engineer ConstructionNortheast Frontier Railway Maligaon Guwahati - 781 011 at any time during office hours

(ii) General Conditions of Contract Standard Special Conditions of Contract 2013 and (iii) IndianRailway Unified Standard Specification Volume I amp II 2013 edition and

(iii) USSOR Schedule of Rates (for Labours and Materials) of Northeast Frontier Railway 2013edition corrected up to date can be seen in the office of the Chief EngineerConNFRailway orcan be had on payment if available

(iv) The Tenderer(s)Contractor(s) have to quote rates in figures and wordspercentage abovebelowatpar rate only in the schedule The quantities in schedule of items of work are given inAnnexuremdash I as a guide and are approximate only and are subject to variation according to theneed during execution of the work The Railway accepts no responsibility for the accuracy TheRailway does not guarantee work under the items of the schedule

(v) All documents and entries in the tender shall be either type written or in ink and in English Tendercontaining erasures additions and alterations to the tender documents are liable to be rejectedAny correction made by the Tenderer(s) in his entries must be attested by him If rates expressed

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

10

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

in figures and words do not agree then the lower of the two rates will be taken into considerationand binding on the contractor

(vi) Rates should be quoted inclusive of sales tax or any other local tax royalty etc unless specified tothe contrary in the tender documents

C Tenderers should observe the highest standard of ethics while submitting the Tender Document

(a) Railways will disqualify tenderer(s) if they have made misleading or false representation inthe form statements and attachments submitted or indulges in fraudulent and corruptpractice

i) ldquoCorrupt practicerdquo means the offering giving receiving or soliciting of anything ofvalue to influence the action of a public official in the tendering process or incontract execution and

ii) ldquoFraudulent practicerdquo means a misrepresentation of facts in order to influence andevaluation process or the execution of a contract and includes collusive practicesamong Tenderers (prior to or after Tender submission) designed to establish bid pricesat artificial non-competitive levels and to deprive the clientrsquos free and opencompetitions

(b) Further Railways may declare a Tenderer ineligible for any Railways contract if it at anytime determines that the Tenderer has engaged in corrupt or fraudulent practices incompleting for or in executing a borrowed financed contract in general or defines for thepurpose of this provision the terms set forth below as follows

i) Records of poor performance during the last 5 years as on the date of submission oftender such as abandoning the work rescinding of contract for which the reasons areattributable to the non-performance of the contractor

ii) Inordinate delays in completion consistent history of litigation awarded against thetenderercontractor or any of its constituents or financial failure due to bankruptcyetc If the Contractor has worked in a Joint Venture the rescinding of contract of aJoint Venture on account of reasons other than non-performance such as MostExperienced Partner (Lead Partner) of Joint Venture pulling out

Or

iii) Been debarred (blacklisted) by any Government agencies as on the date ofapplication

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

11

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

D DECLARATION TO BE GIVEN BY THE TENDERER(S)

IWe _____________________________________________________ declare that

(a) We have examined and have no reservations to the Tender documents Documentsincluding Addenda issued

(b) We offer to execute the Works in conformity with the Tender Documents

(c) If our tender is accepted we commit to submit Security Deposit and PerformanceGuarantee in accordance with the tender Document within the time fixed

(d) If our tender is accepted we commit to deploy minimum key personnel and equipmentsconsistent with the stipulation in the Tender Document

(e) If our Tender is accepted we commit to submit work method statements for all majoractivities and get these approved from the engineer prior to commencing work on suchactivities We also understand that the work shall be executed as per the approved methodstatements without any deviations

(f) If our tender is accepted we commit to establish Testing Laboratory at the site of workwith minimum Testing equipments indicated in the Tender Document

(g) IWe amare not banned from doing business with Railways or any other MinistryDepartment of the Govt of India State Govt from participation in tenders contract on thedate of opening of bids either in individual capacity or the JV firm or partnership firm inwhich we wereare members partners

(h) IWe are not sister concernsallied partners who were individuals or firms or partners offirms banned from doing business with Railways

(i) IWe understand and agree that if IWe were found during consideration of the tender to bea firmindividual or sisterallied concern or any individual or firms or partner of firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and ban is still in force Earnest money deposit remitted by meus will beforfeited in full

(j) IWe understand that if IWe were found during the course of execution of work to be anindividual or firm or partner or firms or sisterallied concern of any individuals or firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and the ban is still in force myour security deposit and Performance Guaranteewill be forfeited in full

(k) IWe understand that if IWe are found to be individual or firm or partner of firm orsisterallied concern of any individuals or firms banned by the Ministry of Railways or anyother Ministry Govt Department from doing business during the consideration of tenderor during the execution of work IWe are liable to be banned from doing business forfurther periods to be specified by Railways

(l) IWe are satisfying the eligibility conditions mentioned in the tender and IWe haveenclosed attested copies of documents along with the tender in support of myour claim of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

12

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfying eligibility conditions IWe understand that IWe have to produce the originaldocuments if so demanded by the Railways IWe understand that if any of the documentswere found to be bogus myour earnest money deposit (before finalisation of tender)security deposit (after awarding work) will be forfeited in full and IWe are liable to bebanned from doing business with Railways for any period to be specified by the Railwaysand also liable for legal proceedings against meus

(m) IWe have submitted full details of work on hand and progress thereon IWe understandthat if the information furnished by meus were found to be false myour tender is liable tobe rejected and Earnest money deposit in full is liable to be forfeited If it is found to befalse at any stage IWe are liable to be banned from doing business with Railways for anyperiod to be specified by Railways and also liable for legal proceedings against meus

(n) We have not made any tempering or changes in the Bidding Documents on which the Bidis being submitted and if any tampering or changes are detected at any stage weunderstand that the Bid will summarily rejected and forfeiture of Bid Security thecontract will be liable to be terminated along with forfeiture of full amount of performancesecurity even if LOA has been issued and

(o) We understand that you are not bound to accept the lowest evaluated bid or any other bidthat you may receive

(p) Iwe are not sister concernsallied partners of firmrsquos who have been found guilty in anycriminal case in the past

Name helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign the Bid for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SIGNATURE amp ADDRESS OF WITNESSES TO THE SIGNATURE OF THETENDERER(S)

WITNESSES

1 Name Signature

Address Date

2 Name Signature

Address Date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

13

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

30 SIGNING OF TENDERS

The tendererContractor shall sign each and every page of the Tender document

Any individuals signing the Tender or other documents connected therewith should specifywhether he is signing

i) As Sole Proprietor of the concern or his Attorneyor

ii) As a Partner or Partners of the Firmor

iii) For the Firm per procuration or

iv) As a Director Manager or Secretary in the case of Limited Company

31 In the case of firms not registered under the Indian Partnership Act all the partners or theattorney duly authorised by all of them should sign the tender and all other connecteddocuments The original document empowering the individual or individuals to sign theoriginal partnership deed with registration certificates if any in case the tenderer(s) is a firmand the Memorandum and Articles of Association in case the tenderer(s) is a Companyshould be furnished to the purchaser for verification if required

40 EARNEST MONEY

41 The tenderer(s) is required to deposit ` 1886000 only as earnest money for theperformance of the tender who will keep the offer open for a period of 120 days from thedate fixed for opening of tender it being clearly understood that the tenderer(s) aftersubmitting his tender will not resile from his offer or modify the rates items and conditionsthereof failing which the aforesaid amount shall be liable to be forfeited by the Railway

42 The earnest money should be in cash or Bankerrsquos ChequesDemand Drafts in favourof FAampCAOCon NFRailway executed by State Bank of India or any of theNationalized Banks or by a Scheduled Bank

43 The Earnest Money when deposited in cash should be remitted to the DivisionalCashierCONNFRailway Maligaon Guwahati-11 and the receipt obtained there-fromshould be enclosed with the tender as a proof of the deposit of the requisite earnest money

44 Bankerrsquos ChequesDemand drafts from the State Bank of India or from any of theNationalised Banks or a Schedule Banks should be drawn in favour of ldquo FinancialAdvisor amp Chief Account OfficerCONN F RailwayMaligaonrdquo and endorsedldquoAccount Payeerdquo and valid at least upto the validity of tender offer No conformationadvise from the Reserve Bank of India will be necessary

45 A tender not accompanied with requisite earnest money in the requisite manner as aforesaidwill be summarily rejected

46 Earnest money shall not be acceptable in the shape of Bank Guarantee Bond

a) If any of these instruments are found to have been drawn in favour ofpayable tothe tenderer they would be invalid and the tender submitted would be summarilyrejected

b) The name of the tenderer (party) on whose account the DD has been issued is tobe mentioned by the Banker at an appropriate place on the instrument itself

c) Government securities (Stock Certificates Bearer Bonds Promissory Notes etc)and Guarantee bonds executed by banks will not be accepted towards earnest

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

14

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

money

47 In the event of tenderer(s) defaulting in not adhering to the conditions laid down in para41 the Railway Administration shall be entitled to forfeit the full amount of earnestmoney deposited along the tender without prejudice to any other remedy available to theRailway

48 No interest will be paid on earnest money The earnest money will be refunded to theunsuccessful tenderer(s) within a reasonable period of time The earnest moneydeposited by the successful tenderer(s) will be retained towards the security deposit forthe due and faithful fulfillment of the contract but shall be forfeited if the contractor failsto execute the agreement or start the work within time schedule vide clause 3(a) 3(b) amp3(c) of Tender Form (First sheet) or a reasonable time determined by the Engineer afternotification of the acceptance of histheir tender

49 Railway shall be entitled to forfeit the earnest money specified for the particular work ifthe tenderer(s) failsfail to execute the agreement or start the work within time as perclause 48

50 CREDENTIALS (Eligibility Criteria)

51 Eligibility Criteria WILL BE AS UNDER

(A) Technical Criteria Deleted

(B) Financial Capability

Tenderer should have sufficient financial capacitycapability amp past performance to carry out theabove works which will be investigated by theTender Committee at the time of recommendingfor awarding the work

52

Tender must be enclosed in sealed cover super-scribed with Tender No and must be sentby Regd postSpeed post to the address of Chief Engineer (Construction) NFRailway Maligaon Guwahati-781 011 so as to reach this office not later than 1430hrs on 18-08-2016 or can be deposited in the Special Boxes allotted for the purpose inthe offices mentioned in the TENDER NO TENDER NODYCECONTeteliaByrnihatPreparation of GAD201635 The boxes will be sealed at 1430 hrs of18-08-2016 The tender will be opened on 23-08-2016 at 1100 hrs at General Manager(Construction)NFRailway Maligaon`s Office The tenders which are received after thesealing of the tender box are liable to be rejected

53 Non-compliance with any conditions mentioned above is liable to result in the tenderbeing rejected

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

15

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

60 Acceptance of Tender

61 The authority for the acceptance of the tender will rest with General ManagerCONN FRailway Maligaon Chief EngineerCONMaligaon Dy Chief EngineerCon of fieldunits for and on behalf of President of India who does not bind himself to accept thelowest or any other tender nor does he undertake to assign reasons for declining toconsider any particular tender or tenders No tenderer(s) shall demand any explanationon the cause of rejection of histheir tender No correspondence will be entertained withthe tenderer(s) in respect of the rejection of any or all tenders

62 Tender documents submitted by the tenderer(s) shall become the property of Railway andthe Railway shall have no obligation to return the same The cost of Tender Document isnot refundable

63 If the tenderer(s) deliberately gives wrong information in his tender the Railway reservesthe right to reject such tender at any stage

64 If a tenderer(s) expires after the submission of his tender or after the acceptance of histender the Railway shall deem such tender as cancelled If a partner of tendering firmexpires after the submission of or after acceptance of their tender the Railway shall deemsuch tender as cancelled unless the firm retains its character

65 The accepting authority reserves the right to divide the tender amongst more than onetenderers if deemed necessary and also to reject any or all tenders received withoutassigning any reason and does not bind himself to accept the lowest or any other tender

66 Conditional discounts offered by the tenderers for coverage within a shorter periodfor early inspectionpayment etc shall not be considered for evaluation of tender

70 Execution of Contract document

71 The tenderer whose tender is accepted shall be required to appear in the office of theGeneral ManagerCon in person or if a firm or corporation a duly authorisedrepresentative shall so appear to execute the contract documents within seven days afternotice to do so Failure to comply shall constitute a breach of the agreement effected bythe acceptance of the tender in which case the full value of the earnest moneyaccompanying the tender shall stand forfeited without prejudice to any other rights orremedies

72 In the event of any tenderer whose tender is accepted refusing to execute the contractdocuments as therein before provided the Railway may determine that such tenderer hasabandoned the contract and thereupon his tender and the acceptance thereof shall betreated as cancelled amp the Rly shall be entitled to forfeit the full amount of the earnestmoney and to recover the liquidated damages for such default equivalent to the amount ofPerformance Gaurantee

73 The tenderer shall keep the offer open for a minimum period of 120 days from the date ofopening of the tender within which period the tenderer cannot withdraw his offer Thisperiod may be extended further if so required by mutual agreement between the partiesfrom time to time Any contravention of this condition will make the tenderer liable forforfeiture of this security deposit

74 Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or Administrative capacity

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

16

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

or whether holding a pensionable post or not in the Engineering Department of any of theRailway onward andor administered by the President of India for the time being orshould a tenderer being partnership firm have as one of its partners a retired Engineer or aretired Gazetted Officer or should a tenderer being incorporated company have any suchretired Engineer or retired officer as one of its directors or should a tenderer have in hisemployment any retired Engineer or retired Gazetted officer as aforesaid the fullinformation to the date of retirement of such Engineer or Gazetted officer from the saidservice and in case where such Engineer or Officer had not retired from Governmentservice at least two years prior to the date of the submission of this tender as to whetherpermission for taking such contract or if the contractor be a partnership firm or anincorporated company to be one a partner or Director as the case may be or to takeemployment under the contractor has been obtained by the tenderer from the Engineer orthe officer authorized by him in this behalf shall be clearly stated in writing at the time ofsubmitting the tender Tenderers without the information above referred to or a statementto the effect that no such retired Engineer or retired Gazetted officer is so associated withthe tenderer as the case may be shall be rejected

75 Should a tenderer or contractor have a relative employed in Gazetted capacity in anydepartment of the NFRailway or in the case of partnership firm or companyincorporated under the company Law should p partner or a relative of the partner or ashare holder or a relative of a share holder be employed in Gazetted capacity in anydepartment of the NFRailway the authority inviting tender shall be informed of the factat the time of submission of tenders failing which the tender may be rejected or if suchfact subsequently comes to light the contract may be rescinded in accordance with theprovisions in Clause 62 of the General Conditions of Contract A declaration form(proforma attached) to this effect should be signed and enclosed with the tender(Annexure-B)

76 The tenderers shall clearly specify whether the tender is submitted on his behalf or onbehalf of partnership concern If the tender is submitted on behalf of partnership concernhe should submit the certified copy of partnership deed along with the tender and powerof attorney to sign the tender documents on behalf of partnership concern If thesedocuments are not enclosed along with the tender documents the tender will be treated ashaving been submitted by the person signing the tender in his individual capacity

80 The Railway will not be bound by any power of attorney granted by the tenderer or bychanges in the composition of the firm made subsequent to the execution of the contractIt may however recognize such power of attorney and changes after obtaining properlegal advise the cost of which will be chargeable to the contractor

90 If the tenderer whether a sole proprietor limited company or a partnership firm wants toact through agents or individual partnerpartners should submit along with the tender orat a later stage a power of Attorney duly stamped and authenticated by a public notary orby a Magistrate in favour of the specific persons whether hethey be partnerpartners ofthe firm or any other persons specially authorizing himthem to submit the tender signthe agreement receive money witness measurement signs measurement book compromise delete relinquish any claim or claims preferred by firm and sign No claimcertificate and refer all or disputed items to arbitration

100 The Railway reserves the right to accept a tender in whole or in part or reject any tenderor all tenders without assigning reasons for any such action

110 Negotiations with tenderer(s)

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17

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

The Railway reserve the right to hold negotiations with lowest who should be lowestvalid eligible and technically acceptable tenderer considered for award of contractdirectly if the rates were not unreasonably high

120 Inspection of site

Before submitting a tender the tenderers will be deemed to have satisfied himself byactual inspection of the site and locality of the works that all conditions liable to beencountered during the execution of the works are taken into account and that the rates hehas entered in Schedule of quantities and Rates of the tender document are adequateand all inclusive to accord with the provision of the general and special conditions ofcontract for the completion of the works to the entire satisfaction of the Engineer Noclaim shall be entertained from the contractor for making his own arrangements forapproached roads from outside Railway land and contractor will bear entire expensessuch as road taxes payment on right of way etc to outsiders

130 Examination of Documents

The submission of the tender shall be deemed to have been done after careful study andexamination of the tender document with full understanding of the implications thereofAny clarification required by a tenderer shall be obtained from the office inviting tenderson any working day

140 Tender documents are not transferable and cost of tender document is not refundable

150 Sequence of work

151 The contractor(s) shall comply with the order of engineer in charge in regard to thesequences of tackling and progressing component parts of works

160 Preparation of PERT Chart

161 The successful tenderer within 20 days after the contract is awarded will make out adetailed PERT Chart along with detailed programme chart based on accepted schemeindicating various stages of execution method of execution and completion of work indifferent stages keeping the period of completion in view and submit the same to theengineer for the consideration and approval The above programme shall be strictlyadhered to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

18

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

10 DEFINITION AND INTERPRETATIONS

In the Contract documents the following terms shall have the meanings herein assigned to themexcept where the contract otherwise requires

11 General Manager shall be the Officer in Administrative charge of the whole of the NortheastFrontier Railway and shall mean and include the General Manager of the successor Railway andGeneral Manager (Construction) of Northeast Frontier Railway

12 Engineer shall mean the Executive Engineer in executive charge of the work and shall includethe superior Officer of the Engineering Department of the Northeast Frontier Railway ie DeputyChief Engineer (Construction)Chief Engineer (Construction) and shall mean and include theEngineer of the successor Railway

13 Construction plant shall mean all plants machinery vehicles river vessels tools equipmentappliances or things of whatsoever nature required in or about execution completion ormaintenance of the works or temporary work but does not include materials or other thingsintended to or forming part of the permanent work

14 A Day shall mean a day of 24 hours from midnight to mid night irrespective of the number ofhours worked in that day

15 A Week shall mean seven days without regard to the number of hours worked on any day inthat week

16 A ldquoMonthrdquo shall mean Gregorian Calendar Month irrespective of the number of hours workedon any day in that month

20 GENERAL

21 The Additional Special Conditions of Contract along with the Schedule of Items andApproximate Quantities General amp Standard Special Conditions of Contract ndash 2013 along withdeletion list enclosed as Annexures and Indian Railway Unified Standard SpecificationVolume-I amp II 2013 editionUSSOR Schedule of Rates (For labour amp materials) of NortheastFrontier Railway 2010 edition corrected up to date and relevant drawings with suchamendments which may be published from time to time during contract period shall constituteContract Documents and the contractor shall satisfy himselfthemselves in every respect as tothe true intent and meaning of these contract documents and to the nature extent and quality ofthe work required to be executed as no claim whatsoever arising through any misunderstandingof the intention or the meaning of any of the terms or expressions in these contract documentsshall be entertained after the submission of the tender

22 The work shall be executed in conformity with the tender documents such as the General ampStandard Special Conditions of Contract - 2013 and Indian Railway Unified StandardSpecification Volume-I amp II 2013 edition corrected up-to-date and other documents as per Para1 of Tender Form (Second Sheet) together with such amendments as may be published from timeto time and read in conjunction with the Additional Special Conditions and Special

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

19

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Specifications attached

23 In these tender documents where there is any conflict between the Additional Special Conditionsand Special Specifications on the one hand and the General Conditions of Contract and StandardSpecial Conditions-2013 and Indian Railway Unified Standard Specification Volume-I amp II2010 edition on the other the former shall prevail

30 DEVIATION

31 A Schedule of DeletionAlterations to the Standard Special Conditions of Contract of NFRailway (Engg Deptt) -2013 is enclosed as Annexure-C The items listed as deleted inAnnexure-F shall not be applicable to the tendercontract In case of alteration the item asprovided for in the Annexure-F shall be applicable to the tendercontract

32 Unless specifically provided otherwise in the Tender any and all exceptions which the Tenderermay have to any of the clauses of the Standard Special Conditions of Contract or theadditional Special Conditions of Contract if any as included in the Tender shall be clearlystated in a statement annexed to the tender and identified as Annexure-D Such exception shallbe listed in the format specified under the title Schedule of Deviations If the Tenderer has noexceptions the annexure shall be submitted with a NIL statement If the contractor does notinclude the Annexure with the Tender it shall be conclusive evidence that the Standard SpecialConditions of Contract and the additional Special Conditions of Contract withdeletionsalterations if any are entirely acceptable to the Contractor

33 Any Deviations from the Standard Special Conditions of Contract and the additional SpecialConditions of Contract if any stated by the Tenderer in his tender shall be a part of the Contractonly to such extent as have been explicitly accepted by the Railway and incorporated in theContract

40 INTENT OF PLANS SPECIFICATION AND CONTRACT DOCUMENTS

41 The work to be carried out under this contract shall except as otherwise provided in theseconditions include all labour materials (except the materials to be supplied by Railway freeof cost) construction plant equipment and transport which may be required in preparation of andfor the full and entire execution and successful completion of the works The description given inthe Schedule of works shall unless otherwise stated be held to include carriage and cartagecarrying and hoisting setting fitting and fixing in position and all other labour necessary in andfor the full and entire execution and successful completion of the works as aforesaid inaccordance with good practice and recognized principles and any urgent and temporary worksfully contingent upon the works

50 INSPECTION AND ADMISSION TO SITE

51 The Contractor shall not be permitted to enter on (other than for inspection purpose) or takepossession of the site until instructed to do so by the Engineer in writing The portion of the siteto be occupied by the contractor shall be defined andor shown in the site plan or this shall beindicated by the Engineer and the contractor shall on no account be allowed to extend hisoperation beyond these areas The contractor shall not use or allow it to be used the site soallowed to him by the Railway for any purpose other than that of executing the work Thecontractor shall make his own arrangement at his own cost for any additional land required byhim for the purpose of execution of the work

52 The Contractor shall at his own cost provide if necessary or if required on the site all temporary

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20

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

access thereto to the satisfaction of the Engineer and shall alter adopt and maintain the same asrequired from time to time and shall take up and clear them away as and when no longer requiredand make good all damage done to the site

53 The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed tohave satisfied himself about the nature and type of work including ancillary worksnecessary for satisfactory execution of work Site accessibility availability of requiredmaterials need of suitable rollers for compaction of earthwork drying and wetting of soilbefore compactions arrangement for the testing equipment for quality control ofearthwork and concrete etc must be kept in view while quoting the rates

60 MODIFICATION OF DRAWINGS

The Railway reserves the right to altermodify the drawingsdesign to suit the site conditions Ifdue to the change in drawings or designs there is any increase or decrease in quantities in theitems of the schedule payment shall be made only for the actual quantities executed at theaccepted rates If there is sufficient ground for granting extension of the date of completion onthis account the Railway will consider such request on the merits of each individual case Suchcircumstances shall in no way affect or vitiate the contract or alter the character thereof or entitlecontractor to damages or compensation thereof

70 QUANTITIES IN SCHEDULE AND THEIR VARIATIONS

The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts

71 Individual NS items in contracts shall be operated with variation of plus or minus 25 andpayment would be made as per the agreement rate For this no finance concurrence would berequired

72 In case an increase in quantity of an individual item by more than 25 of the agreement quantityis considered unavoidable the same shall be got executed by floating a fresh tender If floating afresh tender for operating that item is considered not practicable quantity of that item may beoperated 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 theapproval of an officer of the rank not less than SA Grade

(i) Quantities operated in excess of 125 but upto 140 of the agreementquantity of the concerned item shall be paid at 98 of the rate awardedfor that item in that particular tender

(ii) Quantities operated in excess of 140 but upto 150 of the agreementquantity of the concerned item shall be paid at 96 of the rate awarded forthat item in that particular tender

(iii) Variation in quantities of individual items beyond 150 will be prohibitedand would be permitted only in exceptional unavoidable circumstanceswith the concurrence of associate finance and shall be paid at 96 of therate awarded for that item in that particulars tender

(b) The variation in quantities as per the above formula will apply only to the Individualitems of the contract and not on the overall contract value

(c ) Execution of quantities beyond 150 of the overall agreemental value should not bepermitted and if found necessary should be only through fresh tenders or bynegotiating with existing contractor with prior personal concurrence of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

21

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

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24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

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25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

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26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

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28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 5: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

I N D E XS N DESCRIPTION

1 Notice Inviting Tender(i) Tender Document Issue Download Slip

2 Guidance To Tenderers(i) Signing of Tenders

(ii) Earnest Money

(iii) Execution of Contract Document

(iv) Negotiations With Tenderer(S)

(v) Preparation of Pert Chart

3 Additional Special Conditions Of Contract(i) Deviation

(ii) Inspection And Admission To Site

(iii) Quantities In Schedule And Their Variations

(iv) Taxes

(v) Programme And Completion Period

(vi) Extension Of Completion Date

(vii) Safety Measures

(viii) Taxes Security Deposit And Performance Guarantee

(ix) Price Variation Clause

(x) Maintenance Period

(xi) Settlement of Disputes

(xii) Deployment of Qualified Engineers

4 Important Annexures

5 Special Conditions of Contract (Technical)

6 Schedule of Rates

7 Top Sheet of Agreement

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

5

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NOTICE NODYCECONMLG2016JULY03 dtd20072016

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305m CompositeGirder with Deck slab) in continuation with redesigning of existing abutment 2 of Br No47 (2x457m SteelBridge + 122m composite Girder with Deck slab) and ROB (Bow string steel Girderof 30m clear span as perlatest RDSOrsquos drg) and both approaches) over existing level crossing NoST22 at Tetelia station yardincluding foundations Sub structure Bed Blocks inspection platform Bearing etc at tetelia ndash Byrnihat NewLine National Project

Forwarding Letter Detailing Salient feature of the tender proposal----------------------------------------------------------------------------------------------------------------------------- (Tenderer(s) should write their name and postal address themselves in case they are using documentdownloaded from internet)

Details of Demand DraftRailwayrsquos Money Receipt towards cost of tender document

DEMAND DRAFT Railwayrsquos Money Receipt No ____________________DATE __________

ISSUED BY _____________________________________________________ BANK

AMOUNT IN Rs __________________________________

DEMAND DRAFT Railwayrsquos Money Receipt No ____________________DATE __________

ISSUED BY ________________________ BANK CityTown ___________________________

AMOUNT IN Rs __________________________________

Name and Contact Numbers of Key Personnels----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

10 Sealed tenders have been invited for and on behalf of the President of India for the abovementioned work as per NIT

20 The tender document is hereby being issued to you on your request and on your havingdeposited the requisite cost of the tender document as per aforesaid details The document isbeing issued with further condition that you agree to abide by the conditions laid downhereinafter in the tender document before submitting your tender In case the tenderer has usedthe documents downloaded from the internet it is construed that the tenderer has agreed to asaforesaid

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

6

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

30 The tender document includes various chapters drawings and annexures as enclosed which areintegral parts of the tender documents

40 Detailed information of work and conditions may be seen in the Tender Document

50 JOINT VENTURE will not be permitted in this Tender

60 VALIDITY OF TENDER = 120 days from the date of opening of Tender70 The tender documents (not transferable) can be obtained from the offices of the (i) General

ManagerCon NF Railway Maligaon Guwahati ndash 11 (ii) DyChief EngineerConNFRailway Lumding amp (iii) DyChief EngineerCon NFRailway Alipuarduar Junctionduring office hours with effect from 29-07-2016 and upto 1100 hours of 18-08-2016 onpaymentsubmission of Crossed Demand Draft drawn in favour of Financial Adviser amp ChiefAccounts OfficerCon NF Railway Maligaon Outstation firms requiring tender document bypost shall remit the sum as specified above plus ` 500- extra per tender as postal charges toreach the office of General ManagerCon NF Railway Maligaon Guwahati - 781 011 latest by1430 hrs of 18-08-2016 Railway will not be responsible for any delay damage or loss oftender documents in transit

80 Tenders will be received by the offices mentioned against Note 7 above with effect from

29-07-2016 and upto 1430 hours of 18-08-2016 and will be opened on 23-08-2016 at 1100hours at the office of General ManagerCon NF Railway Maligaon Guwahati ndash781 011 Ifthe last date of receivingopening happens to be BundhHoliday(s) the tenders will beissuedreceivedopened on the following working day as per same timings

90 (a) The tender documents will also be available in Northeast Frontier Railway constructionwebsite in wwwnfrly constructionorg during the above mentioned period and same can bedown loaded and used as tender documents for submitting the offer However the DemandDraft for the amount equivalent to the cost of tender documents as mentioned above willhave to be enclosed while submitting the tender Otherwise the tender will be summarilyrejected

(b) Railway Administration will not be responsible for any delay difficulties inaccessibility ofthe down loading facility for any reason whatsoever In case of any discrepancy between thetender documents down loaded from internet and the master copy available in the officesmentioned in (9) above the latter shall prevail and will be binding on the tenderer(s) No claim onthis account will be entertained(c)

100 Earnest Money shall have to be deposited by all tenderers Tenders not accompanied byrequisite Earnest Money shall be summarily rejected The tenderer should furnish thedetails of postal address with PIN Code along with FAX No of concerned bank from whichEMD purchased

110 All documents being submitted by the tenderer(s) along with their offer shall have to beattested by the Gazetted Officer Moreover all the documents submitted by the tendereralong with the tender document must be self attested failing which document not bearingself attested signature of the tenderer will be treated null and void and will not be takeninto consideration while deciding the tender

90 (a) निविदा दसािवज भभ उपरयक अिधव कव दौराि wwwnfrly constructionorg म पपिरवोतर सभमारवलिव निमाण िवबसाइट म उपलबव हहोगा और उस दसािवज़ कहो डााउिलहोडा ककरा जा सका ह और निविदादसािवज कव रप म इस वमाल ककरा जा सका ह हालाकक जसा कक ऊपर उललवख निविदा दसािवजज कक लाग

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

7

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

कव बराबर राशि कव शिलए डडामाडा डाफट निविदा परस य कर व समर सलगि करिा हहोगा अनरथा निविदा सरसरीौर पर खाररज कर दिदरा जाएगा(b) रवल पर ासि ककसभ भभ कारण कव शिलए िभचव लहोडा हहो रहा ह सयविवा कव ककसभ भभ दवरी कदिििाइरज अपरापराकव शिलए जजममवदार िही हहोगा इटरिवट और इसकव बाद कव ससकरण 7 म िरण कारालरज म उपलबव मासटरककॉपभ सव डााउिलहोडा निविदा दसािवज कव बभच कहोई विसगन कव मामलव म बाद अशिभभािभ हहोगभ और निविदाकार(एस) पर बाधरकारी हहोगा इस खा व पर कहोई दािा मिहोरजि िही ककरा जाएगा

100 बरािा सभभ निविदाकाओ दिारा जमा ककरा जािा हहोगा उि अपवकषि बरािा राशि कव साथ िही कर रहवह निविदाए सरसरी ौर पर असिभकार कर दिदरा जाएगा निविदाकार EMD जहो खरीदी सव सबधव बक काफकस िबर कव साथ वपि कहोडा कव डााक प व का वििरण परस य करिा चादिहए

110 सभभ दसािवजज कहो अपिव परसाि कव साथ निविदाकार (एस) दिारा परस य ककरा जा रहा राजपतरिअधवकारी दिारा सतरावप ककरा जािा ह अथबा सि-अशिभपरमारण ककरा जािा ह अनरथा इसव बानल और पनर मािा जाएगा और निविदा निणर लव व समर धराि म िही शिलरा जाएगा

JOINT VENTURE (NOT APPLICABLE)

Signature of Tenderer (s)

Contractor (s)

for Dy Chief EngineerCon NFRailwayMaligaon

ldquo BE A PARTNER IN THE TURN AROUND OF INDIAN RAILWAYSrdquo

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

8

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

(FIRST SHEET)Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

From website by

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305m CompositeGirder with Deck slab) in continuation with redesigning of existing abutment 2 of Br No47 (2x457m SteelBridge + 122m composite Girder with Deck slab) and ROB (Bow string steel Girderof 30m clear span as perlatest RDSOrsquos drg) and both approaches) over existing level crossing NoST22 at Tetelia station yardincluding foundations Sub structure Bed Blocks inspection platform Bearing etc at tetelia ndash Byrnihat NewLine National Project

Approximate Cost (Tender Value) Rs94269600ToThe President of IndiaActing Through the Chief Engineer(Con)Northeast Frontier Railway MaligaonGuwahati ndash 781 0111 IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphave read the various

conditions to tender attached here to and hereby agree to abide by the said conditions IWealso agree to keep this tender open for acceptance for a period of 120 days from the date fixedfor opening the same and in default thereof IWe will be liable for forfeiture of myourldquoEarnest Moneyrdquo IWe offer to do the work at the rates quoted in the attached Schedules andhereby bind myselfourselves to complete the work in all respects within 30 days(One month) from the date of issue of letter of acceptance of the tender

2 IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip also hereby agree to abide bythe (i) N F Railway General Conditions of Contracts and Standard Special Conditions ofContracts 2013 (ii) Unified Standard Specifications (for Works amp Matrials) 2013 (iii)Special Conditions and Specifications attached with the tender amp (iv) Unified StandardSchedule of Rates (for Works and Materials) of Northeast Frontier Railway 2013 editioncorrected up to date

3 A sum of ` 1886000 is hereby forwarded as earnest money The full value of the earnestmoney shall stand forfeited without prejudice to any other rights or remedies if

(a) IWe do not do execute the contract documents within Seven days after receipt of notice issued by the Railway that such documents are ready or(b) IWe do not commence the work within Ten days after receipt of the orders

to this effect or(c ) IWe withdraw or modify myour offer within the validity date of the tender

4 Once the acceptance of the tender is communicated to us a legal and enforceable contract comes in tobeing If in accordance with the letter of the acceptance IWe fail to commence work within theperiod stipulated in the acceptance letter and fail to execute the formal agreement IWe shall beliable for breach of the contract and the consequences of breach of any of the conditions of thecontract shall entitle Railway Administration to have workjob executed at myour risk and cost andto claim extra costexpenditure sustained by the Railway AdministrationSignature of Witness1 Address

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

9

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 AddressNORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

(TENDER FORM SECOND SHEET)Regulations for the Guidance of Tenderers

The following documents shall form part of the contract -1 (a) Tender form -FIRST AND SECOND SHEET

(b) N F Railway General Conditions of Contracts and Standard Special Conditions of Contracts2013 (ii) Indian Railway Unified Standard Specification Volume I amp II 2013 edition andUSSOR Schedule of Rates (for Labours and Materials) of Northeast Frontier Railway 2013edition corrected up to date

(c) Additional Special Conditions of Contract

(d) Special Conditions and Special Specifications for the work

(e) Schedule of items and Approximate Quantities and Abstract of Schedule of items of works andestimated cost

(f) Agreement forms

(g) Drawings

(h) Indian Railway Engg Code 2012 latest Revised Edition

2 INSTRUCTIONS TO TENDERER(S)

A Each and every page of the tender documents (purchased downloaded) are to be signed by thetenderers under seal of the participating firmtenderer before submission If the tenderersisare a partnershipJV firm it shall be signed by the authorized partner of the firm only

(i) Incomplete tenders are liable to be rejected without further correspondence

(ii) If the Tenderer(s) fail to submit the Affidavit as prescribed above alongwith histheiroffer histheir offer shall be considered incomplete and will be rejected summarily

B (i) The drawings for the works can be seen in the office of theDyChief Engineer ConstructionNortheast Frontier Railway Maligaon Guwahati - 781 011 at any time during office hours

(ii) General Conditions of Contract Standard Special Conditions of Contract 2013 and (iii) IndianRailway Unified Standard Specification Volume I amp II 2013 edition and

(iii) USSOR Schedule of Rates (for Labours and Materials) of Northeast Frontier Railway 2013edition corrected up to date can be seen in the office of the Chief EngineerConNFRailway orcan be had on payment if available

(iv) The Tenderer(s)Contractor(s) have to quote rates in figures and wordspercentage abovebelowatpar rate only in the schedule The quantities in schedule of items of work are given inAnnexuremdash I as a guide and are approximate only and are subject to variation according to theneed during execution of the work The Railway accepts no responsibility for the accuracy TheRailway does not guarantee work under the items of the schedule

(v) All documents and entries in the tender shall be either type written or in ink and in English Tendercontaining erasures additions and alterations to the tender documents are liable to be rejectedAny correction made by the Tenderer(s) in his entries must be attested by him If rates expressed

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

10

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

in figures and words do not agree then the lower of the two rates will be taken into considerationand binding on the contractor

(vi) Rates should be quoted inclusive of sales tax or any other local tax royalty etc unless specified tothe contrary in the tender documents

C Tenderers should observe the highest standard of ethics while submitting the Tender Document

(a) Railways will disqualify tenderer(s) if they have made misleading or false representation inthe form statements and attachments submitted or indulges in fraudulent and corruptpractice

i) ldquoCorrupt practicerdquo means the offering giving receiving or soliciting of anything ofvalue to influence the action of a public official in the tendering process or incontract execution and

ii) ldquoFraudulent practicerdquo means a misrepresentation of facts in order to influence andevaluation process or the execution of a contract and includes collusive practicesamong Tenderers (prior to or after Tender submission) designed to establish bid pricesat artificial non-competitive levels and to deprive the clientrsquos free and opencompetitions

(b) Further Railways may declare a Tenderer ineligible for any Railways contract if it at anytime determines that the Tenderer has engaged in corrupt or fraudulent practices incompleting for or in executing a borrowed financed contract in general or defines for thepurpose of this provision the terms set forth below as follows

i) Records of poor performance during the last 5 years as on the date of submission oftender such as abandoning the work rescinding of contract for which the reasons areattributable to the non-performance of the contractor

ii) Inordinate delays in completion consistent history of litigation awarded against thetenderercontractor or any of its constituents or financial failure due to bankruptcyetc If the Contractor has worked in a Joint Venture the rescinding of contract of aJoint Venture on account of reasons other than non-performance such as MostExperienced Partner (Lead Partner) of Joint Venture pulling out

Or

iii) Been debarred (blacklisted) by any Government agencies as on the date ofapplication

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

11

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

D DECLARATION TO BE GIVEN BY THE TENDERER(S)

IWe _____________________________________________________ declare that

(a) We have examined and have no reservations to the Tender documents Documentsincluding Addenda issued

(b) We offer to execute the Works in conformity with the Tender Documents

(c) If our tender is accepted we commit to submit Security Deposit and PerformanceGuarantee in accordance with the tender Document within the time fixed

(d) If our tender is accepted we commit to deploy minimum key personnel and equipmentsconsistent with the stipulation in the Tender Document

(e) If our Tender is accepted we commit to submit work method statements for all majoractivities and get these approved from the engineer prior to commencing work on suchactivities We also understand that the work shall be executed as per the approved methodstatements without any deviations

(f) If our tender is accepted we commit to establish Testing Laboratory at the site of workwith minimum Testing equipments indicated in the Tender Document

(g) IWe amare not banned from doing business with Railways or any other MinistryDepartment of the Govt of India State Govt from participation in tenders contract on thedate of opening of bids either in individual capacity or the JV firm or partnership firm inwhich we wereare members partners

(h) IWe are not sister concernsallied partners who were individuals or firms or partners offirms banned from doing business with Railways

(i) IWe understand and agree that if IWe were found during consideration of the tender to bea firmindividual or sisterallied concern or any individual or firms or partner of firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and ban is still in force Earnest money deposit remitted by meus will beforfeited in full

(j) IWe understand that if IWe were found during the course of execution of work to be anindividual or firm or partner or firms or sisterallied concern of any individuals or firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and the ban is still in force myour security deposit and Performance Guaranteewill be forfeited in full

(k) IWe understand that if IWe are found to be individual or firm or partner of firm orsisterallied concern of any individuals or firms banned by the Ministry of Railways or anyother Ministry Govt Department from doing business during the consideration of tenderor during the execution of work IWe are liable to be banned from doing business forfurther periods to be specified by Railways

(l) IWe are satisfying the eligibility conditions mentioned in the tender and IWe haveenclosed attested copies of documents along with the tender in support of myour claim of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

12

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfying eligibility conditions IWe understand that IWe have to produce the originaldocuments if so demanded by the Railways IWe understand that if any of the documentswere found to be bogus myour earnest money deposit (before finalisation of tender)security deposit (after awarding work) will be forfeited in full and IWe are liable to bebanned from doing business with Railways for any period to be specified by the Railwaysand also liable for legal proceedings against meus

(m) IWe have submitted full details of work on hand and progress thereon IWe understandthat if the information furnished by meus were found to be false myour tender is liable tobe rejected and Earnest money deposit in full is liable to be forfeited If it is found to befalse at any stage IWe are liable to be banned from doing business with Railways for anyperiod to be specified by Railways and also liable for legal proceedings against meus

(n) We have not made any tempering or changes in the Bidding Documents on which the Bidis being submitted and if any tampering or changes are detected at any stage weunderstand that the Bid will summarily rejected and forfeiture of Bid Security thecontract will be liable to be terminated along with forfeiture of full amount of performancesecurity even if LOA has been issued and

(o) We understand that you are not bound to accept the lowest evaluated bid or any other bidthat you may receive

(p) Iwe are not sister concernsallied partners of firmrsquos who have been found guilty in anycriminal case in the past

Name helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign the Bid for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SIGNATURE amp ADDRESS OF WITNESSES TO THE SIGNATURE OF THETENDERER(S)

WITNESSES

1 Name Signature

Address Date

2 Name Signature

Address Date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

13

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

30 SIGNING OF TENDERS

The tendererContractor shall sign each and every page of the Tender document

Any individuals signing the Tender or other documents connected therewith should specifywhether he is signing

i) As Sole Proprietor of the concern or his Attorneyor

ii) As a Partner or Partners of the Firmor

iii) For the Firm per procuration or

iv) As a Director Manager or Secretary in the case of Limited Company

31 In the case of firms not registered under the Indian Partnership Act all the partners or theattorney duly authorised by all of them should sign the tender and all other connecteddocuments The original document empowering the individual or individuals to sign theoriginal partnership deed with registration certificates if any in case the tenderer(s) is a firmand the Memorandum and Articles of Association in case the tenderer(s) is a Companyshould be furnished to the purchaser for verification if required

40 EARNEST MONEY

41 The tenderer(s) is required to deposit ` 1886000 only as earnest money for theperformance of the tender who will keep the offer open for a period of 120 days from thedate fixed for opening of tender it being clearly understood that the tenderer(s) aftersubmitting his tender will not resile from his offer or modify the rates items and conditionsthereof failing which the aforesaid amount shall be liable to be forfeited by the Railway

42 The earnest money should be in cash or Bankerrsquos ChequesDemand Drafts in favourof FAampCAOCon NFRailway executed by State Bank of India or any of theNationalized Banks or by a Scheduled Bank

43 The Earnest Money when deposited in cash should be remitted to the DivisionalCashierCONNFRailway Maligaon Guwahati-11 and the receipt obtained there-fromshould be enclosed with the tender as a proof of the deposit of the requisite earnest money

44 Bankerrsquos ChequesDemand drafts from the State Bank of India or from any of theNationalised Banks or a Schedule Banks should be drawn in favour of ldquo FinancialAdvisor amp Chief Account OfficerCONN F RailwayMaligaonrdquo and endorsedldquoAccount Payeerdquo and valid at least upto the validity of tender offer No conformationadvise from the Reserve Bank of India will be necessary

45 A tender not accompanied with requisite earnest money in the requisite manner as aforesaidwill be summarily rejected

46 Earnest money shall not be acceptable in the shape of Bank Guarantee Bond

a) If any of these instruments are found to have been drawn in favour ofpayable tothe tenderer they would be invalid and the tender submitted would be summarilyrejected

b) The name of the tenderer (party) on whose account the DD has been issued is tobe mentioned by the Banker at an appropriate place on the instrument itself

c) Government securities (Stock Certificates Bearer Bonds Promissory Notes etc)and Guarantee bonds executed by banks will not be accepted towards earnest

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

14

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

money

47 In the event of tenderer(s) defaulting in not adhering to the conditions laid down in para41 the Railway Administration shall be entitled to forfeit the full amount of earnestmoney deposited along the tender without prejudice to any other remedy available to theRailway

48 No interest will be paid on earnest money The earnest money will be refunded to theunsuccessful tenderer(s) within a reasonable period of time The earnest moneydeposited by the successful tenderer(s) will be retained towards the security deposit forthe due and faithful fulfillment of the contract but shall be forfeited if the contractor failsto execute the agreement or start the work within time schedule vide clause 3(a) 3(b) amp3(c) of Tender Form (First sheet) or a reasonable time determined by the Engineer afternotification of the acceptance of histheir tender

49 Railway shall be entitled to forfeit the earnest money specified for the particular work ifthe tenderer(s) failsfail to execute the agreement or start the work within time as perclause 48

50 CREDENTIALS (Eligibility Criteria)

51 Eligibility Criteria WILL BE AS UNDER

(A) Technical Criteria Deleted

(B) Financial Capability

Tenderer should have sufficient financial capacitycapability amp past performance to carry out theabove works which will be investigated by theTender Committee at the time of recommendingfor awarding the work

52

Tender must be enclosed in sealed cover super-scribed with Tender No and must be sentby Regd postSpeed post to the address of Chief Engineer (Construction) NFRailway Maligaon Guwahati-781 011 so as to reach this office not later than 1430hrs on 18-08-2016 or can be deposited in the Special Boxes allotted for the purpose inthe offices mentioned in the TENDER NO TENDER NODYCECONTeteliaByrnihatPreparation of GAD201635 The boxes will be sealed at 1430 hrs of18-08-2016 The tender will be opened on 23-08-2016 at 1100 hrs at General Manager(Construction)NFRailway Maligaon`s Office The tenders which are received after thesealing of the tender box are liable to be rejected

53 Non-compliance with any conditions mentioned above is liable to result in the tenderbeing rejected

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

15

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

60 Acceptance of Tender

61 The authority for the acceptance of the tender will rest with General ManagerCONN FRailway Maligaon Chief EngineerCONMaligaon Dy Chief EngineerCon of fieldunits for and on behalf of President of India who does not bind himself to accept thelowest or any other tender nor does he undertake to assign reasons for declining toconsider any particular tender or tenders No tenderer(s) shall demand any explanationon the cause of rejection of histheir tender No correspondence will be entertained withthe tenderer(s) in respect of the rejection of any or all tenders

62 Tender documents submitted by the tenderer(s) shall become the property of Railway andthe Railway shall have no obligation to return the same The cost of Tender Document isnot refundable

63 If the tenderer(s) deliberately gives wrong information in his tender the Railway reservesthe right to reject such tender at any stage

64 If a tenderer(s) expires after the submission of his tender or after the acceptance of histender the Railway shall deem such tender as cancelled If a partner of tendering firmexpires after the submission of or after acceptance of their tender the Railway shall deemsuch tender as cancelled unless the firm retains its character

65 The accepting authority reserves the right to divide the tender amongst more than onetenderers if deemed necessary and also to reject any or all tenders received withoutassigning any reason and does not bind himself to accept the lowest or any other tender

66 Conditional discounts offered by the tenderers for coverage within a shorter periodfor early inspectionpayment etc shall not be considered for evaluation of tender

70 Execution of Contract document

71 The tenderer whose tender is accepted shall be required to appear in the office of theGeneral ManagerCon in person or if a firm or corporation a duly authorisedrepresentative shall so appear to execute the contract documents within seven days afternotice to do so Failure to comply shall constitute a breach of the agreement effected bythe acceptance of the tender in which case the full value of the earnest moneyaccompanying the tender shall stand forfeited without prejudice to any other rights orremedies

72 In the event of any tenderer whose tender is accepted refusing to execute the contractdocuments as therein before provided the Railway may determine that such tenderer hasabandoned the contract and thereupon his tender and the acceptance thereof shall betreated as cancelled amp the Rly shall be entitled to forfeit the full amount of the earnestmoney and to recover the liquidated damages for such default equivalent to the amount ofPerformance Gaurantee

73 The tenderer shall keep the offer open for a minimum period of 120 days from the date ofopening of the tender within which period the tenderer cannot withdraw his offer Thisperiod may be extended further if so required by mutual agreement between the partiesfrom time to time Any contravention of this condition will make the tenderer liable forforfeiture of this security deposit

74 Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or Administrative capacity

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

16

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

or whether holding a pensionable post or not in the Engineering Department of any of theRailway onward andor administered by the President of India for the time being orshould a tenderer being partnership firm have as one of its partners a retired Engineer or aretired Gazetted Officer or should a tenderer being incorporated company have any suchretired Engineer or retired officer as one of its directors or should a tenderer have in hisemployment any retired Engineer or retired Gazetted officer as aforesaid the fullinformation to the date of retirement of such Engineer or Gazetted officer from the saidservice and in case where such Engineer or Officer had not retired from Governmentservice at least two years prior to the date of the submission of this tender as to whetherpermission for taking such contract or if the contractor be a partnership firm or anincorporated company to be one a partner or Director as the case may be or to takeemployment under the contractor has been obtained by the tenderer from the Engineer orthe officer authorized by him in this behalf shall be clearly stated in writing at the time ofsubmitting the tender Tenderers without the information above referred to or a statementto the effect that no such retired Engineer or retired Gazetted officer is so associated withthe tenderer as the case may be shall be rejected

75 Should a tenderer or contractor have a relative employed in Gazetted capacity in anydepartment of the NFRailway or in the case of partnership firm or companyincorporated under the company Law should p partner or a relative of the partner or ashare holder or a relative of a share holder be employed in Gazetted capacity in anydepartment of the NFRailway the authority inviting tender shall be informed of the factat the time of submission of tenders failing which the tender may be rejected or if suchfact subsequently comes to light the contract may be rescinded in accordance with theprovisions in Clause 62 of the General Conditions of Contract A declaration form(proforma attached) to this effect should be signed and enclosed with the tender(Annexure-B)

76 The tenderers shall clearly specify whether the tender is submitted on his behalf or onbehalf of partnership concern If the tender is submitted on behalf of partnership concernhe should submit the certified copy of partnership deed along with the tender and powerof attorney to sign the tender documents on behalf of partnership concern If thesedocuments are not enclosed along with the tender documents the tender will be treated ashaving been submitted by the person signing the tender in his individual capacity

80 The Railway will not be bound by any power of attorney granted by the tenderer or bychanges in the composition of the firm made subsequent to the execution of the contractIt may however recognize such power of attorney and changes after obtaining properlegal advise the cost of which will be chargeable to the contractor

90 If the tenderer whether a sole proprietor limited company or a partnership firm wants toact through agents or individual partnerpartners should submit along with the tender orat a later stage a power of Attorney duly stamped and authenticated by a public notary orby a Magistrate in favour of the specific persons whether hethey be partnerpartners ofthe firm or any other persons specially authorizing himthem to submit the tender signthe agreement receive money witness measurement signs measurement book compromise delete relinquish any claim or claims preferred by firm and sign No claimcertificate and refer all or disputed items to arbitration

100 The Railway reserves the right to accept a tender in whole or in part or reject any tenderor all tenders without assigning reasons for any such action

110 Negotiations with tenderer(s)

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17

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

The Railway reserve the right to hold negotiations with lowest who should be lowestvalid eligible and technically acceptable tenderer considered for award of contractdirectly if the rates were not unreasonably high

120 Inspection of site

Before submitting a tender the tenderers will be deemed to have satisfied himself byactual inspection of the site and locality of the works that all conditions liable to beencountered during the execution of the works are taken into account and that the rates hehas entered in Schedule of quantities and Rates of the tender document are adequateand all inclusive to accord with the provision of the general and special conditions ofcontract for the completion of the works to the entire satisfaction of the Engineer Noclaim shall be entertained from the contractor for making his own arrangements forapproached roads from outside Railway land and contractor will bear entire expensessuch as road taxes payment on right of way etc to outsiders

130 Examination of Documents

The submission of the tender shall be deemed to have been done after careful study andexamination of the tender document with full understanding of the implications thereofAny clarification required by a tenderer shall be obtained from the office inviting tenderson any working day

140 Tender documents are not transferable and cost of tender document is not refundable

150 Sequence of work

151 The contractor(s) shall comply with the order of engineer in charge in regard to thesequences of tackling and progressing component parts of works

160 Preparation of PERT Chart

161 The successful tenderer within 20 days after the contract is awarded will make out adetailed PERT Chart along with detailed programme chart based on accepted schemeindicating various stages of execution method of execution and completion of work indifferent stages keeping the period of completion in view and submit the same to theengineer for the consideration and approval The above programme shall be strictlyadhered to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

18

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

10 DEFINITION AND INTERPRETATIONS

In the Contract documents the following terms shall have the meanings herein assigned to themexcept where the contract otherwise requires

11 General Manager shall be the Officer in Administrative charge of the whole of the NortheastFrontier Railway and shall mean and include the General Manager of the successor Railway andGeneral Manager (Construction) of Northeast Frontier Railway

12 Engineer shall mean the Executive Engineer in executive charge of the work and shall includethe superior Officer of the Engineering Department of the Northeast Frontier Railway ie DeputyChief Engineer (Construction)Chief Engineer (Construction) and shall mean and include theEngineer of the successor Railway

13 Construction plant shall mean all plants machinery vehicles river vessels tools equipmentappliances or things of whatsoever nature required in or about execution completion ormaintenance of the works or temporary work but does not include materials or other thingsintended to or forming part of the permanent work

14 A Day shall mean a day of 24 hours from midnight to mid night irrespective of the number ofhours worked in that day

15 A Week shall mean seven days without regard to the number of hours worked on any day inthat week

16 A ldquoMonthrdquo shall mean Gregorian Calendar Month irrespective of the number of hours workedon any day in that month

20 GENERAL

21 The Additional Special Conditions of Contract along with the Schedule of Items andApproximate Quantities General amp Standard Special Conditions of Contract ndash 2013 along withdeletion list enclosed as Annexures and Indian Railway Unified Standard SpecificationVolume-I amp II 2013 editionUSSOR Schedule of Rates (For labour amp materials) of NortheastFrontier Railway 2010 edition corrected up to date and relevant drawings with suchamendments which may be published from time to time during contract period shall constituteContract Documents and the contractor shall satisfy himselfthemselves in every respect as tothe true intent and meaning of these contract documents and to the nature extent and quality ofthe work required to be executed as no claim whatsoever arising through any misunderstandingof the intention or the meaning of any of the terms or expressions in these contract documentsshall be entertained after the submission of the tender

22 The work shall be executed in conformity with the tender documents such as the General ampStandard Special Conditions of Contract - 2013 and Indian Railway Unified StandardSpecification Volume-I amp II 2013 edition corrected up-to-date and other documents as per Para1 of Tender Form (Second Sheet) together with such amendments as may be published from timeto time and read in conjunction with the Additional Special Conditions and Special

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

19

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Specifications attached

23 In these tender documents where there is any conflict between the Additional Special Conditionsand Special Specifications on the one hand and the General Conditions of Contract and StandardSpecial Conditions-2013 and Indian Railway Unified Standard Specification Volume-I amp II2010 edition on the other the former shall prevail

30 DEVIATION

31 A Schedule of DeletionAlterations to the Standard Special Conditions of Contract of NFRailway (Engg Deptt) -2013 is enclosed as Annexure-C The items listed as deleted inAnnexure-F shall not be applicable to the tendercontract In case of alteration the item asprovided for in the Annexure-F shall be applicable to the tendercontract

32 Unless specifically provided otherwise in the Tender any and all exceptions which the Tenderermay have to any of the clauses of the Standard Special Conditions of Contract or theadditional Special Conditions of Contract if any as included in the Tender shall be clearlystated in a statement annexed to the tender and identified as Annexure-D Such exception shallbe listed in the format specified under the title Schedule of Deviations If the Tenderer has noexceptions the annexure shall be submitted with a NIL statement If the contractor does notinclude the Annexure with the Tender it shall be conclusive evidence that the Standard SpecialConditions of Contract and the additional Special Conditions of Contract withdeletionsalterations if any are entirely acceptable to the Contractor

33 Any Deviations from the Standard Special Conditions of Contract and the additional SpecialConditions of Contract if any stated by the Tenderer in his tender shall be a part of the Contractonly to such extent as have been explicitly accepted by the Railway and incorporated in theContract

40 INTENT OF PLANS SPECIFICATION AND CONTRACT DOCUMENTS

41 The work to be carried out under this contract shall except as otherwise provided in theseconditions include all labour materials (except the materials to be supplied by Railway freeof cost) construction plant equipment and transport which may be required in preparation of andfor the full and entire execution and successful completion of the works The description given inthe Schedule of works shall unless otherwise stated be held to include carriage and cartagecarrying and hoisting setting fitting and fixing in position and all other labour necessary in andfor the full and entire execution and successful completion of the works as aforesaid inaccordance with good practice and recognized principles and any urgent and temporary worksfully contingent upon the works

50 INSPECTION AND ADMISSION TO SITE

51 The Contractor shall not be permitted to enter on (other than for inspection purpose) or takepossession of the site until instructed to do so by the Engineer in writing The portion of the siteto be occupied by the contractor shall be defined andor shown in the site plan or this shall beindicated by the Engineer and the contractor shall on no account be allowed to extend hisoperation beyond these areas The contractor shall not use or allow it to be used the site soallowed to him by the Railway for any purpose other than that of executing the work Thecontractor shall make his own arrangement at his own cost for any additional land required byhim for the purpose of execution of the work

52 The Contractor shall at his own cost provide if necessary or if required on the site all temporary

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

20

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

access thereto to the satisfaction of the Engineer and shall alter adopt and maintain the same asrequired from time to time and shall take up and clear them away as and when no longer requiredand make good all damage done to the site

53 The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed tohave satisfied himself about the nature and type of work including ancillary worksnecessary for satisfactory execution of work Site accessibility availability of requiredmaterials need of suitable rollers for compaction of earthwork drying and wetting of soilbefore compactions arrangement for the testing equipment for quality control ofearthwork and concrete etc must be kept in view while quoting the rates

60 MODIFICATION OF DRAWINGS

The Railway reserves the right to altermodify the drawingsdesign to suit the site conditions Ifdue to the change in drawings or designs there is any increase or decrease in quantities in theitems of the schedule payment shall be made only for the actual quantities executed at theaccepted rates If there is sufficient ground for granting extension of the date of completion onthis account the Railway will consider such request on the merits of each individual case Suchcircumstances shall in no way affect or vitiate the contract or alter the character thereof or entitlecontractor to damages or compensation thereof

70 QUANTITIES IN SCHEDULE AND THEIR VARIATIONS

The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts

71 Individual NS items in contracts shall be operated with variation of plus or minus 25 andpayment would be made as per the agreement rate For this no finance concurrence would berequired

72 In case an increase in quantity of an individual item by more than 25 of the agreement quantityis considered unavoidable the same shall be got executed by floating a fresh tender If floating afresh tender for operating that item is considered not practicable quantity of that item may beoperated 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 theapproval of an officer of the rank not less than SA Grade

(i) Quantities operated in excess of 125 but upto 140 of the agreementquantity of the concerned item shall be paid at 98 of the rate awardedfor that item in that particular tender

(ii) Quantities operated in excess of 140 but upto 150 of the agreementquantity of the concerned item shall be paid at 96 of the rate awarded forthat item in that particular tender

(iii) Variation in quantities of individual items beyond 150 will be prohibitedand would be permitted only in exceptional unavoidable circumstanceswith the concurrence of associate finance and shall be paid at 96 of therate awarded for that item in that particulars tender

(b) The variation in quantities as per the above formula will apply only to the Individualitems of the contract and not on the overall contract value

(c ) Execution of quantities beyond 150 of the overall agreemental value should not bepermitted and if found necessary should be only through fresh tenders or bynegotiating with existing contractor with prior personal concurrence of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

21

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

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22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

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23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

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24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

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25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

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26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

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33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

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34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

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38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

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39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

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40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

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41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 6: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NOTICE NODYCECONMLG2016JULY03 dtd20072016

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305m CompositeGirder with Deck slab) in continuation with redesigning of existing abutment 2 of Br No47 (2x457m SteelBridge + 122m composite Girder with Deck slab) and ROB (Bow string steel Girderof 30m clear span as perlatest RDSOrsquos drg) and both approaches) over existing level crossing NoST22 at Tetelia station yardincluding foundations Sub structure Bed Blocks inspection platform Bearing etc at tetelia ndash Byrnihat NewLine National Project

Forwarding Letter Detailing Salient feature of the tender proposal----------------------------------------------------------------------------------------------------------------------------- (Tenderer(s) should write their name and postal address themselves in case they are using documentdownloaded from internet)

Details of Demand DraftRailwayrsquos Money Receipt towards cost of tender document

DEMAND DRAFT Railwayrsquos Money Receipt No ____________________DATE __________

ISSUED BY _____________________________________________________ BANK

AMOUNT IN Rs __________________________________

DEMAND DRAFT Railwayrsquos Money Receipt No ____________________DATE __________

ISSUED BY ________________________ BANK CityTown ___________________________

AMOUNT IN Rs __________________________________

Name and Contact Numbers of Key Personnels----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

10 Sealed tenders have been invited for and on behalf of the President of India for the abovementioned work as per NIT

20 The tender document is hereby being issued to you on your request and on your havingdeposited the requisite cost of the tender document as per aforesaid details The document isbeing issued with further condition that you agree to abide by the conditions laid downhereinafter in the tender document before submitting your tender In case the tenderer has usedthe documents downloaded from the internet it is construed that the tenderer has agreed to asaforesaid

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

6

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

30 The tender document includes various chapters drawings and annexures as enclosed which areintegral parts of the tender documents

40 Detailed information of work and conditions may be seen in the Tender Document

50 JOINT VENTURE will not be permitted in this Tender

60 VALIDITY OF TENDER = 120 days from the date of opening of Tender70 The tender documents (not transferable) can be obtained from the offices of the (i) General

ManagerCon NF Railway Maligaon Guwahati ndash 11 (ii) DyChief EngineerConNFRailway Lumding amp (iii) DyChief EngineerCon NFRailway Alipuarduar Junctionduring office hours with effect from 29-07-2016 and upto 1100 hours of 18-08-2016 onpaymentsubmission of Crossed Demand Draft drawn in favour of Financial Adviser amp ChiefAccounts OfficerCon NF Railway Maligaon Outstation firms requiring tender document bypost shall remit the sum as specified above plus ` 500- extra per tender as postal charges toreach the office of General ManagerCon NF Railway Maligaon Guwahati - 781 011 latest by1430 hrs of 18-08-2016 Railway will not be responsible for any delay damage or loss oftender documents in transit

80 Tenders will be received by the offices mentioned against Note 7 above with effect from

29-07-2016 and upto 1430 hours of 18-08-2016 and will be opened on 23-08-2016 at 1100hours at the office of General ManagerCon NF Railway Maligaon Guwahati ndash781 011 Ifthe last date of receivingopening happens to be BundhHoliday(s) the tenders will beissuedreceivedopened on the following working day as per same timings

90 (a) The tender documents will also be available in Northeast Frontier Railway constructionwebsite in wwwnfrly constructionorg during the above mentioned period and same can bedown loaded and used as tender documents for submitting the offer However the DemandDraft for the amount equivalent to the cost of tender documents as mentioned above willhave to be enclosed while submitting the tender Otherwise the tender will be summarilyrejected

(b) Railway Administration will not be responsible for any delay difficulties inaccessibility ofthe down loading facility for any reason whatsoever In case of any discrepancy between thetender documents down loaded from internet and the master copy available in the officesmentioned in (9) above the latter shall prevail and will be binding on the tenderer(s) No claim onthis account will be entertained(c)

100 Earnest Money shall have to be deposited by all tenderers Tenders not accompanied byrequisite Earnest Money shall be summarily rejected The tenderer should furnish thedetails of postal address with PIN Code along with FAX No of concerned bank from whichEMD purchased

110 All documents being submitted by the tenderer(s) along with their offer shall have to beattested by the Gazetted Officer Moreover all the documents submitted by the tendereralong with the tender document must be self attested failing which document not bearingself attested signature of the tenderer will be treated null and void and will not be takeninto consideration while deciding the tender

90 (a) निविदा दसािवज भभ उपरयक अिधव कव दौराि wwwnfrly constructionorg म पपिरवोतर सभमारवलिव निमाण िवबसाइट म उपलबव हहोगा और उस दसािवज़ कहो डााउिलहोडा ककरा जा सका ह और निविदादसािवज कव रप म इस वमाल ककरा जा सका ह हालाकक जसा कक ऊपर उललवख निविदा दसािवजज कक लाग

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

7

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

कव बराबर राशि कव शिलए डडामाडा डाफट निविदा परस य कर व समर सलगि करिा हहोगा अनरथा निविदा सरसरीौर पर खाररज कर दिदरा जाएगा(b) रवल पर ासि ककसभ भभ कारण कव शिलए िभचव लहोडा हहो रहा ह सयविवा कव ककसभ भभ दवरी कदिििाइरज अपरापराकव शिलए जजममवदार िही हहोगा इटरिवट और इसकव बाद कव ससकरण 7 म िरण कारालरज म उपलबव मासटरककॉपभ सव डााउिलहोडा निविदा दसािवज कव बभच कहोई विसगन कव मामलव म बाद अशिभभािभ हहोगभ और निविदाकार(एस) पर बाधरकारी हहोगा इस खा व पर कहोई दािा मिहोरजि िही ककरा जाएगा

100 बरािा सभभ निविदाकाओ दिारा जमा ककरा जािा हहोगा उि अपवकषि बरािा राशि कव साथ िही कर रहवह निविदाए सरसरी ौर पर असिभकार कर दिदरा जाएगा निविदाकार EMD जहो खरीदी सव सबधव बक काफकस िबर कव साथ वपि कहोडा कव डााक प व का वििरण परस य करिा चादिहए

110 सभभ दसािवजज कहो अपिव परसाि कव साथ निविदाकार (एस) दिारा परस य ककरा जा रहा राजपतरिअधवकारी दिारा सतरावप ककरा जािा ह अथबा सि-अशिभपरमारण ककरा जािा ह अनरथा इसव बानल और पनर मािा जाएगा और निविदा निणर लव व समर धराि म िही शिलरा जाएगा

JOINT VENTURE (NOT APPLICABLE)

Signature of Tenderer (s)

Contractor (s)

for Dy Chief EngineerCon NFRailwayMaligaon

ldquo BE A PARTNER IN THE TURN AROUND OF INDIAN RAILWAYSrdquo

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

8

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

(FIRST SHEET)Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

From website by

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305m CompositeGirder with Deck slab) in continuation with redesigning of existing abutment 2 of Br No47 (2x457m SteelBridge + 122m composite Girder with Deck slab) and ROB (Bow string steel Girderof 30m clear span as perlatest RDSOrsquos drg) and both approaches) over existing level crossing NoST22 at Tetelia station yardincluding foundations Sub structure Bed Blocks inspection platform Bearing etc at tetelia ndash Byrnihat NewLine National Project

Approximate Cost (Tender Value) Rs94269600ToThe President of IndiaActing Through the Chief Engineer(Con)Northeast Frontier Railway MaligaonGuwahati ndash 781 0111 IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphave read the various

conditions to tender attached here to and hereby agree to abide by the said conditions IWealso agree to keep this tender open for acceptance for a period of 120 days from the date fixedfor opening the same and in default thereof IWe will be liable for forfeiture of myourldquoEarnest Moneyrdquo IWe offer to do the work at the rates quoted in the attached Schedules andhereby bind myselfourselves to complete the work in all respects within 30 days(One month) from the date of issue of letter of acceptance of the tender

2 IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip also hereby agree to abide bythe (i) N F Railway General Conditions of Contracts and Standard Special Conditions ofContracts 2013 (ii) Unified Standard Specifications (for Works amp Matrials) 2013 (iii)Special Conditions and Specifications attached with the tender amp (iv) Unified StandardSchedule of Rates (for Works and Materials) of Northeast Frontier Railway 2013 editioncorrected up to date

3 A sum of ` 1886000 is hereby forwarded as earnest money The full value of the earnestmoney shall stand forfeited without prejudice to any other rights or remedies if

(a) IWe do not do execute the contract documents within Seven days after receipt of notice issued by the Railway that such documents are ready or(b) IWe do not commence the work within Ten days after receipt of the orders

to this effect or(c ) IWe withdraw or modify myour offer within the validity date of the tender

4 Once the acceptance of the tender is communicated to us a legal and enforceable contract comes in tobeing If in accordance with the letter of the acceptance IWe fail to commence work within theperiod stipulated in the acceptance letter and fail to execute the formal agreement IWe shall beliable for breach of the contract and the consequences of breach of any of the conditions of thecontract shall entitle Railway Administration to have workjob executed at myour risk and cost andto claim extra costexpenditure sustained by the Railway AdministrationSignature of Witness1 Address

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

9

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 AddressNORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

(TENDER FORM SECOND SHEET)Regulations for the Guidance of Tenderers

The following documents shall form part of the contract -1 (a) Tender form -FIRST AND SECOND SHEET

(b) N F Railway General Conditions of Contracts and Standard Special Conditions of Contracts2013 (ii) Indian Railway Unified Standard Specification Volume I amp II 2013 edition andUSSOR Schedule of Rates (for Labours and Materials) of Northeast Frontier Railway 2013edition corrected up to date

(c) Additional Special Conditions of Contract

(d) Special Conditions and Special Specifications for the work

(e) Schedule of items and Approximate Quantities and Abstract of Schedule of items of works andestimated cost

(f) Agreement forms

(g) Drawings

(h) Indian Railway Engg Code 2012 latest Revised Edition

2 INSTRUCTIONS TO TENDERER(S)

A Each and every page of the tender documents (purchased downloaded) are to be signed by thetenderers under seal of the participating firmtenderer before submission If the tenderersisare a partnershipJV firm it shall be signed by the authorized partner of the firm only

(i) Incomplete tenders are liable to be rejected without further correspondence

(ii) If the Tenderer(s) fail to submit the Affidavit as prescribed above alongwith histheiroffer histheir offer shall be considered incomplete and will be rejected summarily

B (i) The drawings for the works can be seen in the office of theDyChief Engineer ConstructionNortheast Frontier Railway Maligaon Guwahati - 781 011 at any time during office hours

(ii) General Conditions of Contract Standard Special Conditions of Contract 2013 and (iii) IndianRailway Unified Standard Specification Volume I amp II 2013 edition and

(iii) USSOR Schedule of Rates (for Labours and Materials) of Northeast Frontier Railway 2013edition corrected up to date can be seen in the office of the Chief EngineerConNFRailway orcan be had on payment if available

(iv) The Tenderer(s)Contractor(s) have to quote rates in figures and wordspercentage abovebelowatpar rate only in the schedule The quantities in schedule of items of work are given inAnnexuremdash I as a guide and are approximate only and are subject to variation according to theneed during execution of the work The Railway accepts no responsibility for the accuracy TheRailway does not guarantee work under the items of the schedule

(v) All documents and entries in the tender shall be either type written or in ink and in English Tendercontaining erasures additions and alterations to the tender documents are liable to be rejectedAny correction made by the Tenderer(s) in his entries must be attested by him If rates expressed

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

10

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

in figures and words do not agree then the lower of the two rates will be taken into considerationand binding on the contractor

(vi) Rates should be quoted inclusive of sales tax or any other local tax royalty etc unless specified tothe contrary in the tender documents

C Tenderers should observe the highest standard of ethics while submitting the Tender Document

(a) Railways will disqualify tenderer(s) if they have made misleading or false representation inthe form statements and attachments submitted or indulges in fraudulent and corruptpractice

i) ldquoCorrupt practicerdquo means the offering giving receiving or soliciting of anything ofvalue to influence the action of a public official in the tendering process or incontract execution and

ii) ldquoFraudulent practicerdquo means a misrepresentation of facts in order to influence andevaluation process or the execution of a contract and includes collusive practicesamong Tenderers (prior to or after Tender submission) designed to establish bid pricesat artificial non-competitive levels and to deprive the clientrsquos free and opencompetitions

(b) Further Railways may declare a Tenderer ineligible for any Railways contract if it at anytime determines that the Tenderer has engaged in corrupt or fraudulent practices incompleting for or in executing a borrowed financed contract in general or defines for thepurpose of this provision the terms set forth below as follows

i) Records of poor performance during the last 5 years as on the date of submission oftender such as abandoning the work rescinding of contract for which the reasons areattributable to the non-performance of the contractor

ii) Inordinate delays in completion consistent history of litigation awarded against thetenderercontractor or any of its constituents or financial failure due to bankruptcyetc If the Contractor has worked in a Joint Venture the rescinding of contract of aJoint Venture on account of reasons other than non-performance such as MostExperienced Partner (Lead Partner) of Joint Venture pulling out

Or

iii) Been debarred (blacklisted) by any Government agencies as on the date ofapplication

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

11

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

D DECLARATION TO BE GIVEN BY THE TENDERER(S)

IWe _____________________________________________________ declare that

(a) We have examined and have no reservations to the Tender documents Documentsincluding Addenda issued

(b) We offer to execute the Works in conformity with the Tender Documents

(c) If our tender is accepted we commit to submit Security Deposit and PerformanceGuarantee in accordance with the tender Document within the time fixed

(d) If our tender is accepted we commit to deploy minimum key personnel and equipmentsconsistent with the stipulation in the Tender Document

(e) If our Tender is accepted we commit to submit work method statements for all majoractivities and get these approved from the engineer prior to commencing work on suchactivities We also understand that the work shall be executed as per the approved methodstatements without any deviations

(f) If our tender is accepted we commit to establish Testing Laboratory at the site of workwith minimum Testing equipments indicated in the Tender Document

(g) IWe amare not banned from doing business with Railways or any other MinistryDepartment of the Govt of India State Govt from participation in tenders contract on thedate of opening of bids either in individual capacity or the JV firm or partnership firm inwhich we wereare members partners

(h) IWe are not sister concernsallied partners who were individuals or firms or partners offirms banned from doing business with Railways

(i) IWe understand and agree that if IWe were found during consideration of the tender to bea firmindividual or sisterallied concern or any individual or firms or partner of firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and ban is still in force Earnest money deposit remitted by meus will beforfeited in full

(j) IWe understand that if IWe were found during the course of execution of work to be anindividual or firm or partner or firms or sisterallied concern of any individuals or firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and the ban is still in force myour security deposit and Performance Guaranteewill be forfeited in full

(k) IWe understand that if IWe are found to be individual or firm or partner of firm orsisterallied concern of any individuals or firms banned by the Ministry of Railways or anyother Ministry Govt Department from doing business during the consideration of tenderor during the execution of work IWe are liable to be banned from doing business forfurther periods to be specified by Railways

(l) IWe are satisfying the eligibility conditions mentioned in the tender and IWe haveenclosed attested copies of documents along with the tender in support of myour claim of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

12

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfying eligibility conditions IWe understand that IWe have to produce the originaldocuments if so demanded by the Railways IWe understand that if any of the documentswere found to be bogus myour earnest money deposit (before finalisation of tender)security deposit (after awarding work) will be forfeited in full and IWe are liable to bebanned from doing business with Railways for any period to be specified by the Railwaysand also liable for legal proceedings against meus

(m) IWe have submitted full details of work on hand and progress thereon IWe understandthat if the information furnished by meus were found to be false myour tender is liable tobe rejected and Earnest money deposit in full is liable to be forfeited If it is found to befalse at any stage IWe are liable to be banned from doing business with Railways for anyperiod to be specified by Railways and also liable for legal proceedings against meus

(n) We have not made any tempering or changes in the Bidding Documents on which the Bidis being submitted and if any tampering or changes are detected at any stage weunderstand that the Bid will summarily rejected and forfeiture of Bid Security thecontract will be liable to be terminated along with forfeiture of full amount of performancesecurity even if LOA has been issued and

(o) We understand that you are not bound to accept the lowest evaluated bid or any other bidthat you may receive

(p) Iwe are not sister concernsallied partners of firmrsquos who have been found guilty in anycriminal case in the past

Name helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign the Bid for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SIGNATURE amp ADDRESS OF WITNESSES TO THE SIGNATURE OF THETENDERER(S)

WITNESSES

1 Name Signature

Address Date

2 Name Signature

Address Date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

13

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

30 SIGNING OF TENDERS

The tendererContractor shall sign each and every page of the Tender document

Any individuals signing the Tender or other documents connected therewith should specifywhether he is signing

i) As Sole Proprietor of the concern or his Attorneyor

ii) As a Partner or Partners of the Firmor

iii) For the Firm per procuration or

iv) As a Director Manager or Secretary in the case of Limited Company

31 In the case of firms not registered under the Indian Partnership Act all the partners or theattorney duly authorised by all of them should sign the tender and all other connecteddocuments The original document empowering the individual or individuals to sign theoriginal partnership deed with registration certificates if any in case the tenderer(s) is a firmand the Memorandum and Articles of Association in case the tenderer(s) is a Companyshould be furnished to the purchaser for verification if required

40 EARNEST MONEY

41 The tenderer(s) is required to deposit ` 1886000 only as earnest money for theperformance of the tender who will keep the offer open for a period of 120 days from thedate fixed for opening of tender it being clearly understood that the tenderer(s) aftersubmitting his tender will not resile from his offer or modify the rates items and conditionsthereof failing which the aforesaid amount shall be liable to be forfeited by the Railway

42 The earnest money should be in cash or Bankerrsquos ChequesDemand Drafts in favourof FAampCAOCon NFRailway executed by State Bank of India or any of theNationalized Banks or by a Scheduled Bank

43 The Earnest Money when deposited in cash should be remitted to the DivisionalCashierCONNFRailway Maligaon Guwahati-11 and the receipt obtained there-fromshould be enclosed with the tender as a proof of the deposit of the requisite earnest money

44 Bankerrsquos ChequesDemand drafts from the State Bank of India or from any of theNationalised Banks or a Schedule Banks should be drawn in favour of ldquo FinancialAdvisor amp Chief Account OfficerCONN F RailwayMaligaonrdquo and endorsedldquoAccount Payeerdquo and valid at least upto the validity of tender offer No conformationadvise from the Reserve Bank of India will be necessary

45 A tender not accompanied with requisite earnest money in the requisite manner as aforesaidwill be summarily rejected

46 Earnest money shall not be acceptable in the shape of Bank Guarantee Bond

a) If any of these instruments are found to have been drawn in favour ofpayable tothe tenderer they would be invalid and the tender submitted would be summarilyrejected

b) The name of the tenderer (party) on whose account the DD has been issued is tobe mentioned by the Banker at an appropriate place on the instrument itself

c) Government securities (Stock Certificates Bearer Bonds Promissory Notes etc)and Guarantee bonds executed by banks will not be accepted towards earnest

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

14

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

money

47 In the event of tenderer(s) defaulting in not adhering to the conditions laid down in para41 the Railway Administration shall be entitled to forfeit the full amount of earnestmoney deposited along the tender without prejudice to any other remedy available to theRailway

48 No interest will be paid on earnest money The earnest money will be refunded to theunsuccessful tenderer(s) within a reasonable period of time The earnest moneydeposited by the successful tenderer(s) will be retained towards the security deposit forthe due and faithful fulfillment of the contract but shall be forfeited if the contractor failsto execute the agreement or start the work within time schedule vide clause 3(a) 3(b) amp3(c) of Tender Form (First sheet) or a reasonable time determined by the Engineer afternotification of the acceptance of histheir tender

49 Railway shall be entitled to forfeit the earnest money specified for the particular work ifthe tenderer(s) failsfail to execute the agreement or start the work within time as perclause 48

50 CREDENTIALS (Eligibility Criteria)

51 Eligibility Criteria WILL BE AS UNDER

(A) Technical Criteria Deleted

(B) Financial Capability

Tenderer should have sufficient financial capacitycapability amp past performance to carry out theabove works which will be investigated by theTender Committee at the time of recommendingfor awarding the work

52

Tender must be enclosed in sealed cover super-scribed with Tender No and must be sentby Regd postSpeed post to the address of Chief Engineer (Construction) NFRailway Maligaon Guwahati-781 011 so as to reach this office not later than 1430hrs on 18-08-2016 or can be deposited in the Special Boxes allotted for the purpose inthe offices mentioned in the TENDER NO TENDER NODYCECONTeteliaByrnihatPreparation of GAD201635 The boxes will be sealed at 1430 hrs of18-08-2016 The tender will be opened on 23-08-2016 at 1100 hrs at General Manager(Construction)NFRailway Maligaon`s Office The tenders which are received after thesealing of the tender box are liable to be rejected

53 Non-compliance with any conditions mentioned above is liable to result in the tenderbeing rejected

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

15

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

60 Acceptance of Tender

61 The authority for the acceptance of the tender will rest with General ManagerCONN FRailway Maligaon Chief EngineerCONMaligaon Dy Chief EngineerCon of fieldunits for and on behalf of President of India who does not bind himself to accept thelowest or any other tender nor does he undertake to assign reasons for declining toconsider any particular tender or tenders No tenderer(s) shall demand any explanationon the cause of rejection of histheir tender No correspondence will be entertained withthe tenderer(s) in respect of the rejection of any or all tenders

62 Tender documents submitted by the tenderer(s) shall become the property of Railway andthe Railway shall have no obligation to return the same The cost of Tender Document isnot refundable

63 If the tenderer(s) deliberately gives wrong information in his tender the Railway reservesthe right to reject such tender at any stage

64 If a tenderer(s) expires after the submission of his tender or after the acceptance of histender the Railway shall deem such tender as cancelled If a partner of tendering firmexpires after the submission of or after acceptance of their tender the Railway shall deemsuch tender as cancelled unless the firm retains its character

65 The accepting authority reserves the right to divide the tender amongst more than onetenderers if deemed necessary and also to reject any or all tenders received withoutassigning any reason and does not bind himself to accept the lowest or any other tender

66 Conditional discounts offered by the tenderers for coverage within a shorter periodfor early inspectionpayment etc shall not be considered for evaluation of tender

70 Execution of Contract document

71 The tenderer whose tender is accepted shall be required to appear in the office of theGeneral ManagerCon in person or if a firm or corporation a duly authorisedrepresentative shall so appear to execute the contract documents within seven days afternotice to do so Failure to comply shall constitute a breach of the agreement effected bythe acceptance of the tender in which case the full value of the earnest moneyaccompanying the tender shall stand forfeited without prejudice to any other rights orremedies

72 In the event of any tenderer whose tender is accepted refusing to execute the contractdocuments as therein before provided the Railway may determine that such tenderer hasabandoned the contract and thereupon his tender and the acceptance thereof shall betreated as cancelled amp the Rly shall be entitled to forfeit the full amount of the earnestmoney and to recover the liquidated damages for such default equivalent to the amount ofPerformance Gaurantee

73 The tenderer shall keep the offer open for a minimum period of 120 days from the date ofopening of the tender within which period the tenderer cannot withdraw his offer Thisperiod may be extended further if so required by mutual agreement between the partiesfrom time to time Any contravention of this condition will make the tenderer liable forforfeiture of this security deposit

74 Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or Administrative capacity

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

16

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

or whether holding a pensionable post or not in the Engineering Department of any of theRailway onward andor administered by the President of India for the time being orshould a tenderer being partnership firm have as one of its partners a retired Engineer or aretired Gazetted Officer or should a tenderer being incorporated company have any suchretired Engineer or retired officer as one of its directors or should a tenderer have in hisemployment any retired Engineer or retired Gazetted officer as aforesaid the fullinformation to the date of retirement of such Engineer or Gazetted officer from the saidservice and in case where such Engineer or Officer had not retired from Governmentservice at least two years prior to the date of the submission of this tender as to whetherpermission for taking such contract or if the contractor be a partnership firm or anincorporated company to be one a partner or Director as the case may be or to takeemployment under the contractor has been obtained by the tenderer from the Engineer orthe officer authorized by him in this behalf shall be clearly stated in writing at the time ofsubmitting the tender Tenderers without the information above referred to or a statementto the effect that no such retired Engineer or retired Gazetted officer is so associated withthe tenderer as the case may be shall be rejected

75 Should a tenderer or contractor have a relative employed in Gazetted capacity in anydepartment of the NFRailway or in the case of partnership firm or companyincorporated under the company Law should p partner or a relative of the partner or ashare holder or a relative of a share holder be employed in Gazetted capacity in anydepartment of the NFRailway the authority inviting tender shall be informed of the factat the time of submission of tenders failing which the tender may be rejected or if suchfact subsequently comes to light the contract may be rescinded in accordance with theprovisions in Clause 62 of the General Conditions of Contract A declaration form(proforma attached) to this effect should be signed and enclosed with the tender(Annexure-B)

76 The tenderers shall clearly specify whether the tender is submitted on his behalf or onbehalf of partnership concern If the tender is submitted on behalf of partnership concernhe should submit the certified copy of partnership deed along with the tender and powerof attorney to sign the tender documents on behalf of partnership concern If thesedocuments are not enclosed along with the tender documents the tender will be treated ashaving been submitted by the person signing the tender in his individual capacity

80 The Railway will not be bound by any power of attorney granted by the tenderer or bychanges in the composition of the firm made subsequent to the execution of the contractIt may however recognize such power of attorney and changes after obtaining properlegal advise the cost of which will be chargeable to the contractor

90 If the tenderer whether a sole proprietor limited company or a partnership firm wants toact through agents or individual partnerpartners should submit along with the tender orat a later stage a power of Attorney duly stamped and authenticated by a public notary orby a Magistrate in favour of the specific persons whether hethey be partnerpartners ofthe firm or any other persons specially authorizing himthem to submit the tender signthe agreement receive money witness measurement signs measurement book compromise delete relinquish any claim or claims preferred by firm and sign No claimcertificate and refer all or disputed items to arbitration

100 The Railway reserves the right to accept a tender in whole or in part or reject any tenderor all tenders without assigning reasons for any such action

110 Negotiations with tenderer(s)

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

17

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

The Railway reserve the right to hold negotiations with lowest who should be lowestvalid eligible and technically acceptable tenderer considered for award of contractdirectly if the rates were not unreasonably high

120 Inspection of site

Before submitting a tender the tenderers will be deemed to have satisfied himself byactual inspection of the site and locality of the works that all conditions liable to beencountered during the execution of the works are taken into account and that the rates hehas entered in Schedule of quantities and Rates of the tender document are adequateand all inclusive to accord with the provision of the general and special conditions ofcontract for the completion of the works to the entire satisfaction of the Engineer Noclaim shall be entertained from the contractor for making his own arrangements forapproached roads from outside Railway land and contractor will bear entire expensessuch as road taxes payment on right of way etc to outsiders

130 Examination of Documents

The submission of the tender shall be deemed to have been done after careful study andexamination of the tender document with full understanding of the implications thereofAny clarification required by a tenderer shall be obtained from the office inviting tenderson any working day

140 Tender documents are not transferable and cost of tender document is not refundable

150 Sequence of work

151 The contractor(s) shall comply with the order of engineer in charge in regard to thesequences of tackling and progressing component parts of works

160 Preparation of PERT Chart

161 The successful tenderer within 20 days after the contract is awarded will make out adetailed PERT Chart along with detailed programme chart based on accepted schemeindicating various stages of execution method of execution and completion of work indifferent stages keeping the period of completion in view and submit the same to theengineer for the consideration and approval The above programme shall be strictlyadhered to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

18

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

10 DEFINITION AND INTERPRETATIONS

In the Contract documents the following terms shall have the meanings herein assigned to themexcept where the contract otherwise requires

11 General Manager shall be the Officer in Administrative charge of the whole of the NortheastFrontier Railway and shall mean and include the General Manager of the successor Railway andGeneral Manager (Construction) of Northeast Frontier Railway

12 Engineer shall mean the Executive Engineer in executive charge of the work and shall includethe superior Officer of the Engineering Department of the Northeast Frontier Railway ie DeputyChief Engineer (Construction)Chief Engineer (Construction) and shall mean and include theEngineer of the successor Railway

13 Construction plant shall mean all plants machinery vehicles river vessels tools equipmentappliances or things of whatsoever nature required in or about execution completion ormaintenance of the works or temporary work but does not include materials or other thingsintended to or forming part of the permanent work

14 A Day shall mean a day of 24 hours from midnight to mid night irrespective of the number ofhours worked in that day

15 A Week shall mean seven days without regard to the number of hours worked on any day inthat week

16 A ldquoMonthrdquo shall mean Gregorian Calendar Month irrespective of the number of hours workedon any day in that month

20 GENERAL

21 The Additional Special Conditions of Contract along with the Schedule of Items andApproximate Quantities General amp Standard Special Conditions of Contract ndash 2013 along withdeletion list enclosed as Annexures and Indian Railway Unified Standard SpecificationVolume-I amp II 2013 editionUSSOR Schedule of Rates (For labour amp materials) of NortheastFrontier Railway 2010 edition corrected up to date and relevant drawings with suchamendments which may be published from time to time during contract period shall constituteContract Documents and the contractor shall satisfy himselfthemselves in every respect as tothe true intent and meaning of these contract documents and to the nature extent and quality ofthe work required to be executed as no claim whatsoever arising through any misunderstandingof the intention or the meaning of any of the terms or expressions in these contract documentsshall be entertained after the submission of the tender

22 The work shall be executed in conformity with the tender documents such as the General ampStandard Special Conditions of Contract - 2013 and Indian Railway Unified StandardSpecification Volume-I amp II 2013 edition corrected up-to-date and other documents as per Para1 of Tender Form (Second Sheet) together with such amendments as may be published from timeto time and read in conjunction with the Additional Special Conditions and Special

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

19

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Specifications attached

23 In these tender documents where there is any conflict between the Additional Special Conditionsand Special Specifications on the one hand and the General Conditions of Contract and StandardSpecial Conditions-2013 and Indian Railway Unified Standard Specification Volume-I amp II2010 edition on the other the former shall prevail

30 DEVIATION

31 A Schedule of DeletionAlterations to the Standard Special Conditions of Contract of NFRailway (Engg Deptt) -2013 is enclosed as Annexure-C The items listed as deleted inAnnexure-F shall not be applicable to the tendercontract In case of alteration the item asprovided for in the Annexure-F shall be applicable to the tendercontract

32 Unless specifically provided otherwise in the Tender any and all exceptions which the Tenderermay have to any of the clauses of the Standard Special Conditions of Contract or theadditional Special Conditions of Contract if any as included in the Tender shall be clearlystated in a statement annexed to the tender and identified as Annexure-D Such exception shallbe listed in the format specified under the title Schedule of Deviations If the Tenderer has noexceptions the annexure shall be submitted with a NIL statement If the contractor does notinclude the Annexure with the Tender it shall be conclusive evidence that the Standard SpecialConditions of Contract and the additional Special Conditions of Contract withdeletionsalterations if any are entirely acceptable to the Contractor

33 Any Deviations from the Standard Special Conditions of Contract and the additional SpecialConditions of Contract if any stated by the Tenderer in his tender shall be a part of the Contractonly to such extent as have been explicitly accepted by the Railway and incorporated in theContract

40 INTENT OF PLANS SPECIFICATION AND CONTRACT DOCUMENTS

41 The work to be carried out under this contract shall except as otherwise provided in theseconditions include all labour materials (except the materials to be supplied by Railway freeof cost) construction plant equipment and transport which may be required in preparation of andfor the full and entire execution and successful completion of the works The description given inthe Schedule of works shall unless otherwise stated be held to include carriage and cartagecarrying and hoisting setting fitting and fixing in position and all other labour necessary in andfor the full and entire execution and successful completion of the works as aforesaid inaccordance with good practice and recognized principles and any urgent and temporary worksfully contingent upon the works

50 INSPECTION AND ADMISSION TO SITE

51 The Contractor shall not be permitted to enter on (other than for inspection purpose) or takepossession of the site until instructed to do so by the Engineer in writing The portion of the siteto be occupied by the contractor shall be defined andor shown in the site plan or this shall beindicated by the Engineer and the contractor shall on no account be allowed to extend hisoperation beyond these areas The contractor shall not use or allow it to be used the site soallowed to him by the Railway for any purpose other than that of executing the work Thecontractor shall make his own arrangement at his own cost for any additional land required byhim for the purpose of execution of the work

52 The Contractor shall at his own cost provide if necessary or if required on the site all temporary

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

20

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

access thereto to the satisfaction of the Engineer and shall alter adopt and maintain the same asrequired from time to time and shall take up and clear them away as and when no longer requiredand make good all damage done to the site

53 The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed tohave satisfied himself about the nature and type of work including ancillary worksnecessary for satisfactory execution of work Site accessibility availability of requiredmaterials need of suitable rollers for compaction of earthwork drying and wetting of soilbefore compactions arrangement for the testing equipment for quality control ofearthwork and concrete etc must be kept in view while quoting the rates

60 MODIFICATION OF DRAWINGS

The Railway reserves the right to altermodify the drawingsdesign to suit the site conditions Ifdue to the change in drawings or designs there is any increase or decrease in quantities in theitems of the schedule payment shall be made only for the actual quantities executed at theaccepted rates If there is sufficient ground for granting extension of the date of completion onthis account the Railway will consider such request on the merits of each individual case Suchcircumstances shall in no way affect or vitiate the contract or alter the character thereof or entitlecontractor to damages or compensation thereof

70 QUANTITIES IN SCHEDULE AND THEIR VARIATIONS

The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts

71 Individual NS items in contracts shall be operated with variation of plus or minus 25 andpayment would be made as per the agreement rate For this no finance concurrence would berequired

72 In case an increase in quantity of an individual item by more than 25 of the agreement quantityis considered unavoidable the same shall be got executed by floating a fresh tender If floating afresh tender for operating that item is considered not practicable quantity of that item may beoperated 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 theapproval of an officer of the rank not less than SA Grade

(i) Quantities operated in excess of 125 but upto 140 of the agreementquantity of the concerned item shall be paid at 98 of the rate awardedfor that item in that particular tender

(ii) Quantities operated in excess of 140 but upto 150 of the agreementquantity of the concerned item shall be paid at 96 of the rate awarded forthat item in that particular tender

(iii) Variation in quantities of individual items beyond 150 will be prohibitedand would be permitted only in exceptional unavoidable circumstanceswith the concurrence of associate finance and shall be paid at 96 of therate awarded for that item in that particulars tender

(b) The variation in quantities as per the above formula will apply only to the Individualitems of the contract and not on the overall contract value

(c ) Execution of quantities beyond 150 of the overall agreemental value should not bepermitted and if found necessary should be only through fresh tenders or bynegotiating with existing contractor with prior personal concurrence of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

21

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

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22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

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23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

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24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

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25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

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26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

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28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 7: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

30 The tender document includes various chapters drawings and annexures as enclosed which areintegral parts of the tender documents

40 Detailed information of work and conditions may be seen in the Tender Document

50 JOINT VENTURE will not be permitted in this Tender

60 VALIDITY OF TENDER = 120 days from the date of opening of Tender70 The tender documents (not transferable) can be obtained from the offices of the (i) General

ManagerCon NF Railway Maligaon Guwahati ndash 11 (ii) DyChief EngineerConNFRailway Lumding amp (iii) DyChief EngineerCon NFRailway Alipuarduar Junctionduring office hours with effect from 29-07-2016 and upto 1100 hours of 18-08-2016 onpaymentsubmission of Crossed Demand Draft drawn in favour of Financial Adviser amp ChiefAccounts OfficerCon NF Railway Maligaon Outstation firms requiring tender document bypost shall remit the sum as specified above plus ` 500- extra per tender as postal charges toreach the office of General ManagerCon NF Railway Maligaon Guwahati - 781 011 latest by1430 hrs of 18-08-2016 Railway will not be responsible for any delay damage or loss oftender documents in transit

80 Tenders will be received by the offices mentioned against Note 7 above with effect from

29-07-2016 and upto 1430 hours of 18-08-2016 and will be opened on 23-08-2016 at 1100hours at the office of General ManagerCon NF Railway Maligaon Guwahati ndash781 011 Ifthe last date of receivingopening happens to be BundhHoliday(s) the tenders will beissuedreceivedopened on the following working day as per same timings

90 (a) The tender documents will also be available in Northeast Frontier Railway constructionwebsite in wwwnfrly constructionorg during the above mentioned period and same can bedown loaded and used as tender documents for submitting the offer However the DemandDraft for the amount equivalent to the cost of tender documents as mentioned above willhave to be enclosed while submitting the tender Otherwise the tender will be summarilyrejected

(b) Railway Administration will not be responsible for any delay difficulties inaccessibility ofthe down loading facility for any reason whatsoever In case of any discrepancy between thetender documents down loaded from internet and the master copy available in the officesmentioned in (9) above the latter shall prevail and will be binding on the tenderer(s) No claim onthis account will be entertained(c)

100 Earnest Money shall have to be deposited by all tenderers Tenders not accompanied byrequisite Earnest Money shall be summarily rejected The tenderer should furnish thedetails of postal address with PIN Code along with FAX No of concerned bank from whichEMD purchased

110 All documents being submitted by the tenderer(s) along with their offer shall have to beattested by the Gazetted Officer Moreover all the documents submitted by the tendereralong with the tender document must be self attested failing which document not bearingself attested signature of the tenderer will be treated null and void and will not be takeninto consideration while deciding the tender

90 (a) निविदा दसािवज भभ उपरयक अिधव कव दौराि wwwnfrly constructionorg म पपिरवोतर सभमारवलिव निमाण िवबसाइट म उपलबव हहोगा और उस दसािवज़ कहो डााउिलहोडा ककरा जा सका ह और निविदादसािवज कव रप म इस वमाल ककरा जा सका ह हालाकक जसा कक ऊपर उललवख निविदा दसािवजज कक लाग

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

7

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

कव बराबर राशि कव शिलए डडामाडा डाफट निविदा परस य कर व समर सलगि करिा हहोगा अनरथा निविदा सरसरीौर पर खाररज कर दिदरा जाएगा(b) रवल पर ासि ककसभ भभ कारण कव शिलए िभचव लहोडा हहो रहा ह सयविवा कव ककसभ भभ दवरी कदिििाइरज अपरापराकव शिलए जजममवदार िही हहोगा इटरिवट और इसकव बाद कव ससकरण 7 म िरण कारालरज म उपलबव मासटरककॉपभ सव डााउिलहोडा निविदा दसािवज कव बभच कहोई विसगन कव मामलव म बाद अशिभभािभ हहोगभ और निविदाकार(एस) पर बाधरकारी हहोगा इस खा व पर कहोई दािा मिहोरजि िही ककरा जाएगा

100 बरािा सभभ निविदाकाओ दिारा जमा ककरा जािा हहोगा उि अपवकषि बरािा राशि कव साथ िही कर रहवह निविदाए सरसरी ौर पर असिभकार कर दिदरा जाएगा निविदाकार EMD जहो खरीदी सव सबधव बक काफकस िबर कव साथ वपि कहोडा कव डााक प व का वििरण परस य करिा चादिहए

110 सभभ दसािवजज कहो अपिव परसाि कव साथ निविदाकार (एस) दिारा परस य ककरा जा रहा राजपतरिअधवकारी दिारा सतरावप ककरा जािा ह अथबा सि-अशिभपरमारण ककरा जािा ह अनरथा इसव बानल और पनर मािा जाएगा और निविदा निणर लव व समर धराि म िही शिलरा जाएगा

JOINT VENTURE (NOT APPLICABLE)

Signature of Tenderer (s)

Contractor (s)

for Dy Chief EngineerCon NFRailwayMaligaon

ldquo BE A PARTNER IN THE TURN AROUND OF INDIAN RAILWAYSrdquo

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

8

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

(FIRST SHEET)Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

From website by

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305m CompositeGirder with Deck slab) in continuation with redesigning of existing abutment 2 of Br No47 (2x457m SteelBridge + 122m composite Girder with Deck slab) and ROB (Bow string steel Girderof 30m clear span as perlatest RDSOrsquos drg) and both approaches) over existing level crossing NoST22 at Tetelia station yardincluding foundations Sub structure Bed Blocks inspection platform Bearing etc at tetelia ndash Byrnihat NewLine National Project

Approximate Cost (Tender Value) Rs94269600ToThe President of IndiaActing Through the Chief Engineer(Con)Northeast Frontier Railway MaligaonGuwahati ndash 781 0111 IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphave read the various

conditions to tender attached here to and hereby agree to abide by the said conditions IWealso agree to keep this tender open for acceptance for a period of 120 days from the date fixedfor opening the same and in default thereof IWe will be liable for forfeiture of myourldquoEarnest Moneyrdquo IWe offer to do the work at the rates quoted in the attached Schedules andhereby bind myselfourselves to complete the work in all respects within 30 days(One month) from the date of issue of letter of acceptance of the tender

2 IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip also hereby agree to abide bythe (i) N F Railway General Conditions of Contracts and Standard Special Conditions ofContracts 2013 (ii) Unified Standard Specifications (for Works amp Matrials) 2013 (iii)Special Conditions and Specifications attached with the tender amp (iv) Unified StandardSchedule of Rates (for Works and Materials) of Northeast Frontier Railway 2013 editioncorrected up to date

3 A sum of ` 1886000 is hereby forwarded as earnest money The full value of the earnestmoney shall stand forfeited without prejudice to any other rights or remedies if

(a) IWe do not do execute the contract documents within Seven days after receipt of notice issued by the Railway that such documents are ready or(b) IWe do not commence the work within Ten days after receipt of the orders

to this effect or(c ) IWe withdraw or modify myour offer within the validity date of the tender

4 Once the acceptance of the tender is communicated to us a legal and enforceable contract comes in tobeing If in accordance with the letter of the acceptance IWe fail to commence work within theperiod stipulated in the acceptance letter and fail to execute the formal agreement IWe shall beliable for breach of the contract and the consequences of breach of any of the conditions of thecontract shall entitle Railway Administration to have workjob executed at myour risk and cost andto claim extra costexpenditure sustained by the Railway AdministrationSignature of Witness1 Address

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

9

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 AddressNORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

(TENDER FORM SECOND SHEET)Regulations for the Guidance of Tenderers

The following documents shall form part of the contract -1 (a) Tender form -FIRST AND SECOND SHEET

(b) N F Railway General Conditions of Contracts and Standard Special Conditions of Contracts2013 (ii) Indian Railway Unified Standard Specification Volume I amp II 2013 edition andUSSOR Schedule of Rates (for Labours and Materials) of Northeast Frontier Railway 2013edition corrected up to date

(c) Additional Special Conditions of Contract

(d) Special Conditions and Special Specifications for the work

(e) Schedule of items and Approximate Quantities and Abstract of Schedule of items of works andestimated cost

(f) Agreement forms

(g) Drawings

(h) Indian Railway Engg Code 2012 latest Revised Edition

2 INSTRUCTIONS TO TENDERER(S)

A Each and every page of the tender documents (purchased downloaded) are to be signed by thetenderers under seal of the participating firmtenderer before submission If the tenderersisare a partnershipJV firm it shall be signed by the authorized partner of the firm only

(i) Incomplete tenders are liable to be rejected without further correspondence

(ii) If the Tenderer(s) fail to submit the Affidavit as prescribed above alongwith histheiroffer histheir offer shall be considered incomplete and will be rejected summarily

B (i) The drawings for the works can be seen in the office of theDyChief Engineer ConstructionNortheast Frontier Railway Maligaon Guwahati - 781 011 at any time during office hours

(ii) General Conditions of Contract Standard Special Conditions of Contract 2013 and (iii) IndianRailway Unified Standard Specification Volume I amp II 2013 edition and

(iii) USSOR Schedule of Rates (for Labours and Materials) of Northeast Frontier Railway 2013edition corrected up to date can be seen in the office of the Chief EngineerConNFRailway orcan be had on payment if available

(iv) The Tenderer(s)Contractor(s) have to quote rates in figures and wordspercentage abovebelowatpar rate only in the schedule The quantities in schedule of items of work are given inAnnexuremdash I as a guide and are approximate only and are subject to variation according to theneed during execution of the work The Railway accepts no responsibility for the accuracy TheRailway does not guarantee work under the items of the schedule

(v) All documents and entries in the tender shall be either type written or in ink and in English Tendercontaining erasures additions and alterations to the tender documents are liable to be rejectedAny correction made by the Tenderer(s) in his entries must be attested by him If rates expressed

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

10

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

in figures and words do not agree then the lower of the two rates will be taken into considerationand binding on the contractor

(vi) Rates should be quoted inclusive of sales tax or any other local tax royalty etc unless specified tothe contrary in the tender documents

C Tenderers should observe the highest standard of ethics while submitting the Tender Document

(a) Railways will disqualify tenderer(s) if they have made misleading or false representation inthe form statements and attachments submitted or indulges in fraudulent and corruptpractice

i) ldquoCorrupt practicerdquo means the offering giving receiving or soliciting of anything ofvalue to influence the action of a public official in the tendering process or incontract execution and

ii) ldquoFraudulent practicerdquo means a misrepresentation of facts in order to influence andevaluation process or the execution of a contract and includes collusive practicesamong Tenderers (prior to or after Tender submission) designed to establish bid pricesat artificial non-competitive levels and to deprive the clientrsquos free and opencompetitions

(b) Further Railways may declare a Tenderer ineligible for any Railways contract if it at anytime determines that the Tenderer has engaged in corrupt or fraudulent practices incompleting for or in executing a borrowed financed contract in general or defines for thepurpose of this provision the terms set forth below as follows

i) Records of poor performance during the last 5 years as on the date of submission oftender such as abandoning the work rescinding of contract for which the reasons areattributable to the non-performance of the contractor

ii) Inordinate delays in completion consistent history of litigation awarded against thetenderercontractor or any of its constituents or financial failure due to bankruptcyetc If the Contractor has worked in a Joint Venture the rescinding of contract of aJoint Venture on account of reasons other than non-performance such as MostExperienced Partner (Lead Partner) of Joint Venture pulling out

Or

iii) Been debarred (blacklisted) by any Government agencies as on the date ofapplication

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

11

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

D DECLARATION TO BE GIVEN BY THE TENDERER(S)

IWe _____________________________________________________ declare that

(a) We have examined and have no reservations to the Tender documents Documentsincluding Addenda issued

(b) We offer to execute the Works in conformity with the Tender Documents

(c) If our tender is accepted we commit to submit Security Deposit and PerformanceGuarantee in accordance with the tender Document within the time fixed

(d) If our tender is accepted we commit to deploy minimum key personnel and equipmentsconsistent with the stipulation in the Tender Document

(e) If our Tender is accepted we commit to submit work method statements for all majoractivities and get these approved from the engineer prior to commencing work on suchactivities We also understand that the work shall be executed as per the approved methodstatements without any deviations

(f) If our tender is accepted we commit to establish Testing Laboratory at the site of workwith minimum Testing equipments indicated in the Tender Document

(g) IWe amare not banned from doing business with Railways or any other MinistryDepartment of the Govt of India State Govt from participation in tenders contract on thedate of opening of bids either in individual capacity or the JV firm or partnership firm inwhich we wereare members partners

(h) IWe are not sister concernsallied partners who were individuals or firms or partners offirms banned from doing business with Railways

(i) IWe understand and agree that if IWe were found during consideration of the tender to bea firmindividual or sisterallied concern or any individual or firms or partner of firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and ban is still in force Earnest money deposit remitted by meus will beforfeited in full

(j) IWe understand that if IWe were found during the course of execution of work to be anindividual or firm or partner or firms or sisterallied concern of any individuals or firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and the ban is still in force myour security deposit and Performance Guaranteewill be forfeited in full

(k) IWe understand that if IWe are found to be individual or firm or partner of firm orsisterallied concern of any individuals or firms banned by the Ministry of Railways or anyother Ministry Govt Department from doing business during the consideration of tenderor during the execution of work IWe are liable to be banned from doing business forfurther periods to be specified by Railways

(l) IWe are satisfying the eligibility conditions mentioned in the tender and IWe haveenclosed attested copies of documents along with the tender in support of myour claim of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

12

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfying eligibility conditions IWe understand that IWe have to produce the originaldocuments if so demanded by the Railways IWe understand that if any of the documentswere found to be bogus myour earnest money deposit (before finalisation of tender)security deposit (after awarding work) will be forfeited in full and IWe are liable to bebanned from doing business with Railways for any period to be specified by the Railwaysand also liable for legal proceedings against meus

(m) IWe have submitted full details of work on hand and progress thereon IWe understandthat if the information furnished by meus were found to be false myour tender is liable tobe rejected and Earnest money deposit in full is liable to be forfeited If it is found to befalse at any stage IWe are liable to be banned from doing business with Railways for anyperiod to be specified by Railways and also liable for legal proceedings against meus

(n) We have not made any tempering or changes in the Bidding Documents on which the Bidis being submitted and if any tampering or changes are detected at any stage weunderstand that the Bid will summarily rejected and forfeiture of Bid Security thecontract will be liable to be terminated along with forfeiture of full amount of performancesecurity even if LOA has been issued and

(o) We understand that you are not bound to accept the lowest evaluated bid or any other bidthat you may receive

(p) Iwe are not sister concernsallied partners of firmrsquos who have been found guilty in anycriminal case in the past

Name helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign the Bid for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SIGNATURE amp ADDRESS OF WITNESSES TO THE SIGNATURE OF THETENDERER(S)

WITNESSES

1 Name Signature

Address Date

2 Name Signature

Address Date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

13

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

30 SIGNING OF TENDERS

The tendererContractor shall sign each and every page of the Tender document

Any individuals signing the Tender or other documents connected therewith should specifywhether he is signing

i) As Sole Proprietor of the concern or his Attorneyor

ii) As a Partner or Partners of the Firmor

iii) For the Firm per procuration or

iv) As a Director Manager or Secretary in the case of Limited Company

31 In the case of firms not registered under the Indian Partnership Act all the partners or theattorney duly authorised by all of them should sign the tender and all other connecteddocuments The original document empowering the individual or individuals to sign theoriginal partnership deed with registration certificates if any in case the tenderer(s) is a firmand the Memorandum and Articles of Association in case the tenderer(s) is a Companyshould be furnished to the purchaser for verification if required

40 EARNEST MONEY

41 The tenderer(s) is required to deposit ` 1886000 only as earnest money for theperformance of the tender who will keep the offer open for a period of 120 days from thedate fixed for opening of tender it being clearly understood that the tenderer(s) aftersubmitting his tender will not resile from his offer or modify the rates items and conditionsthereof failing which the aforesaid amount shall be liable to be forfeited by the Railway

42 The earnest money should be in cash or Bankerrsquos ChequesDemand Drafts in favourof FAampCAOCon NFRailway executed by State Bank of India or any of theNationalized Banks or by a Scheduled Bank

43 The Earnest Money when deposited in cash should be remitted to the DivisionalCashierCONNFRailway Maligaon Guwahati-11 and the receipt obtained there-fromshould be enclosed with the tender as a proof of the deposit of the requisite earnest money

44 Bankerrsquos ChequesDemand drafts from the State Bank of India or from any of theNationalised Banks or a Schedule Banks should be drawn in favour of ldquo FinancialAdvisor amp Chief Account OfficerCONN F RailwayMaligaonrdquo and endorsedldquoAccount Payeerdquo and valid at least upto the validity of tender offer No conformationadvise from the Reserve Bank of India will be necessary

45 A tender not accompanied with requisite earnest money in the requisite manner as aforesaidwill be summarily rejected

46 Earnest money shall not be acceptable in the shape of Bank Guarantee Bond

a) If any of these instruments are found to have been drawn in favour ofpayable tothe tenderer they would be invalid and the tender submitted would be summarilyrejected

b) The name of the tenderer (party) on whose account the DD has been issued is tobe mentioned by the Banker at an appropriate place on the instrument itself

c) Government securities (Stock Certificates Bearer Bonds Promissory Notes etc)and Guarantee bonds executed by banks will not be accepted towards earnest

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

14

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

money

47 In the event of tenderer(s) defaulting in not adhering to the conditions laid down in para41 the Railway Administration shall be entitled to forfeit the full amount of earnestmoney deposited along the tender without prejudice to any other remedy available to theRailway

48 No interest will be paid on earnest money The earnest money will be refunded to theunsuccessful tenderer(s) within a reasonable period of time The earnest moneydeposited by the successful tenderer(s) will be retained towards the security deposit forthe due and faithful fulfillment of the contract but shall be forfeited if the contractor failsto execute the agreement or start the work within time schedule vide clause 3(a) 3(b) amp3(c) of Tender Form (First sheet) or a reasonable time determined by the Engineer afternotification of the acceptance of histheir tender

49 Railway shall be entitled to forfeit the earnest money specified for the particular work ifthe tenderer(s) failsfail to execute the agreement or start the work within time as perclause 48

50 CREDENTIALS (Eligibility Criteria)

51 Eligibility Criteria WILL BE AS UNDER

(A) Technical Criteria Deleted

(B) Financial Capability

Tenderer should have sufficient financial capacitycapability amp past performance to carry out theabove works which will be investigated by theTender Committee at the time of recommendingfor awarding the work

52

Tender must be enclosed in sealed cover super-scribed with Tender No and must be sentby Regd postSpeed post to the address of Chief Engineer (Construction) NFRailway Maligaon Guwahati-781 011 so as to reach this office not later than 1430hrs on 18-08-2016 or can be deposited in the Special Boxes allotted for the purpose inthe offices mentioned in the TENDER NO TENDER NODYCECONTeteliaByrnihatPreparation of GAD201635 The boxes will be sealed at 1430 hrs of18-08-2016 The tender will be opened on 23-08-2016 at 1100 hrs at General Manager(Construction)NFRailway Maligaon`s Office The tenders which are received after thesealing of the tender box are liable to be rejected

53 Non-compliance with any conditions mentioned above is liable to result in the tenderbeing rejected

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

15

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

60 Acceptance of Tender

61 The authority for the acceptance of the tender will rest with General ManagerCONN FRailway Maligaon Chief EngineerCONMaligaon Dy Chief EngineerCon of fieldunits for and on behalf of President of India who does not bind himself to accept thelowest or any other tender nor does he undertake to assign reasons for declining toconsider any particular tender or tenders No tenderer(s) shall demand any explanationon the cause of rejection of histheir tender No correspondence will be entertained withthe tenderer(s) in respect of the rejection of any or all tenders

62 Tender documents submitted by the tenderer(s) shall become the property of Railway andthe Railway shall have no obligation to return the same The cost of Tender Document isnot refundable

63 If the tenderer(s) deliberately gives wrong information in his tender the Railway reservesthe right to reject such tender at any stage

64 If a tenderer(s) expires after the submission of his tender or after the acceptance of histender the Railway shall deem such tender as cancelled If a partner of tendering firmexpires after the submission of or after acceptance of their tender the Railway shall deemsuch tender as cancelled unless the firm retains its character

65 The accepting authority reserves the right to divide the tender amongst more than onetenderers if deemed necessary and also to reject any or all tenders received withoutassigning any reason and does not bind himself to accept the lowest or any other tender

66 Conditional discounts offered by the tenderers for coverage within a shorter periodfor early inspectionpayment etc shall not be considered for evaluation of tender

70 Execution of Contract document

71 The tenderer whose tender is accepted shall be required to appear in the office of theGeneral ManagerCon in person or if a firm or corporation a duly authorisedrepresentative shall so appear to execute the contract documents within seven days afternotice to do so Failure to comply shall constitute a breach of the agreement effected bythe acceptance of the tender in which case the full value of the earnest moneyaccompanying the tender shall stand forfeited without prejudice to any other rights orremedies

72 In the event of any tenderer whose tender is accepted refusing to execute the contractdocuments as therein before provided the Railway may determine that such tenderer hasabandoned the contract and thereupon his tender and the acceptance thereof shall betreated as cancelled amp the Rly shall be entitled to forfeit the full amount of the earnestmoney and to recover the liquidated damages for such default equivalent to the amount ofPerformance Gaurantee

73 The tenderer shall keep the offer open for a minimum period of 120 days from the date ofopening of the tender within which period the tenderer cannot withdraw his offer Thisperiod may be extended further if so required by mutual agreement between the partiesfrom time to time Any contravention of this condition will make the tenderer liable forforfeiture of this security deposit

74 Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or Administrative capacity

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

16

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

or whether holding a pensionable post or not in the Engineering Department of any of theRailway onward andor administered by the President of India for the time being orshould a tenderer being partnership firm have as one of its partners a retired Engineer or aretired Gazetted Officer or should a tenderer being incorporated company have any suchretired Engineer or retired officer as one of its directors or should a tenderer have in hisemployment any retired Engineer or retired Gazetted officer as aforesaid the fullinformation to the date of retirement of such Engineer or Gazetted officer from the saidservice and in case where such Engineer or Officer had not retired from Governmentservice at least two years prior to the date of the submission of this tender as to whetherpermission for taking such contract or if the contractor be a partnership firm or anincorporated company to be one a partner or Director as the case may be or to takeemployment under the contractor has been obtained by the tenderer from the Engineer orthe officer authorized by him in this behalf shall be clearly stated in writing at the time ofsubmitting the tender Tenderers without the information above referred to or a statementto the effect that no such retired Engineer or retired Gazetted officer is so associated withthe tenderer as the case may be shall be rejected

75 Should a tenderer or contractor have a relative employed in Gazetted capacity in anydepartment of the NFRailway or in the case of partnership firm or companyincorporated under the company Law should p partner or a relative of the partner or ashare holder or a relative of a share holder be employed in Gazetted capacity in anydepartment of the NFRailway the authority inviting tender shall be informed of the factat the time of submission of tenders failing which the tender may be rejected or if suchfact subsequently comes to light the contract may be rescinded in accordance with theprovisions in Clause 62 of the General Conditions of Contract A declaration form(proforma attached) to this effect should be signed and enclosed with the tender(Annexure-B)

76 The tenderers shall clearly specify whether the tender is submitted on his behalf or onbehalf of partnership concern If the tender is submitted on behalf of partnership concernhe should submit the certified copy of partnership deed along with the tender and powerof attorney to sign the tender documents on behalf of partnership concern If thesedocuments are not enclosed along with the tender documents the tender will be treated ashaving been submitted by the person signing the tender in his individual capacity

80 The Railway will not be bound by any power of attorney granted by the tenderer or bychanges in the composition of the firm made subsequent to the execution of the contractIt may however recognize such power of attorney and changes after obtaining properlegal advise the cost of which will be chargeable to the contractor

90 If the tenderer whether a sole proprietor limited company or a partnership firm wants toact through agents or individual partnerpartners should submit along with the tender orat a later stage a power of Attorney duly stamped and authenticated by a public notary orby a Magistrate in favour of the specific persons whether hethey be partnerpartners ofthe firm or any other persons specially authorizing himthem to submit the tender signthe agreement receive money witness measurement signs measurement book compromise delete relinquish any claim or claims preferred by firm and sign No claimcertificate and refer all or disputed items to arbitration

100 The Railway reserves the right to accept a tender in whole or in part or reject any tenderor all tenders without assigning reasons for any such action

110 Negotiations with tenderer(s)

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17

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

The Railway reserve the right to hold negotiations with lowest who should be lowestvalid eligible and technically acceptable tenderer considered for award of contractdirectly if the rates were not unreasonably high

120 Inspection of site

Before submitting a tender the tenderers will be deemed to have satisfied himself byactual inspection of the site and locality of the works that all conditions liable to beencountered during the execution of the works are taken into account and that the rates hehas entered in Schedule of quantities and Rates of the tender document are adequateand all inclusive to accord with the provision of the general and special conditions ofcontract for the completion of the works to the entire satisfaction of the Engineer Noclaim shall be entertained from the contractor for making his own arrangements forapproached roads from outside Railway land and contractor will bear entire expensessuch as road taxes payment on right of way etc to outsiders

130 Examination of Documents

The submission of the tender shall be deemed to have been done after careful study andexamination of the tender document with full understanding of the implications thereofAny clarification required by a tenderer shall be obtained from the office inviting tenderson any working day

140 Tender documents are not transferable and cost of tender document is not refundable

150 Sequence of work

151 The contractor(s) shall comply with the order of engineer in charge in regard to thesequences of tackling and progressing component parts of works

160 Preparation of PERT Chart

161 The successful tenderer within 20 days after the contract is awarded will make out adetailed PERT Chart along with detailed programme chart based on accepted schemeindicating various stages of execution method of execution and completion of work indifferent stages keeping the period of completion in view and submit the same to theengineer for the consideration and approval The above programme shall be strictlyadhered to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

18

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

10 DEFINITION AND INTERPRETATIONS

In the Contract documents the following terms shall have the meanings herein assigned to themexcept where the contract otherwise requires

11 General Manager shall be the Officer in Administrative charge of the whole of the NortheastFrontier Railway and shall mean and include the General Manager of the successor Railway andGeneral Manager (Construction) of Northeast Frontier Railway

12 Engineer shall mean the Executive Engineer in executive charge of the work and shall includethe superior Officer of the Engineering Department of the Northeast Frontier Railway ie DeputyChief Engineer (Construction)Chief Engineer (Construction) and shall mean and include theEngineer of the successor Railway

13 Construction plant shall mean all plants machinery vehicles river vessels tools equipmentappliances or things of whatsoever nature required in or about execution completion ormaintenance of the works or temporary work but does not include materials or other thingsintended to or forming part of the permanent work

14 A Day shall mean a day of 24 hours from midnight to mid night irrespective of the number ofhours worked in that day

15 A Week shall mean seven days without regard to the number of hours worked on any day inthat week

16 A ldquoMonthrdquo shall mean Gregorian Calendar Month irrespective of the number of hours workedon any day in that month

20 GENERAL

21 The Additional Special Conditions of Contract along with the Schedule of Items andApproximate Quantities General amp Standard Special Conditions of Contract ndash 2013 along withdeletion list enclosed as Annexures and Indian Railway Unified Standard SpecificationVolume-I amp II 2013 editionUSSOR Schedule of Rates (For labour amp materials) of NortheastFrontier Railway 2010 edition corrected up to date and relevant drawings with suchamendments which may be published from time to time during contract period shall constituteContract Documents and the contractor shall satisfy himselfthemselves in every respect as tothe true intent and meaning of these contract documents and to the nature extent and quality ofthe work required to be executed as no claim whatsoever arising through any misunderstandingof the intention or the meaning of any of the terms or expressions in these contract documentsshall be entertained after the submission of the tender

22 The work shall be executed in conformity with the tender documents such as the General ampStandard Special Conditions of Contract - 2013 and Indian Railway Unified StandardSpecification Volume-I amp II 2013 edition corrected up-to-date and other documents as per Para1 of Tender Form (Second Sheet) together with such amendments as may be published from timeto time and read in conjunction with the Additional Special Conditions and Special

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

19

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Specifications attached

23 In these tender documents where there is any conflict between the Additional Special Conditionsand Special Specifications on the one hand and the General Conditions of Contract and StandardSpecial Conditions-2013 and Indian Railway Unified Standard Specification Volume-I amp II2010 edition on the other the former shall prevail

30 DEVIATION

31 A Schedule of DeletionAlterations to the Standard Special Conditions of Contract of NFRailway (Engg Deptt) -2013 is enclosed as Annexure-C The items listed as deleted inAnnexure-F shall not be applicable to the tendercontract In case of alteration the item asprovided for in the Annexure-F shall be applicable to the tendercontract

32 Unless specifically provided otherwise in the Tender any and all exceptions which the Tenderermay have to any of the clauses of the Standard Special Conditions of Contract or theadditional Special Conditions of Contract if any as included in the Tender shall be clearlystated in a statement annexed to the tender and identified as Annexure-D Such exception shallbe listed in the format specified under the title Schedule of Deviations If the Tenderer has noexceptions the annexure shall be submitted with a NIL statement If the contractor does notinclude the Annexure with the Tender it shall be conclusive evidence that the Standard SpecialConditions of Contract and the additional Special Conditions of Contract withdeletionsalterations if any are entirely acceptable to the Contractor

33 Any Deviations from the Standard Special Conditions of Contract and the additional SpecialConditions of Contract if any stated by the Tenderer in his tender shall be a part of the Contractonly to such extent as have been explicitly accepted by the Railway and incorporated in theContract

40 INTENT OF PLANS SPECIFICATION AND CONTRACT DOCUMENTS

41 The work to be carried out under this contract shall except as otherwise provided in theseconditions include all labour materials (except the materials to be supplied by Railway freeof cost) construction plant equipment and transport which may be required in preparation of andfor the full and entire execution and successful completion of the works The description given inthe Schedule of works shall unless otherwise stated be held to include carriage and cartagecarrying and hoisting setting fitting and fixing in position and all other labour necessary in andfor the full and entire execution and successful completion of the works as aforesaid inaccordance with good practice and recognized principles and any urgent and temporary worksfully contingent upon the works

50 INSPECTION AND ADMISSION TO SITE

51 The Contractor shall not be permitted to enter on (other than for inspection purpose) or takepossession of the site until instructed to do so by the Engineer in writing The portion of the siteto be occupied by the contractor shall be defined andor shown in the site plan or this shall beindicated by the Engineer and the contractor shall on no account be allowed to extend hisoperation beyond these areas The contractor shall not use or allow it to be used the site soallowed to him by the Railway for any purpose other than that of executing the work Thecontractor shall make his own arrangement at his own cost for any additional land required byhim for the purpose of execution of the work

52 The Contractor shall at his own cost provide if necessary or if required on the site all temporary

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

20

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

access thereto to the satisfaction of the Engineer and shall alter adopt and maintain the same asrequired from time to time and shall take up and clear them away as and when no longer requiredand make good all damage done to the site

53 The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed tohave satisfied himself about the nature and type of work including ancillary worksnecessary for satisfactory execution of work Site accessibility availability of requiredmaterials need of suitable rollers for compaction of earthwork drying and wetting of soilbefore compactions arrangement for the testing equipment for quality control ofearthwork and concrete etc must be kept in view while quoting the rates

60 MODIFICATION OF DRAWINGS

The Railway reserves the right to altermodify the drawingsdesign to suit the site conditions Ifdue to the change in drawings or designs there is any increase or decrease in quantities in theitems of the schedule payment shall be made only for the actual quantities executed at theaccepted rates If there is sufficient ground for granting extension of the date of completion onthis account the Railway will consider such request on the merits of each individual case Suchcircumstances shall in no way affect or vitiate the contract or alter the character thereof or entitlecontractor to damages or compensation thereof

70 QUANTITIES IN SCHEDULE AND THEIR VARIATIONS

The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts

71 Individual NS items in contracts shall be operated with variation of plus or minus 25 andpayment would be made as per the agreement rate For this no finance concurrence would berequired

72 In case an increase in quantity of an individual item by more than 25 of the agreement quantityis considered unavoidable the same shall be got executed by floating a fresh tender If floating afresh tender for operating that item is considered not practicable quantity of that item may beoperated 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 theapproval of an officer of the rank not less than SA Grade

(i) Quantities operated in excess of 125 but upto 140 of the agreementquantity of the concerned item shall be paid at 98 of the rate awardedfor that item in that particular tender

(ii) Quantities operated in excess of 140 but upto 150 of the agreementquantity of the concerned item shall be paid at 96 of the rate awarded forthat item in that particular tender

(iii) Variation in quantities of individual items beyond 150 will be prohibitedand would be permitted only in exceptional unavoidable circumstanceswith the concurrence of associate finance and shall be paid at 96 of therate awarded for that item in that particulars tender

(b) The variation in quantities as per the above formula will apply only to the Individualitems of the contract and not on the overall contract value

(c ) Execution of quantities beyond 150 of the overall agreemental value should not bepermitted and if found necessary should be only through fresh tenders or bynegotiating with existing contractor with prior personal concurrence of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

21

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

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22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

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23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

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25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

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26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

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33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

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34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

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38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

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39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

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40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

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41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 8: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

कव बराबर राशि कव शिलए डडामाडा डाफट निविदा परस य कर व समर सलगि करिा हहोगा अनरथा निविदा सरसरीौर पर खाररज कर दिदरा जाएगा(b) रवल पर ासि ककसभ भभ कारण कव शिलए िभचव लहोडा हहो रहा ह सयविवा कव ककसभ भभ दवरी कदिििाइरज अपरापराकव शिलए जजममवदार िही हहोगा इटरिवट और इसकव बाद कव ससकरण 7 म िरण कारालरज म उपलबव मासटरककॉपभ सव डााउिलहोडा निविदा दसािवज कव बभच कहोई विसगन कव मामलव म बाद अशिभभािभ हहोगभ और निविदाकार(एस) पर बाधरकारी हहोगा इस खा व पर कहोई दािा मिहोरजि िही ककरा जाएगा

100 बरािा सभभ निविदाकाओ दिारा जमा ककरा जािा हहोगा उि अपवकषि बरािा राशि कव साथ िही कर रहवह निविदाए सरसरी ौर पर असिभकार कर दिदरा जाएगा निविदाकार EMD जहो खरीदी सव सबधव बक काफकस िबर कव साथ वपि कहोडा कव डााक प व का वििरण परस य करिा चादिहए

110 सभभ दसािवजज कहो अपिव परसाि कव साथ निविदाकार (एस) दिारा परस य ककरा जा रहा राजपतरिअधवकारी दिारा सतरावप ककरा जािा ह अथबा सि-अशिभपरमारण ककरा जािा ह अनरथा इसव बानल और पनर मािा जाएगा और निविदा निणर लव व समर धराि म िही शिलरा जाएगा

JOINT VENTURE (NOT APPLICABLE)

Signature of Tenderer (s)

Contractor (s)

for Dy Chief EngineerCon NFRailwayMaligaon

ldquo BE A PARTNER IN THE TURN AROUND OF INDIAN RAILWAYSrdquo

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

8

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

(FIRST SHEET)Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

From website by

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305m CompositeGirder with Deck slab) in continuation with redesigning of existing abutment 2 of Br No47 (2x457m SteelBridge + 122m composite Girder with Deck slab) and ROB (Bow string steel Girderof 30m clear span as perlatest RDSOrsquos drg) and both approaches) over existing level crossing NoST22 at Tetelia station yardincluding foundations Sub structure Bed Blocks inspection platform Bearing etc at tetelia ndash Byrnihat NewLine National Project

Approximate Cost (Tender Value) Rs94269600ToThe President of IndiaActing Through the Chief Engineer(Con)Northeast Frontier Railway MaligaonGuwahati ndash 781 0111 IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphave read the various

conditions to tender attached here to and hereby agree to abide by the said conditions IWealso agree to keep this tender open for acceptance for a period of 120 days from the date fixedfor opening the same and in default thereof IWe will be liable for forfeiture of myourldquoEarnest Moneyrdquo IWe offer to do the work at the rates quoted in the attached Schedules andhereby bind myselfourselves to complete the work in all respects within 30 days(One month) from the date of issue of letter of acceptance of the tender

2 IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip also hereby agree to abide bythe (i) N F Railway General Conditions of Contracts and Standard Special Conditions ofContracts 2013 (ii) Unified Standard Specifications (for Works amp Matrials) 2013 (iii)Special Conditions and Specifications attached with the tender amp (iv) Unified StandardSchedule of Rates (for Works and Materials) of Northeast Frontier Railway 2013 editioncorrected up to date

3 A sum of ` 1886000 is hereby forwarded as earnest money The full value of the earnestmoney shall stand forfeited without prejudice to any other rights or remedies if

(a) IWe do not do execute the contract documents within Seven days after receipt of notice issued by the Railway that such documents are ready or(b) IWe do not commence the work within Ten days after receipt of the orders

to this effect or(c ) IWe withdraw or modify myour offer within the validity date of the tender

4 Once the acceptance of the tender is communicated to us a legal and enforceable contract comes in tobeing If in accordance with the letter of the acceptance IWe fail to commence work within theperiod stipulated in the acceptance letter and fail to execute the formal agreement IWe shall beliable for breach of the contract and the consequences of breach of any of the conditions of thecontract shall entitle Railway Administration to have workjob executed at myour risk and cost andto claim extra costexpenditure sustained by the Railway AdministrationSignature of Witness1 Address

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

9

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 AddressNORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

(TENDER FORM SECOND SHEET)Regulations for the Guidance of Tenderers

The following documents shall form part of the contract -1 (a) Tender form -FIRST AND SECOND SHEET

(b) N F Railway General Conditions of Contracts and Standard Special Conditions of Contracts2013 (ii) Indian Railway Unified Standard Specification Volume I amp II 2013 edition andUSSOR Schedule of Rates (for Labours and Materials) of Northeast Frontier Railway 2013edition corrected up to date

(c) Additional Special Conditions of Contract

(d) Special Conditions and Special Specifications for the work

(e) Schedule of items and Approximate Quantities and Abstract of Schedule of items of works andestimated cost

(f) Agreement forms

(g) Drawings

(h) Indian Railway Engg Code 2012 latest Revised Edition

2 INSTRUCTIONS TO TENDERER(S)

A Each and every page of the tender documents (purchased downloaded) are to be signed by thetenderers under seal of the participating firmtenderer before submission If the tenderersisare a partnershipJV firm it shall be signed by the authorized partner of the firm only

(i) Incomplete tenders are liable to be rejected without further correspondence

(ii) If the Tenderer(s) fail to submit the Affidavit as prescribed above alongwith histheiroffer histheir offer shall be considered incomplete and will be rejected summarily

B (i) The drawings for the works can be seen in the office of theDyChief Engineer ConstructionNortheast Frontier Railway Maligaon Guwahati - 781 011 at any time during office hours

(ii) General Conditions of Contract Standard Special Conditions of Contract 2013 and (iii) IndianRailway Unified Standard Specification Volume I amp II 2013 edition and

(iii) USSOR Schedule of Rates (for Labours and Materials) of Northeast Frontier Railway 2013edition corrected up to date can be seen in the office of the Chief EngineerConNFRailway orcan be had on payment if available

(iv) The Tenderer(s)Contractor(s) have to quote rates in figures and wordspercentage abovebelowatpar rate only in the schedule The quantities in schedule of items of work are given inAnnexuremdash I as a guide and are approximate only and are subject to variation according to theneed during execution of the work The Railway accepts no responsibility for the accuracy TheRailway does not guarantee work under the items of the schedule

(v) All documents and entries in the tender shall be either type written or in ink and in English Tendercontaining erasures additions and alterations to the tender documents are liable to be rejectedAny correction made by the Tenderer(s) in his entries must be attested by him If rates expressed

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

10

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

in figures and words do not agree then the lower of the two rates will be taken into considerationand binding on the contractor

(vi) Rates should be quoted inclusive of sales tax or any other local tax royalty etc unless specified tothe contrary in the tender documents

C Tenderers should observe the highest standard of ethics while submitting the Tender Document

(a) Railways will disqualify tenderer(s) if they have made misleading or false representation inthe form statements and attachments submitted or indulges in fraudulent and corruptpractice

i) ldquoCorrupt practicerdquo means the offering giving receiving or soliciting of anything ofvalue to influence the action of a public official in the tendering process or incontract execution and

ii) ldquoFraudulent practicerdquo means a misrepresentation of facts in order to influence andevaluation process or the execution of a contract and includes collusive practicesamong Tenderers (prior to or after Tender submission) designed to establish bid pricesat artificial non-competitive levels and to deprive the clientrsquos free and opencompetitions

(b) Further Railways may declare a Tenderer ineligible for any Railways contract if it at anytime determines that the Tenderer has engaged in corrupt or fraudulent practices incompleting for or in executing a borrowed financed contract in general or defines for thepurpose of this provision the terms set forth below as follows

i) Records of poor performance during the last 5 years as on the date of submission oftender such as abandoning the work rescinding of contract for which the reasons areattributable to the non-performance of the contractor

ii) Inordinate delays in completion consistent history of litigation awarded against thetenderercontractor or any of its constituents or financial failure due to bankruptcyetc If the Contractor has worked in a Joint Venture the rescinding of contract of aJoint Venture on account of reasons other than non-performance such as MostExperienced Partner (Lead Partner) of Joint Venture pulling out

Or

iii) Been debarred (blacklisted) by any Government agencies as on the date ofapplication

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

11

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

D DECLARATION TO BE GIVEN BY THE TENDERER(S)

IWe _____________________________________________________ declare that

(a) We have examined and have no reservations to the Tender documents Documentsincluding Addenda issued

(b) We offer to execute the Works in conformity with the Tender Documents

(c) If our tender is accepted we commit to submit Security Deposit and PerformanceGuarantee in accordance with the tender Document within the time fixed

(d) If our tender is accepted we commit to deploy minimum key personnel and equipmentsconsistent with the stipulation in the Tender Document

(e) If our Tender is accepted we commit to submit work method statements for all majoractivities and get these approved from the engineer prior to commencing work on suchactivities We also understand that the work shall be executed as per the approved methodstatements without any deviations

(f) If our tender is accepted we commit to establish Testing Laboratory at the site of workwith minimum Testing equipments indicated in the Tender Document

(g) IWe amare not banned from doing business with Railways or any other MinistryDepartment of the Govt of India State Govt from participation in tenders contract on thedate of opening of bids either in individual capacity or the JV firm or partnership firm inwhich we wereare members partners

(h) IWe are not sister concernsallied partners who were individuals or firms or partners offirms banned from doing business with Railways

(i) IWe understand and agree that if IWe were found during consideration of the tender to bea firmindividual or sisterallied concern or any individual or firms or partner of firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and ban is still in force Earnest money deposit remitted by meus will beforfeited in full

(j) IWe understand that if IWe were found during the course of execution of work to be anindividual or firm or partner or firms or sisterallied concern of any individuals or firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and the ban is still in force myour security deposit and Performance Guaranteewill be forfeited in full

(k) IWe understand that if IWe are found to be individual or firm or partner of firm orsisterallied concern of any individuals or firms banned by the Ministry of Railways or anyother Ministry Govt Department from doing business during the consideration of tenderor during the execution of work IWe are liable to be banned from doing business forfurther periods to be specified by Railways

(l) IWe are satisfying the eligibility conditions mentioned in the tender and IWe haveenclosed attested copies of documents along with the tender in support of myour claim of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

12

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfying eligibility conditions IWe understand that IWe have to produce the originaldocuments if so demanded by the Railways IWe understand that if any of the documentswere found to be bogus myour earnest money deposit (before finalisation of tender)security deposit (after awarding work) will be forfeited in full and IWe are liable to bebanned from doing business with Railways for any period to be specified by the Railwaysand also liable for legal proceedings against meus

(m) IWe have submitted full details of work on hand and progress thereon IWe understandthat if the information furnished by meus were found to be false myour tender is liable tobe rejected and Earnest money deposit in full is liable to be forfeited If it is found to befalse at any stage IWe are liable to be banned from doing business with Railways for anyperiod to be specified by Railways and also liable for legal proceedings against meus

(n) We have not made any tempering or changes in the Bidding Documents on which the Bidis being submitted and if any tampering or changes are detected at any stage weunderstand that the Bid will summarily rejected and forfeiture of Bid Security thecontract will be liable to be terminated along with forfeiture of full amount of performancesecurity even if LOA has been issued and

(o) We understand that you are not bound to accept the lowest evaluated bid or any other bidthat you may receive

(p) Iwe are not sister concernsallied partners of firmrsquos who have been found guilty in anycriminal case in the past

Name helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign the Bid for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SIGNATURE amp ADDRESS OF WITNESSES TO THE SIGNATURE OF THETENDERER(S)

WITNESSES

1 Name Signature

Address Date

2 Name Signature

Address Date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

13

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

30 SIGNING OF TENDERS

The tendererContractor shall sign each and every page of the Tender document

Any individuals signing the Tender or other documents connected therewith should specifywhether he is signing

i) As Sole Proprietor of the concern or his Attorneyor

ii) As a Partner or Partners of the Firmor

iii) For the Firm per procuration or

iv) As a Director Manager or Secretary in the case of Limited Company

31 In the case of firms not registered under the Indian Partnership Act all the partners or theattorney duly authorised by all of them should sign the tender and all other connecteddocuments The original document empowering the individual or individuals to sign theoriginal partnership deed with registration certificates if any in case the tenderer(s) is a firmand the Memorandum and Articles of Association in case the tenderer(s) is a Companyshould be furnished to the purchaser for verification if required

40 EARNEST MONEY

41 The tenderer(s) is required to deposit ` 1886000 only as earnest money for theperformance of the tender who will keep the offer open for a period of 120 days from thedate fixed for opening of tender it being clearly understood that the tenderer(s) aftersubmitting his tender will not resile from his offer or modify the rates items and conditionsthereof failing which the aforesaid amount shall be liable to be forfeited by the Railway

42 The earnest money should be in cash or Bankerrsquos ChequesDemand Drafts in favourof FAampCAOCon NFRailway executed by State Bank of India or any of theNationalized Banks or by a Scheduled Bank

43 The Earnest Money when deposited in cash should be remitted to the DivisionalCashierCONNFRailway Maligaon Guwahati-11 and the receipt obtained there-fromshould be enclosed with the tender as a proof of the deposit of the requisite earnest money

44 Bankerrsquos ChequesDemand drafts from the State Bank of India or from any of theNationalised Banks or a Schedule Banks should be drawn in favour of ldquo FinancialAdvisor amp Chief Account OfficerCONN F RailwayMaligaonrdquo and endorsedldquoAccount Payeerdquo and valid at least upto the validity of tender offer No conformationadvise from the Reserve Bank of India will be necessary

45 A tender not accompanied with requisite earnest money in the requisite manner as aforesaidwill be summarily rejected

46 Earnest money shall not be acceptable in the shape of Bank Guarantee Bond

a) If any of these instruments are found to have been drawn in favour ofpayable tothe tenderer they would be invalid and the tender submitted would be summarilyrejected

b) The name of the tenderer (party) on whose account the DD has been issued is tobe mentioned by the Banker at an appropriate place on the instrument itself

c) Government securities (Stock Certificates Bearer Bonds Promissory Notes etc)and Guarantee bonds executed by banks will not be accepted towards earnest

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

14

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

money

47 In the event of tenderer(s) defaulting in not adhering to the conditions laid down in para41 the Railway Administration shall be entitled to forfeit the full amount of earnestmoney deposited along the tender without prejudice to any other remedy available to theRailway

48 No interest will be paid on earnest money The earnest money will be refunded to theunsuccessful tenderer(s) within a reasonable period of time The earnest moneydeposited by the successful tenderer(s) will be retained towards the security deposit forthe due and faithful fulfillment of the contract but shall be forfeited if the contractor failsto execute the agreement or start the work within time schedule vide clause 3(a) 3(b) amp3(c) of Tender Form (First sheet) or a reasonable time determined by the Engineer afternotification of the acceptance of histheir tender

49 Railway shall be entitled to forfeit the earnest money specified for the particular work ifthe tenderer(s) failsfail to execute the agreement or start the work within time as perclause 48

50 CREDENTIALS (Eligibility Criteria)

51 Eligibility Criteria WILL BE AS UNDER

(A) Technical Criteria Deleted

(B) Financial Capability

Tenderer should have sufficient financial capacitycapability amp past performance to carry out theabove works which will be investigated by theTender Committee at the time of recommendingfor awarding the work

52

Tender must be enclosed in sealed cover super-scribed with Tender No and must be sentby Regd postSpeed post to the address of Chief Engineer (Construction) NFRailway Maligaon Guwahati-781 011 so as to reach this office not later than 1430hrs on 18-08-2016 or can be deposited in the Special Boxes allotted for the purpose inthe offices mentioned in the TENDER NO TENDER NODYCECONTeteliaByrnihatPreparation of GAD201635 The boxes will be sealed at 1430 hrs of18-08-2016 The tender will be opened on 23-08-2016 at 1100 hrs at General Manager(Construction)NFRailway Maligaon`s Office The tenders which are received after thesealing of the tender box are liable to be rejected

53 Non-compliance with any conditions mentioned above is liable to result in the tenderbeing rejected

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

15

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

60 Acceptance of Tender

61 The authority for the acceptance of the tender will rest with General ManagerCONN FRailway Maligaon Chief EngineerCONMaligaon Dy Chief EngineerCon of fieldunits for and on behalf of President of India who does not bind himself to accept thelowest or any other tender nor does he undertake to assign reasons for declining toconsider any particular tender or tenders No tenderer(s) shall demand any explanationon the cause of rejection of histheir tender No correspondence will be entertained withthe tenderer(s) in respect of the rejection of any or all tenders

62 Tender documents submitted by the tenderer(s) shall become the property of Railway andthe Railway shall have no obligation to return the same The cost of Tender Document isnot refundable

63 If the tenderer(s) deliberately gives wrong information in his tender the Railway reservesthe right to reject such tender at any stage

64 If a tenderer(s) expires after the submission of his tender or after the acceptance of histender the Railway shall deem such tender as cancelled If a partner of tendering firmexpires after the submission of or after acceptance of their tender the Railway shall deemsuch tender as cancelled unless the firm retains its character

65 The accepting authority reserves the right to divide the tender amongst more than onetenderers if deemed necessary and also to reject any or all tenders received withoutassigning any reason and does not bind himself to accept the lowest or any other tender

66 Conditional discounts offered by the tenderers for coverage within a shorter periodfor early inspectionpayment etc shall not be considered for evaluation of tender

70 Execution of Contract document

71 The tenderer whose tender is accepted shall be required to appear in the office of theGeneral ManagerCon in person or if a firm or corporation a duly authorisedrepresentative shall so appear to execute the contract documents within seven days afternotice to do so Failure to comply shall constitute a breach of the agreement effected bythe acceptance of the tender in which case the full value of the earnest moneyaccompanying the tender shall stand forfeited without prejudice to any other rights orremedies

72 In the event of any tenderer whose tender is accepted refusing to execute the contractdocuments as therein before provided the Railway may determine that such tenderer hasabandoned the contract and thereupon his tender and the acceptance thereof shall betreated as cancelled amp the Rly shall be entitled to forfeit the full amount of the earnestmoney and to recover the liquidated damages for such default equivalent to the amount ofPerformance Gaurantee

73 The tenderer shall keep the offer open for a minimum period of 120 days from the date ofopening of the tender within which period the tenderer cannot withdraw his offer Thisperiod may be extended further if so required by mutual agreement between the partiesfrom time to time Any contravention of this condition will make the tenderer liable forforfeiture of this security deposit

74 Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or Administrative capacity

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

16

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

or whether holding a pensionable post or not in the Engineering Department of any of theRailway onward andor administered by the President of India for the time being orshould a tenderer being partnership firm have as one of its partners a retired Engineer or aretired Gazetted Officer or should a tenderer being incorporated company have any suchretired Engineer or retired officer as one of its directors or should a tenderer have in hisemployment any retired Engineer or retired Gazetted officer as aforesaid the fullinformation to the date of retirement of such Engineer or Gazetted officer from the saidservice and in case where such Engineer or Officer had not retired from Governmentservice at least two years prior to the date of the submission of this tender as to whetherpermission for taking such contract or if the contractor be a partnership firm or anincorporated company to be one a partner or Director as the case may be or to takeemployment under the contractor has been obtained by the tenderer from the Engineer orthe officer authorized by him in this behalf shall be clearly stated in writing at the time ofsubmitting the tender Tenderers without the information above referred to or a statementto the effect that no such retired Engineer or retired Gazetted officer is so associated withthe tenderer as the case may be shall be rejected

75 Should a tenderer or contractor have a relative employed in Gazetted capacity in anydepartment of the NFRailway or in the case of partnership firm or companyincorporated under the company Law should p partner or a relative of the partner or ashare holder or a relative of a share holder be employed in Gazetted capacity in anydepartment of the NFRailway the authority inviting tender shall be informed of the factat the time of submission of tenders failing which the tender may be rejected or if suchfact subsequently comes to light the contract may be rescinded in accordance with theprovisions in Clause 62 of the General Conditions of Contract A declaration form(proforma attached) to this effect should be signed and enclosed with the tender(Annexure-B)

76 The tenderers shall clearly specify whether the tender is submitted on his behalf or onbehalf of partnership concern If the tender is submitted on behalf of partnership concernhe should submit the certified copy of partnership deed along with the tender and powerof attorney to sign the tender documents on behalf of partnership concern If thesedocuments are not enclosed along with the tender documents the tender will be treated ashaving been submitted by the person signing the tender in his individual capacity

80 The Railway will not be bound by any power of attorney granted by the tenderer or bychanges in the composition of the firm made subsequent to the execution of the contractIt may however recognize such power of attorney and changes after obtaining properlegal advise the cost of which will be chargeable to the contractor

90 If the tenderer whether a sole proprietor limited company or a partnership firm wants toact through agents or individual partnerpartners should submit along with the tender orat a later stage a power of Attorney duly stamped and authenticated by a public notary orby a Magistrate in favour of the specific persons whether hethey be partnerpartners ofthe firm or any other persons specially authorizing himthem to submit the tender signthe agreement receive money witness measurement signs measurement book compromise delete relinquish any claim or claims preferred by firm and sign No claimcertificate and refer all or disputed items to arbitration

100 The Railway reserves the right to accept a tender in whole or in part or reject any tenderor all tenders without assigning reasons for any such action

110 Negotiations with tenderer(s)

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

17

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

The Railway reserve the right to hold negotiations with lowest who should be lowestvalid eligible and technically acceptable tenderer considered for award of contractdirectly if the rates were not unreasonably high

120 Inspection of site

Before submitting a tender the tenderers will be deemed to have satisfied himself byactual inspection of the site and locality of the works that all conditions liable to beencountered during the execution of the works are taken into account and that the rates hehas entered in Schedule of quantities and Rates of the tender document are adequateand all inclusive to accord with the provision of the general and special conditions ofcontract for the completion of the works to the entire satisfaction of the Engineer Noclaim shall be entertained from the contractor for making his own arrangements forapproached roads from outside Railway land and contractor will bear entire expensessuch as road taxes payment on right of way etc to outsiders

130 Examination of Documents

The submission of the tender shall be deemed to have been done after careful study andexamination of the tender document with full understanding of the implications thereofAny clarification required by a tenderer shall be obtained from the office inviting tenderson any working day

140 Tender documents are not transferable and cost of tender document is not refundable

150 Sequence of work

151 The contractor(s) shall comply with the order of engineer in charge in regard to thesequences of tackling and progressing component parts of works

160 Preparation of PERT Chart

161 The successful tenderer within 20 days after the contract is awarded will make out adetailed PERT Chart along with detailed programme chart based on accepted schemeindicating various stages of execution method of execution and completion of work indifferent stages keeping the period of completion in view and submit the same to theengineer for the consideration and approval The above programme shall be strictlyadhered to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

18

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

10 DEFINITION AND INTERPRETATIONS

In the Contract documents the following terms shall have the meanings herein assigned to themexcept where the contract otherwise requires

11 General Manager shall be the Officer in Administrative charge of the whole of the NortheastFrontier Railway and shall mean and include the General Manager of the successor Railway andGeneral Manager (Construction) of Northeast Frontier Railway

12 Engineer shall mean the Executive Engineer in executive charge of the work and shall includethe superior Officer of the Engineering Department of the Northeast Frontier Railway ie DeputyChief Engineer (Construction)Chief Engineer (Construction) and shall mean and include theEngineer of the successor Railway

13 Construction plant shall mean all plants machinery vehicles river vessels tools equipmentappliances or things of whatsoever nature required in or about execution completion ormaintenance of the works or temporary work but does not include materials or other thingsintended to or forming part of the permanent work

14 A Day shall mean a day of 24 hours from midnight to mid night irrespective of the number ofhours worked in that day

15 A Week shall mean seven days without regard to the number of hours worked on any day inthat week

16 A ldquoMonthrdquo shall mean Gregorian Calendar Month irrespective of the number of hours workedon any day in that month

20 GENERAL

21 The Additional Special Conditions of Contract along with the Schedule of Items andApproximate Quantities General amp Standard Special Conditions of Contract ndash 2013 along withdeletion list enclosed as Annexures and Indian Railway Unified Standard SpecificationVolume-I amp II 2013 editionUSSOR Schedule of Rates (For labour amp materials) of NortheastFrontier Railway 2010 edition corrected up to date and relevant drawings with suchamendments which may be published from time to time during contract period shall constituteContract Documents and the contractor shall satisfy himselfthemselves in every respect as tothe true intent and meaning of these contract documents and to the nature extent and quality ofthe work required to be executed as no claim whatsoever arising through any misunderstandingof the intention or the meaning of any of the terms or expressions in these contract documentsshall be entertained after the submission of the tender

22 The work shall be executed in conformity with the tender documents such as the General ampStandard Special Conditions of Contract - 2013 and Indian Railway Unified StandardSpecification Volume-I amp II 2013 edition corrected up-to-date and other documents as per Para1 of Tender Form (Second Sheet) together with such amendments as may be published from timeto time and read in conjunction with the Additional Special Conditions and Special

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

19

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Specifications attached

23 In these tender documents where there is any conflict between the Additional Special Conditionsand Special Specifications on the one hand and the General Conditions of Contract and StandardSpecial Conditions-2013 and Indian Railway Unified Standard Specification Volume-I amp II2010 edition on the other the former shall prevail

30 DEVIATION

31 A Schedule of DeletionAlterations to the Standard Special Conditions of Contract of NFRailway (Engg Deptt) -2013 is enclosed as Annexure-C The items listed as deleted inAnnexure-F shall not be applicable to the tendercontract In case of alteration the item asprovided for in the Annexure-F shall be applicable to the tendercontract

32 Unless specifically provided otherwise in the Tender any and all exceptions which the Tenderermay have to any of the clauses of the Standard Special Conditions of Contract or theadditional Special Conditions of Contract if any as included in the Tender shall be clearlystated in a statement annexed to the tender and identified as Annexure-D Such exception shallbe listed in the format specified under the title Schedule of Deviations If the Tenderer has noexceptions the annexure shall be submitted with a NIL statement If the contractor does notinclude the Annexure with the Tender it shall be conclusive evidence that the Standard SpecialConditions of Contract and the additional Special Conditions of Contract withdeletionsalterations if any are entirely acceptable to the Contractor

33 Any Deviations from the Standard Special Conditions of Contract and the additional SpecialConditions of Contract if any stated by the Tenderer in his tender shall be a part of the Contractonly to such extent as have been explicitly accepted by the Railway and incorporated in theContract

40 INTENT OF PLANS SPECIFICATION AND CONTRACT DOCUMENTS

41 The work to be carried out under this contract shall except as otherwise provided in theseconditions include all labour materials (except the materials to be supplied by Railway freeof cost) construction plant equipment and transport which may be required in preparation of andfor the full and entire execution and successful completion of the works The description given inthe Schedule of works shall unless otherwise stated be held to include carriage and cartagecarrying and hoisting setting fitting and fixing in position and all other labour necessary in andfor the full and entire execution and successful completion of the works as aforesaid inaccordance with good practice and recognized principles and any urgent and temporary worksfully contingent upon the works

50 INSPECTION AND ADMISSION TO SITE

51 The Contractor shall not be permitted to enter on (other than for inspection purpose) or takepossession of the site until instructed to do so by the Engineer in writing The portion of the siteto be occupied by the contractor shall be defined andor shown in the site plan or this shall beindicated by the Engineer and the contractor shall on no account be allowed to extend hisoperation beyond these areas The contractor shall not use or allow it to be used the site soallowed to him by the Railway for any purpose other than that of executing the work Thecontractor shall make his own arrangement at his own cost for any additional land required byhim for the purpose of execution of the work

52 The Contractor shall at his own cost provide if necessary or if required on the site all temporary

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

20

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

access thereto to the satisfaction of the Engineer and shall alter adopt and maintain the same asrequired from time to time and shall take up and clear them away as and when no longer requiredand make good all damage done to the site

53 The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed tohave satisfied himself about the nature and type of work including ancillary worksnecessary for satisfactory execution of work Site accessibility availability of requiredmaterials need of suitable rollers for compaction of earthwork drying and wetting of soilbefore compactions arrangement for the testing equipment for quality control ofearthwork and concrete etc must be kept in view while quoting the rates

60 MODIFICATION OF DRAWINGS

The Railway reserves the right to altermodify the drawingsdesign to suit the site conditions Ifdue to the change in drawings or designs there is any increase or decrease in quantities in theitems of the schedule payment shall be made only for the actual quantities executed at theaccepted rates If there is sufficient ground for granting extension of the date of completion onthis account the Railway will consider such request on the merits of each individual case Suchcircumstances shall in no way affect or vitiate the contract or alter the character thereof or entitlecontractor to damages or compensation thereof

70 QUANTITIES IN SCHEDULE AND THEIR VARIATIONS

The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts

71 Individual NS items in contracts shall be operated with variation of plus or minus 25 andpayment would be made as per the agreement rate For this no finance concurrence would berequired

72 In case an increase in quantity of an individual item by more than 25 of the agreement quantityis considered unavoidable the same shall be got executed by floating a fresh tender If floating afresh tender for operating that item is considered not practicable quantity of that item may beoperated 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 theapproval of an officer of the rank not less than SA Grade

(i) Quantities operated in excess of 125 but upto 140 of the agreementquantity of the concerned item shall be paid at 98 of the rate awardedfor that item in that particular tender

(ii) Quantities operated in excess of 140 but upto 150 of the agreementquantity of the concerned item shall be paid at 96 of the rate awarded forthat item in that particular tender

(iii) Variation in quantities of individual items beyond 150 will be prohibitedand would be permitted only in exceptional unavoidable circumstanceswith the concurrence of associate finance and shall be paid at 96 of therate awarded for that item in that particulars tender

(b) The variation in quantities as per the above formula will apply only to the Individualitems of the contract and not on the overall contract value

(c ) Execution of quantities beyond 150 of the overall agreemental value should not bepermitted and if found necessary should be only through fresh tenders or bynegotiating with existing contractor with prior personal concurrence of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

21

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

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25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

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26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

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28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 9: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

(FIRST SHEET)Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

From website by

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305m CompositeGirder with Deck slab) in continuation with redesigning of existing abutment 2 of Br No47 (2x457m SteelBridge + 122m composite Girder with Deck slab) and ROB (Bow string steel Girderof 30m clear span as perlatest RDSOrsquos drg) and both approaches) over existing level crossing NoST22 at Tetelia station yardincluding foundations Sub structure Bed Blocks inspection platform Bearing etc at tetelia ndash Byrnihat NewLine National Project

Approximate Cost (Tender Value) Rs94269600ToThe President of IndiaActing Through the Chief Engineer(Con)Northeast Frontier Railway MaligaonGuwahati ndash 781 0111 IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphave read the various

conditions to tender attached here to and hereby agree to abide by the said conditions IWealso agree to keep this tender open for acceptance for a period of 120 days from the date fixedfor opening the same and in default thereof IWe will be liable for forfeiture of myourldquoEarnest Moneyrdquo IWe offer to do the work at the rates quoted in the attached Schedules andhereby bind myselfourselves to complete the work in all respects within 30 days(One month) from the date of issue of letter of acceptance of the tender

2 IWe helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip also hereby agree to abide bythe (i) N F Railway General Conditions of Contracts and Standard Special Conditions ofContracts 2013 (ii) Unified Standard Specifications (for Works amp Matrials) 2013 (iii)Special Conditions and Specifications attached with the tender amp (iv) Unified StandardSchedule of Rates (for Works and Materials) of Northeast Frontier Railway 2013 editioncorrected up to date

3 A sum of ` 1886000 is hereby forwarded as earnest money The full value of the earnestmoney shall stand forfeited without prejudice to any other rights or remedies if

(a) IWe do not do execute the contract documents within Seven days after receipt of notice issued by the Railway that such documents are ready or(b) IWe do not commence the work within Ten days after receipt of the orders

to this effect or(c ) IWe withdraw or modify myour offer within the validity date of the tender

4 Once the acceptance of the tender is communicated to us a legal and enforceable contract comes in tobeing If in accordance with the letter of the acceptance IWe fail to commence work within theperiod stipulated in the acceptance letter and fail to execute the formal agreement IWe shall beliable for breach of the contract and the consequences of breach of any of the conditions of thecontract shall entitle Railway Administration to have workjob executed at myour risk and cost andto claim extra costexpenditure sustained by the Railway AdministrationSignature of Witness1 Address

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

9

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 AddressNORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

(TENDER FORM SECOND SHEET)Regulations for the Guidance of Tenderers

The following documents shall form part of the contract -1 (a) Tender form -FIRST AND SECOND SHEET

(b) N F Railway General Conditions of Contracts and Standard Special Conditions of Contracts2013 (ii) Indian Railway Unified Standard Specification Volume I amp II 2013 edition andUSSOR Schedule of Rates (for Labours and Materials) of Northeast Frontier Railway 2013edition corrected up to date

(c) Additional Special Conditions of Contract

(d) Special Conditions and Special Specifications for the work

(e) Schedule of items and Approximate Quantities and Abstract of Schedule of items of works andestimated cost

(f) Agreement forms

(g) Drawings

(h) Indian Railway Engg Code 2012 latest Revised Edition

2 INSTRUCTIONS TO TENDERER(S)

A Each and every page of the tender documents (purchased downloaded) are to be signed by thetenderers under seal of the participating firmtenderer before submission If the tenderersisare a partnershipJV firm it shall be signed by the authorized partner of the firm only

(i) Incomplete tenders are liable to be rejected without further correspondence

(ii) If the Tenderer(s) fail to submit the Affidavit as prescribed above alongwith histheiroffer histheir offer shall be considered incomplete and will be rejected summarily

B (i) The drawings for the works can be seen in the office of theDyChief Engineer ConstructionNortheast Frontier Railway Maligaon Guwahati - 781 011 at any time during office hours

(ii) General Conditions of Contract Standard Special Conditions of Contract 2013 and (iii) IndianRailway Unified Standard Specification Volume I amp II 2013 edition and

(iii) USSOR Schedule of Rates (for Labours and Materials) of Northeast Frontier Railway 2013edition corrected up to date can be seen in the office of the Chief EngineerConNFRailway orcan be had on payment if available

(iv) The Tenderer(s)Contractor(s) have to quote rates in figures and wordspercentage abovebelowatpar rate only in the schedule The quantities in schedule of items of work are given inAnnexuremdash I as a guide and are approximate only and are subject to variation according to theneed during execution of the work The Railway accepts no responsibility for the accuracy TheRailway does not guarantee work under the items of the schedule

(v) All documents and entries in the tender shall be either type written or in ink and in English Tendercontaining erasures additions and alterations to the tender documents are liable to be rejectedAny correction made by the Tenderer(s) in his entries must be attested by him If rates expressed

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

10

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

in figures and words do not agree then the lower of the two rates will be taken into considerationand binding on the contractor

(vi) Rates should be quoted inclusive of sales tax or any other local tax royalty etc unless specified tothe contrary in the tender documents

C Tenderers should observe the highest standard of ethics while submitting the Tender Document

(a) Railways will disqualify tenderer(s) if they have made misleading or false representation inthe form statements and attachments submitted or indulges in fraudulent and corruptpractice

i) ldquoCorrupt practicerdquo means the offering giving receiving or soliciting of anything ofvalue to influence the action of a public official in the tendering process or incontract execution and

ii) ldquoFraudulent practicerdquo means a misrepresentation of facts in order to influence andevaluation process or the execution of a contract and includes collusive practicesamong Tenderers (prior to or after Tender submission) designed to establish bid pricesat artificial non-competitive levels and to deprive the clientrsquos free and opencompetitions

(b) Further Railways may declare a Tenderer ineligible for any Railways contract if it at anytime determines that the Tenderer has engaged in corrupt or fraudulent practices incompleting for or in executing a borrowed financed contract in general or defines for thepurpose of this provision the terms set forth below as follows

i) Records of poor performance during the last 5 years as on the date of submission oftender such as abandoning the work rescinding of contract for which the reasons areattributable to the non-performance of the contractor

ii) Inordinate delays in completion consistent history of litigation awarded against thetenderercontractor or any of its constituents or financial failure due to bankruptcyetc If the Contractor has worked in a Joint Venture the rescinding of contract of aJoint Venture on account of reasons other than non-performance such as MostExperienced Partner (Lead Partner) of Joint Venture pulling out

Or

iii) Been debarred (blacklisted) by any Government agencies as on the date ofapplication

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

11

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

D DECLARATION TO BE GIVEN BY THE TENDERER(S)

IWe _____________________________________________________ declare that

(a) We have examined and have no reservations to the Tender documents Documentsincluding Addenda issued

(b) We offer to execute the Works in conformity with the Tender Documents

(c) If our tender is accepted we commit to submit Security Deposit and PerformanceGuarantee in accordance with the tender Document within the time fixed

(d) If our tender is accepted we commit to deploy minimum key personnel and equipmentsconsistent with the stipulation in the Tender Document

(e) If our Tender is accepted we commit to submit work method statements for all majoractivities and get these approved from the engineer prior to commencing work on suchactivities We also understand that the work shall be executed as per the approved methodstatements without any deviations

(f) If our tender is accepted we commit to establish Testing Laboratory at the site of workwith minimum Testing equipments indicated in the Tender Document

(g) IWe amare not banned from doing business with Railways or any other MinistryDepartment of the Govt of India State Govt from participation in tenders contract on thedate of opening of bids either in individual capacity or the JV firm or partnership firm inwhich we wereare members partners

(h) IWe are not sister concernsallied partners who were individuals or firms or partners offirms banned from doing business with Railways

(i) IWe understand and agree that if IWe were found during consideration of the tender to bea firmindividual or sisterallied concern or any individual or firms or partner of firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and ban is still in force Earnest money deposit remitted by meus will beforfeited in full

(j) IWe understand that if IWe were found during the course of execution of work to be anindividual or firm or partner or firms or sisterallied concern of any individuals or firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and the ban is still in force myour security deposit and Performance Guaranteewill be forfeited in full

(k) IWe understand that if IWe are found to be individual or firm or partner of firm orsisterallied concern of any individuals or firms banned by the Ministry of Railways or anyother Ministry Govt Department from doing business during the consideration of tenderor during the execution of work IWe are liable to be banned from doing business forfurther periods to be specified by Railways

(l) IWe are satisfying the eligibility conditions mentioned in the tender and IWe haveenclosed attested copies of documents along with the tender in support of myour claim of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

12

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfying eligibility conditions IWe understand that IWe have to produce the originaldocuments if so demanded by the Railways IWe understand that if any of the documentswere found to be bogus myour earnest money deposit (before finalisation of tender)security deposit (after awarding work) will be forfeited in full and IWe are liable to bebanned from doing business with Railways for any period to be specified by the Railwaysand also liable for legal proceedings against meus

(m) IWe have submitted full details of work on hand and progress thereon IWe understandthat if the information furnished by meus were found to be false myour tender is liable tobe rejected and Earnest money deposit in full is liable to be forfeited If it is found to befalse at any stage IWe are liable to be banned from doing business with Railways for anyperiod to be specified by Railways and also liable for legal proceedings against meus

(n) We have not made any tempering or changes in the Bidding Documents on which the Bidis being submitted and if any tampering or changes are detected at any stage weunderstand that the Bid will summarily rejected and forfeiture of Bid Security thecontract will be liable to be terminated along with forfeiture of full amount of performancesecurity even if LOA has been issued and

(o) We understand that you are not bound to accept the lowest evaluated bid or any other bidthat you may receive

(p) Iwe are not sister concernsallied partners of firmrsquos who have been found guilty in anycriminal case in the past

Name helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign the Bid for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SIGNATURE amp ADDRESS OF WITNESSES TO THE SIGNATURE OF THETENDERER(S)

WITNESSES

1 Name Signature

Address Date

2 Name Signature

Address Date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

13

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

30 SIGNING OF TENDERS

The tendererContractor shall sign each and every page of the Tender document

Any individuals signing the Tender or other documents connected therewith should specifywhether he is signing

i) As Sole Proprietor of the concern or his Attorneyor

ii) As a Partner or Partners of the Firmor

iii) For the Firm per procuration or

iv) As a Director Manager or Secretary in the case of Limited Company

31 In the case of firms not registered under the Indian Partnership Act all the partners or theattorney duly authorised by all of them should sign the tender and all other connecteddocuments The original document empowering the individual or individuals to sign theoriginal partnership deed with registration certificates if any in case the tenderer(s) is a firmand the Memorandum and Articles of Association in case the tenderer(s) is a Companyshould be furnished to the purchaser for verification if required

40 EARNEST MONEY

41 The tenderer(s) is required to deposit ` 1886000 only as earnest money for theperformance of the tender who will keep the offer open for a period of 120 days from thedate fixed for opening of tender it being clearly understood that the tenderer(s) aftersubmitting his tender will not resile from his offer or modify the rates items and conditionsthereof failing which the aforesaid amount shall be liable to be forfeited by the Railway

42 The earnest money should be in cash or Bankerrsquos ChequesDemand Drafts in favourof FAampCAOCon NFRailway executed by State Bank of India or any of theNationalized Banks or by a Scheduled Bank

43 The Earnest Money when deposited in cash should be remitted to the DivisionalCashierCONNFRailway Maligaon Guwahati-11 and the receipt obtained there-fromshould be enclosed with the tender as a proof of the deposit of the requisite earnest money

44 Bankerrsquos ChequesDemand drafts from the State Bank of India or from any of theNationalised Banks or a Schedule Banks should be drawn in favour of ldquo FinancialAdvisor amp Chief Account OfficerCONN F RailwayMaligaonrdquo and endorsedldquoAccount Payeerdquo and valid at least upto the validity of tender offer No conformationadvise from the Reserve Bank of India will be necessary

45 A tender not accompanied with requisite earnest money in the requisite manner as aforesaidwill be summarily rejected

46 Earnest money shall not be acceptable in the shape of Bank Guarantee Bond

a) If any of these instruments are found to have been drawn in favour ofpayable tothe tenderer they would be invalid and the tender submitted would be summarilyrejected

b) The name of the tenderer (party) on whose account the DD has been issued is tobe mentioned by the Banker at an appropriate place on the instrument itself

c) Government securities (Stock Certificates Bearer Bonds Promissory Notes etc)and Guarantee bonds executed by banks will not be accepted towards earnest

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

14

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

money

47 In the event of tenderer(s) defaulting in not adhering to the conditions laid down in para41 the Railway Administration shall be entitled to forfeit the full amount of earnestmoney deposited along the tender without prejudice to any other remedy available to theRailway

48 No interest will be paid on earnest money The earnest money will be refunded to theunsuccessful tenderer(s) within a reasonable period of time The earnest moneydeposited by the successful tenderer(s) will be retained towards the security deposit forthe due and faithful fulfillment of the contract but shall be forfeited if the contractor failsto execute the agreement or start the work within time schedule vide clause 3(a) 3(b) amp3(c) of Tender Form (First sheet) or a reasonable time determined by the Engineer afternotification of the acceptance of histheir tender

49 Railway shall be entitled to forfeit the earnest money specified for the particular work ifthe tenderer(s) failsfail to execute the agreement or start the work within time as perclause 48

50 CREDENTIALS (Eligibility Criteria)

51 Eligibility Criteria WILL BE AS UNDER

(A) Technical Criteria Deleted

(B) Financial Capability

Tenderer should have sufficient financial capacitycapability amp past performance to carry out theabove works which will be investigated by theTender Committee at the time of recommendingfor awarding the work

52

Tender must be enclosed in sealed cover super-scribed with Tender No and must be sentby Regd postSpeed post to the address of Chief Engineer (Construction) NFRailway Maligaon Guwahati-781 011 so as to reach this office not later than 1430hrs on 18-08-2016 or can be deposited in the Special Boxes allotted for the purpose inthe offices mentioned in the TENDER NO TENDER NODYCECONTeteliaByrnihatPreparation of GAD201635 The boxes will be sealed at 1430 hrs of18-08-2016 The tender will be opened on 23-08-2016 at 1100 hrs at General Manager(Construction)NFRailway Maligaon`s Office The tenders which are received after thesealing of the tender box are liable to be rejected

53 Non-compliance with any conditions mentioned above is liable to result in the tenderbeing rejected

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

15

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

60 Acceptance of Tender

61 The authority for the acceptance of the tender will rest with General ManagerCONN FRailway Maligaon Chief EngineerCONMaligaon Dy Chief EngineerCon of fieldunits for and on behalf of President of India who does not bind himself to accept thelowest or any other tender nor does he undertake to assign reasons for declining toconsider any particular tender or tenders No tenderer(s) shall demand any explanationon the cause of rejection of histheir tender No correspondence will be entertained withthe tenderer(s) in respect of the rejection of any or all tenders

62 Tender documents submitted by the tenderer(s) shall become the property of Railway andthe Railway shall have no obligation to return the same The cost of Tender Document isnot refundable

63 If the tenderer(s) deliberately gives wrong information in his tender the Railway reservesthe right to reject such tender at any stage

64 If a tenderer(s) expires after the submission of his tender or after the acceptance of histender the Railway shall deem such tender as cancelled If a partner of tendering firmexpires after the submission of or after acceptance of their tender the Railway shall deemsuch tender as cancelled unless the firm retains its character

65 The accepting authority reserves the right to divide the tender amongst more than onetenderers if deemed necessary and also to reject any or all tenders received withoutassigning any reason and does not bind himself to accept the lowest or any other tender

66 Conditional discounts offered by the tenderers for coverage within a shorter periodfor early inspectionpayment etc shall not be considered for evaluation of tender

70 Execution of Contract document

71 The tenderer whose tender is accepted shall be required to appear in the office of theGeneral ManagerCon in person or if a firm or corporation a duly authorisedrepresentative shall so appear to execute the contract documents within seven days afternotice to do so Failure to comply shall constitute a breach of the agreement effected bythe acceptance of the tender in which case the full value of the earnest moneyaccompanying the tender shall stand forfeited without prejudice to any other rights orremedies

72 In the event of any tenderer whose tender is accepted refusing to execute the contractdocuments as therein before provided the Railway may determine that such tenderer hasabandoned the contract and thereupon his tender and the acceptance thereof shall betreated as cancelled amp the Rly shall be entitled to forfeit the full amount of the earnestmoney and to recover the liquidated damages for such default equivalent to the amount ofPerformance Gaurantee

73 The tenderer shall keep the offer open for a minimum period of 120 days from the date ofopening of the tender within which period the tenderer cannot withdraw his offer Thisperiod may be extended further if so required by mutual agreement between the partiesfrom time to time Any contravention of this condition will make the tenderer liable forforfeiture of this security deposit

74 Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or Administrative capacity

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

16

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

or whether holding a pensionable post or not in the Engineering Department of any of theRailway onward andor administered by the President of India for the time being orshould a tenderer being partnership firm have as one of its partners a retired Engineer or aretired Gazetted Officer or should a tenderer being incorporated company have any suchretired Engineer or retired officer as one of its directors or should a tenderer have in hisemployment any retired Engineer or retired Gazetted officer as aforesaid the fullinformation to the date of retirement of such Engineer or Gazetted officer from the saidservice and in case where such Engineer or Officer had not retired from Governmentservice at least two years prior to the date of the submission of this tender as to whetherpermission for taking such contract or if the contractor be a partnership firm or anincorporated company to be one a partner or Director as the case may be or to takeemployment under the contractor has been obtained by the tenderer from the Engineer orthe officer authorized by him in this behalf shall be clearly stated in writing at the time ofsubmitting the tender Tenderers without the information above referred to or a statementto the effect that no such retired Engineer or retired Gazetted officer is so associated withthe tenderer as the case may be shall be rejected

75 Should a tenderer or contractor have a relative employed in Gazetted capacity in anydepartment of the NFRailway or in the case of partnership firm or companyincorporated under the company Law should p partner or a relative of the partner or ashare holder or a relative of a share holder be employed in Gazetted capacity in anydepartment of the NFRailway the authority inviting tender shall be informed of the factat the time of submission of tenders failing which the tender may be rejected or if suchfact subsequently comes to light the contract may be rescinded in accordance with theprovisions in Clause 62 of the General Conditions of Contract A declaration form(proforma attached) to this effect should be signed and enclosed with the tender(Annexure-B)

76 The tenderers shall clearly specify whether the tender is submitted on his behalf or onbehalf of partnership concern If the tender is submitted on behalf of partnership concernhe should submit the certified copy of partnership deed along with the tender and powerof attorney to sign the tender documents on behalf of partnership concern If thesedocuments are not enclosed along with the tender documents the tender will be treated ashaving been submitted by the person signing the tender in his individual capacity

80 The Railway will not be bound by any power of attorney granted by the tenderer or bychanges in the composition of the firm made subsequent to the execution of the contractIt may however recognize such power of attorney and changes after obtaining properlegal advise the cost of which will be chargeable to the contractor

90 If the tenderer whether a sole proprietor limited company or a partnership firm wants toact through agents or individual partnerpartners should submit along with the tender orat a later stage a power of Attorney duly stamped and authenticated by a public notary orby a Magistrate in favour of the specific persons whether hethey be partnerpartners ofthe firm or any other persons specially authorizing himthem to submit the tender signthe agreement receive money witness measurement signs measurement book compromise delete relinquish any claim or claims preferred by firm and sign No claimcertificate and refer all or disputed items to arbitration

100 The Railway reserves the right to accept a tender in whole or in part or reject any tenderor all tenders without assigning reasons for any such action

110 Negotiations with tenderer(s)

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

17

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

The Railway reserve the right to hold negotiations with lowest who should be lowestvalid eligible and technically acceptable tenderer considered for award of contractdirectly if the rates were not unreasonably high

120 Inspection of site

Before submitting a tender the tenderers will be deemed to have satisfied himself byactual inspection of the site and locality of the works that all conditions liable to beencountered during the execution of the works are taken into account and that the rates hehas entered in Schedule of quantities and Rates of the tender document are adequateand all inclusive to accord with the provision of the general and special conditions ofcontract for the completion of the works to the entire satisfaction of the Engineer Noclaim shall be entertained from the contractor for making his own arrangements forapproached roads from outside Railway land and contractor will bear entire expensessuch as road taxes payment on right of way etc to outsiders

130 Examination of Documents

The submission of the tender shall be deemed to have been done after careful study andexamination of the tender document with full understanding of the implications thereofAny clarification required by a tenderer shall be obtained from the office inviting tenderson any working day

140 Tender documents are not transferable and cost of tender document is not refundable

150 Sequence of work

151 The contractor(s) shall comply with the order of engineer in charge in regard to thesequences of tackling and progressing component parts of works

160 Preparation of PERT Chart

161 The successful tenderer within 20 days after the contract is awarded will make out adetailed PERT Chart along with detailed programme chart based on accepted schemeindicating various stages of execution method of execution and completion of work indifferent stages keeping the period of completion in view and submit the same to theengineer for the consideration and approval The above programme shall be strictlyadhered to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

18

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

10 DEFINITION AND INTERPRETATIONS

In the Contract documents the following terms shall have the meanings herein assigned to themexcept where the contract otherwise requires

11 General Manager shall be the Officer in Administrative charge of the whole of the NortheastFrontier Railway and shall mean and include the General Manager of the successor Railway andGeneral Manager (Construction) of Northeast Frontier Railway

12 Engineer shall mean the Executive Engineer in executive charge of the work and shall includethe superior Officer of the Engineering Department of the Northeast Frontier Railway ie DeputyChief Engineer (Construction)Chief Engineer (Construction) and shall mean and include theEngineer of the successor Railway

13 Construction plant shall mean all plants machinery vehicles river vessels tools equipmentappliances or things of whatsoever nature required in or about execution completion ormaintenance of the works or temporary work but does not include materials or other thingsintended to or forming part of the permanent work

14 A Day shall mean a day of 24 hours from midnight to mid night irrespective of the number ofhours worked in that day

15 A Week shall mean seven days without regard to the number of hours worked on any day inthat week

16 A ldquoMonthrdquo shall mean Gregorian Calendar Month irrespective of the number of hours workedon any day in that month

20 GENERAL

21 The Additional Special Conditions of Contract along with the Schedule of Items andApproximate Quantities General amp Standard Special Conditions of Contract ndash 2013 along withdeletion list enclosed as Annexures and Indian Railway Unified Standard SpecificationVolume-I amp II 2013 editionUSSOR Schedule of Rates (For labour amp materials) of NortheastFrontier Railway 2010 edition corrected up to date and relevant drawings with suchamendments which may be published from time to time during contract period shall constituteContract Documents and the contractor shall satisfy himselfthemselves in every respect as tothe true intent and meaning of these contract documents and to the nature extent and quality ofthe work required to be executed as no claim whatsoever arising through any misunderstandingof the intention or the meaning of any of the terms or expressions in these contract documentsshall be entertained after the submission of the tender

22 The work shall be executed in conformity with the tender documents such as the General ampStandard Special Conditions of Contract - 2013 and Indian Railway Unified StandardSpecification Volume-I amp II 2013 edition corrected up-to-date and other documents as per Para1 of Tender Form (Second Sheet) together with such amendments as may be published from timeto time and read in conjunction with the Additional Special Conditions and Special

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

19

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Specifications attached

23 In these tender documents where there is any conflict between the Additional Special Conditionsand Special Specifications on the one hand and the General Conditions of Contract and StandardSpecial Conditions-2013 and Indian Railway Unified Standard Specification Volume-I amp II2010 edition on the other the former shall prevail

30 DEVIATION

31 A Schedule of DeletionAlterations to the Standard Special Conditions of Contract of NFRailway (Engg Deptt) -2013 is enclosed as Annexure-C The items listed as deleted inAnnexure-F shall not be applicable to the tendercontract In case of alteration the item asprovided for in the Annexure-F shall be applicable to the tendercontract

32 Unless specifically provided otherwise in the Tender any and all exceptions which the Tenderermay have to any of the clauses of the Standard Special Conditions of Contract or theadditional Special Conditions of Contract if any as included in the Tender shall be clearlystated in a statement annexed to the tender and identified as Annexure-D Such exception shallbe listed in the format specified under the title Schedule of Deviations If the Tenderer has noexceptions the annexure shall be submitted with a NIL statement If the contractor does notinclude the Annexure with the Tender it shall be conclusive evidence that the Standard SpecialConditions of Contract and the additional Special Conditions of Contract withdeletionsalterations if any are entirely acceptable to the Contractor

33 Any Deviations from the Standard Special Conditions of Contract and the additional SpecialConditions of Contract if any stated by the Tenderer in his tender shall be a part of the Contractonly to such extent as have been explicitly accepted by the Railway and incorporated in theContract

40 INTENT OF PLANS SPECIFICATION AND CONTRACT DOCUMENTS

41 The work to be carried out under this contract shall except as otherwise provided in theseconditions include all labour materials (except the materials to be supplied by Railway freeof cost) construction plant equipment and transport which may be required in preparation of andfor the full and entire execution and successful completion of the works The description given inthe Schedule of works shall unless otherwise stated be held to include carriage and cartagecarrying and hoisting setting fitting and fixing in position and all other labour necessary in andfor the full and entire execution and successful completion of the works as aforesaid inaccordance with good practice and recognized principles and any urgent and temporary worksfully contingent upon the works

50 INSPECTION AND ADMISSION TO SITE

51 The Contractor shall not be permitted to enter on (other than for inspection purpose) or takepossession of the site until instructed to do so by the Engineer in writing The portion of the siteto be occupied by the contractor shall be defined andor shown in the site plan or this shall beindicated by the Engineer and the contractor shall on no account be allowed to extend hisoperation beyond these areas The contractor shall not use or allow it to be used the site soallowed to him by the Railway for any purpose other than that of executing the work Thecontractor shall make his own arrangement at his own cost for any additional land required byhim for the purpose of execution of the work

52 The Contractor shall at his own cost provide if necessary or if required on the site all temporary

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

20

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

access thereto to the satisfaction of the Engineer and shall alter adopt and maintain the same asrequired from time to time and shall take up and clear them away as and when no longer requiredand make good all damage done to the site

53 The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed tohave satisfied himself about the nature and type of work including ancillary worksnecessary for satisfactory execution of work Site accessibility availability of requiredmaterials need of suitable rollers for compaction of earthwork drying and wetting of soilbefore compactions arrangement for the testing equipment for quality control ofearthwork and concrete etc must be kept in view while quoting the rates

60 MODIFICATION OF DRAWINGS

The Railway reserves the right to altermodify the drawingsdesign to suit the site conditions Ifdue to the change in drawings or designs there is any increase or decrease in quantities in theitems of the schedule payment shall be made only for the actual quantities executed at theaccepted rates If there is sufficient ground for granting extension of the date of completion onthis account the Railway will consider such request on the merits of each individual case Suchcircumstances shall in no way affect or vitiate the contract or alter the character thereof or entitlecontractor to damages or compensation thereof

70 QUANTITIES IN SCHEDULE AND THEIR VARIATIONS

The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts

71 Individual NS items in contracts shall be operated with variation of plus or minus 25 andpayment would be made as per the agreement rate For this no finance concurrence would berequired

72 In case an increase in quantity of an individual item by more than 25 of the agreement quantityis considered unavoidable the same shall be got executed by floating a fresh tender If floating afresh tender for operating that item is considered not practicable quantity of that item may beoperated 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 theapproval of an officer of the rank not less than SA Grade

(i) Quantities operated in excess of 125 but upto 140 of the agreementquantity of the concerned item shall be paid at 98 of the rate awardedfor that item in that particular tender

(ii) Quantities operated in excess of 140 but upto 150 of the agreementquantity of the concerned item shall be paid at 96 of the rate awarded forthat item in that particular tender

(iii) Variation in quantities of individual items beyond 150 will be prohibitedand would be permitted only in exceptional unavoidable circumstanceswith the concurrence of associate finance and shall be paid at 96 of therate awarded for that item in that particulars tender

(b) The variation in quantities as per the above formula will apply only to the Individualitems of the contract and not on the overall contract value

(c ) Execution of quantities beyond 150 of the overall agreemental value should not bepermitted and if found necessary should be only through fresh tenders or bynegotiating with existing contractor with prior personal concurrence of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

21

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

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22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

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24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

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25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

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28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

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39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 10: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 AddressNORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

(TENDER FORM SECOND SHEET)Regulations for the Guidance of Tenderers

The following documents shall form part of the contract -1 (a) Tender form -FIRST AND SECOND SHEET

(b) N F Railway General Conditions of Contracts and Standard Special Conditions of Contracts2013 (ii) Indian Railway Unified Standard Specification Volume I amp II 2013 edition andUSSOR Schedule of Rates (for Labours and Materials) of Northeast Frontier Railway 2013edition corrected up to date

(c) Additional Special Conditions of Contract

(d) Special Conditions and Special Specifications for the work

(e) Schedule of items and Approximate Quantities and Abstract of Schedule of items of works andestimated cost

(f) Agreement forms

(g) Drawings

(h) Indian Railway Engg Code 2012 latest Revised Edition

2 INSTRUCTIONS TO TENDERER(S)

A Each and every page of the tender documents (purchased downloaded) are to be signed by thetenderers under seal of the participating firmtenderer before submission If the tenderersisare a partnershipJV firm it shall be signed by the authorized partner of the firm only

(i) Incomplete tenders are liable to be rejected without further correspondence

(ii) If the Tenderer(s) fail to submit the Affidavit as prescribed above alongwith histheiroffer histheir offer shall be considered incomplete and will be rejected summarily

B (i) The drawings for the works can be seen in the office of theDyChief Engineer ConstructionNortheast Frontier Railway Maligaon Guwahati - 781 011 at any time during office hours

(ii) General Conditions of Contract Standard Special Conditions of Contract 2013 and (iii) IndianRailway Unified Standard Specification Volume I amp II 2013 edition and

(iii) USSOR Schedule of Rates (for Labours and Materials) of Northeast Frontier Railway 2013edition corrected up to date can be seen in the office of the Chief EngineerConNFRailway orcan be had on payment if available

(iv) The Tenderer(s)Contractor(s) have to quote rates in figures and wordspercentage abovebelowatpar rate only in the schedule The quantities in schedule of items of work are given inAnnexuremdash I as a guide and are approximate only and are subject to variation according to theneed during execution of the work The Railway accepts no responsibility for the accuracy TheRailway does not guarantee work under the items of the schedule

(v) All documents and entries in the tender shall be either type written or in ink and in English Tendercontaining erasures additions and alterations to the tender documents are liable to be rejectedAny correction made by the Tenderer(s) in his entries must be attested by him If rates expressed

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

10

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

in figures and words do not agree then the lower of the two rates will be taken into considerationand binding on the contractor

(vi) Rates should be quoted inclusive of sales tax or any other local tax royalty etc unless specified tothe contrary in the tender documents

C Tenderers should observe the highest standard of ethics while submitting the Tender Document

(a) Railways will disqualify tenderer(s) if they have made misleading or false representation inthe form statements and attachments submitted or indulges in fraudulent and corruptpractice

i) ldquoCorrupt practicerdquo means the offering giving receiving or soliciting of anything ofvalue to influence the action of a public official in the tendering process or incontract execution and

ii) ldquoFraudulent practicerdquo means a misrepresentation of facts in order to influence andevaluation process or the execution of a contract and includes collusive practicesamong Tenderers (prior to or after Tender submission) designed to establish bid pricesat artificial non-competitive levels and to deprive the clientrsquos free and opencompetitions

(b) Further Railways may declare a Tenderer ineligible for any Railways contract if it at anytime determines that the Tenderer has engaged in corrupt or fraudulent practices incompleting for or in executing a borrowed financed contract in general or defines for thepurpose of this provision the terms set forth below as follows

i) Records of poor performance during the last 5 years as on the date of submission oftender such as abandoning the work rescinding of contract for which the reasons areattributable to the non-performance of the contractor

ii) Inordinate delays in completion consistent history of litigation awarded against thetenderercontractor or any of its constituents or financial failure due to bankruptcyetc If the Contractor has worked in a Joint Venture the rescinding of contract of aJoint Venture on account of reasons other than non-performance such as MostExperienced Partner (Lead Partner) of Joint Venture pulling out

Or

iii) Been debarred (blacklisted) by any Government agencies as on the date ofapplication

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

11

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

D DECLARATION TO BE GIVEN BY THE TENDERER(S)

IWe _____________________________________________________ declare that

(a) We have examined and have no reservations to the Tender documents Documentsincluding Addenda issued

(b) We offer to execute the Works in conformity with the Tender Documents

(c) If our tender is accepted we commit to submit Security Deposit and PerformanceGuarantee in accordance with the tender Document within the time fixed

(d) If our tender is accepted we commit to deploy minimum key personnel and equipmentsconsistent with the stipulation in the Tender Document

(e) If our Tender is accepted we commit to submit work method statements for all majoractivities and get these approved from the engineer prior to commencing work on suchactivities We also understand that the work shall be executed as per the approved methodstatements without any deviations

(f) If our tender is accepted we commit to establish Testing Laboratory at the site of workwith minimum Testing equipments indicated in the Tender Document

(g) IWe amare not banned from doing business with Railways or any other MinistryDepartment of the Govt of India State Govt from participation in tenders contract on thedate of opening of bids either in individual capacity or the JV firm or partnership firm inwhich we wereare members partners

(h) IWe are not sister concernsallied partners who were individuals or firms or partners offirms banned from doing business with Railways

(i) IWe understand and agree that if IWe were found during consideration of the tender to bea firmindividual or sisterallied concern or any individual or firms or partner of firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and ban is still in force Earnest money deposit remitted by meus will beforfeited in full

(j) IWe understand that if IWe were found during the course of execution of work to be anindividual or firm or partner or firms or sisterallied concern of any individuals or firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and the ban is still in force myour security deposit and Performance Guaranteewill be forfeited in full

(k) IWe understand that if IWe are found to be individual or firm or partner of firm orsisterallied concern of any individuals or firms banned by the Ministry of Railways or anyother Ministry Govt Department from doing business during the consideration of tenderor during the execution of work IWe are liable to be banned from doing business forfurther periods to be specified by Railways

(l) IWe are satisfying the eligibility conditions mentioned in the tender and IWe haveenclosed attested copies of documents along with the tender in support of myour claim of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

12

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfying eligibility conditions IWe understand that IWe have to produce the originaldocuments if so demanded by the Railways IWe understand that if any of the documentswere found to be bogus myour earnest money deposit (before finalisation of tender)security deposit (after awarding work) will be forfeited in full and IWe are liable to bebanned from doing business with Railways for any period to be specified by the Railwaysand also liable for legal proceedings against meus

(m) IWe have submitted full details of work on hand and progress thereon IWe understandthat if the information furnished by meus were found to be false myour tender is liable tobe rejected and Earnest money deposit in full is liable to be forfeited If it is found to befalse at any stage IWe are liable to be banned from doing business with Railways for anyperiod to be specified by Railways and also liable for legal proceedings against meus

(n) We have not made any tempering or changes in the Bidding Documents on which the Bidis being submitted and if any tampering or changes are detected at any stage weunderstand that the Bid will summarily rejected and forfeiture of Bid Security thecontract will be liable to be terminated along with forfeiture of full amount of performancesecurity even if LOA has been issued and

(o) We understand that you are not bound to accept the lowest evaluated bid or any other bidthat you may receive

(p) Iwe are not sister concernsallied partners of firmrsquos who have been found guilty in anycriminal case in the past

Name helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign the Bid for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SIGNATURE amp ADDRESS OF WITNESSES TO THE SIGNATURE OF THETENDERER(S)

WITNESSES

1 Name Signature

Address Date

2 Name Signature

Address Date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

13

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

30 SIGNING OF TENDERS

The tendererContractor shall sign each and every page of the Tender document

Any individuals signing the Tender or other documents connected therewith should specifywhether he is signing

i) As Sole Proprietor of the concern or his Attorneyor

ii) As a Partner or Partners of the Firmor

iii) For the Firm per procuration or

iv) As a Director Manager or Secretary in the case of Limited Company

31 In the case of firms not registered under the Indian Partnership Act all the partners or theattorney duly authorised by all of them should sign the tender and all other connecteddocuments The original document empowering the individual or individuals to sign theoriginal partnership deed with registration certificates if any in case the tenderer(s) is a firmand the Memorandum and Articles of Association in case the tenderer(s) is a Companyshould be furnished to the purchaser for verification if required

40 EARNEST MONEY

41 The tenderer(s) is required to deposit ` 1886000 only as earnest money for theperformance of the tender who will keep the offer open for a period of 120 days from thedate fixed for opening of tender it being clearly understood that the tenderer(s) aftersubmitting his tender will not resile from his offer or modify the rates items and conditionsthereof failing which the aforesaid amount shall be liable to be forfeited by the Railway

42 The earnest money should be in cash or Bankerrsquos ChequesDemand Drafts in favourof FAampCAOCon NFRailway executed by State Bank of India or any of theNationalized Banks or by a Scheduled Bank

43 The Earnest Money when deposited in cash should be remitted to the DivisionalCashierCONNFRailway Maligaon Guwahati-11 and the receipt obtained there-fromshould be enclosed with the tender as a proof of the deposit of the requisite earnest money

44 Bankerrsquos ChequesDemand drafts from the State Bank of India or from any of theNationalised Banks or a Schedule Banks should be drawn in favour of ldquo FinancialAdvisor amp Chief Account OfficerCONN F RailwayMaligaonrdquo and endorsedldquoAccount Payeerdquo and valid at least upto the validity of tender offer No conformationadvise from the Reserve Bank of India will be necessary

45 A tender not accompanied with requisite earnest money in the requisite manner as aforesaidwill be summarily rejected

46 Earnest money shall not be acceptable in the shape of Bank Guarantee Bond

a) If any of these instruments are found to have been drawn in favour ofpayable tothe tenderer they would be invalid and the tender submitted would be summarilyrejected

b) The name of the tenderer (party) on whose account the DD has been issued is tobe mentioned by the Banker at an appropriate place on the instrument itself

c) Government securities (Stock Certificates Bearer Bonds Promissory Notes etc)and Guarantee bonds executed by banks will not be accepted towards earnest

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

14

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

money

47 In the event of tenderer(s) defaulting in not adhering to the conditions laid down in para41 the Railway Administration shall be entitled to forfeit the full amount of earnestmoney deposited along the tender without prejudice to any other remedy available to theRailway

48 No interest will be paid on earnest money The earnest money will be refunded to theunsuccessful tenderer(s) within a reasonable period of time The earnest moneydeposited by the successful tenderer(s) will be retained towards the security deposit forthe due and faithful fulfillment of the contract but shall be forfeited if the contractor failsto execute the agreement or start the work within time schedule vide clause 3(a) 3(b) amp3(c) of Tender Form (First sheet) or a reasonable time determined by the Engineer afternotification of the acceptance of histheir tender

49 Railway shall be entitled to forfeit the earnest money specified for the particular work ifthe tenderer(s) failsfail to execute the agreement or start the work within time as perclause 48

50 CREDENTIALS (Eligibility Criteria)

51 Eligibility Criteria WILL BE AS UNDER

(A) Technical Criteria Deleted

(B) Financial Capability

Tenderer should have sufficient financial capacitycapability amp past performance to carry out theabove works which will be investigated by theTender Committee at the time of recommendingfor awarding the work

52

Tender must be enclosed in sealed cover super-scribed with Tender No and must be sentby Regd postSpeed post to the address of Chief Engineer (Construction) NFRailway Maligaon Guwahati-781 011 so as to reach this office not later than 1430hrs on 18-08-2016 or can be deposited in the Special Boxes allotted for the purpose inthe offices mentioned in the TENDER NO TENDER NODYCECONTeteliaByrnihatPreparation of GAD201635 The boxes will be sealed at 1430 hrs of18-08-2016 The tender will be opened on 23-08-2016 at 1100 hrs at General Manager(Construction)NFRailway Maligaon`s Office The tenders which are received after thesealing of the tender box are liable to be rejected

53 Non-compliance with any conditions mentioned above is liable to result in the tenderbeing rejected

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

15

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

60 Acceptance of Tender

61 The authority for the acceptance of the tender will rest with General ManagerCONN FRailway Maligaon Chief EngineerCONMaligaon Dy Chief EngineerCon of fieldunits for and on behalf of President of India who does not bind himself to accept thelowest or any other tender nor does he undertake to assign reasons for declining toconsider any particular tender or tenders No tenderer(s) shall demand any explanationon the cause of rejection of histheir tender No correspondence will be entertained withthe tenderer(s) in respect of the rejection of any or all tenders

62 Tender documents submitted by the tenderer(s) shall become the property of Railway andthe Railway shall have no obligation to return the same The cost of Tender Document isnot refundable

63 If the tenderer(s) deliberately gives wrong information in his tender the Railway reservesthe right to reject such tender at any stage

64 If a tenderer(s) expires after the submission of his tender or after the acceptance of histender the Railway shall deem such tender as cancelled If a partner of tendering firmexpires after the submission of or after acceptance of their tender the Railway shall deemsuch tender as cancelled unless the firm retains its character

65 The accepting authority reserves the right to divide the tender amongst more than onetenderers if deemed necessary and also to reject any or all tenders received withoutassigning any reason and does not bind himself to accept the lowest or any other tender

66 Conditional discounts offered by the tenderers for coverage within a shorter periodfor early inspectionpayment etc shall not be considered for evaluation of tender

70 Execution of Contract document

71 The tenderer whose tender is accepted shall be required to appear in the office of theGeneral ManagerCon in person or if a firm or corporation a duly authorisedrepresentative shall so appear to execute the contract documents within seven days afternotice to do so Failure to comply shall constitute a breach of the agreement effected bythe acceptance of the tender in which case the full value of the earnest moneyaccompanying the tender shall stand forfeited without prejudice to any other rights orremedies

72 In the event of any tenderer whose tender is accepted refusing to execute the contractdocuments as therein before provided the Railway may determine that such tenderer hasabandoned the contract and thereupon his tender and the acceptance thereof shall betreated as cancelled amp the Rly shall be entitled to forfeit the full amount of the earnestmoney and to recover the liquidated damages for such default equivalent to the amount ofPerformance Gaurantee

73 The tenderer shall keep the offer open for a minimum period of 120 days from the date ofopening of the tender within which period the tenderer cannot withdraw his offer Thisperiod may be extended further if so required by mutual agreement between the partiesfrom time to time Any contravention of this condition will make the tenderer liable forforfeiture of this security deposit

74 Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or Administrative capacity

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

16

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

or whether holding a pensionable post or not in the Engineering Department of any of theRailway onward andor administered by the President of India for the time being orshould a tenderer being partnership firm have as one of its partners a retired Engineer or aretired Gazetted Officer or should a tenderer being incorporated company have any suchretired Engineer or retired officer as one of its directors or should a tenderer have in hisemployment any retired Engineer or retired Gazetted officer as aforesaid the fullinformation to the date of retirement of such Engineer or Gazetted officer from the saidservice and in case where such Engineer or Officer had not retired from Governmentservice at least two years prior to the date of the submission of this tender as to whetherpermission for taking such contract or if the contractor be a partnership firm or anincorporated company to be one a partner or Director as the case may be or to takeemployment under the contractor has been obtained by the tenderer from the Engineer orthe officer authorized by him in this behalf shall be clearly stated in writing at the time ofsubmitting the tender Tenderers without the information above referred to or a statementto the effect that no such retired Engineer or retired Gazetted officer is so associated withthe tenderer as the case may be shall be rejected

75 Should a tenderer or contractor have a relative employed in Gazetted capacity in anydepartment of the NFRailway or in the case of partnership firm or companyincorporated under the company Law should p partner or a relative of the partner or ashare holder or a relative of a share holder be employed in Gazetted capacity in anydepartment of the NFRailway the authority inviting tender shall be informed of the factat the time of submission of tenders failing which the tender may be rejected or if suchfact subsequently comes to light the contract may be rescinded in accordance with theprovisions in Clause 62 of the General Conditions of Contract A declaration form(proforma attached) to this effect should be signed and enclosed with the tender(Annexure-B)

76 The tenderers shall clearly specify whether the tender is submitted on his behalf or onbehalf of partnership concern If the tender is submitted on behalf of partnership concernhe should submit the certified copy of partnership deed along with the tender and powerof attorney to sign the tender documents on behalf of partnership concern If thesedocuments are not enclosed along with the tender documents the tender will be treated ashaving been submitted by the person signing the tender in his individual capacity

80 The Railway will not be bound by any power of attorney granted by the tenderer or bychanges in the composition of the firm made subsequent to the execution of the contractIt may however recognize such power of attorney and changes after obtaining properlegal advise the cost of which will be chargeable to the contractor

90 If the tenderer whether a sole proprietor limited company or a partnership firm wants toact through agents or individual partnerpartners should submit along with the tender orat a later stage a power of Attorney duly stamped and authenticated by a public notary orby a Magistrate in favour of the specific persons whether hethey be partnerpartners ofthe firm or any other persons specially authorizing himthem to submit the tender signthe agreement receive money witness measurement signs measurement book compromise delete relinquish any claim or claims preferred by firm and sign No claimcertificate and refer all or disputed items to arbitration

100 The Railway reserves the right to accept a tender in whole or in part or reject any tenderor all tenders without assigning reasons for any such action

110 Negotiations with tenderer(s)

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

17

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

The Railway reserve the right to hold negotiations with lowest who should be lowestvalid eligible and technically acceptable tenderer considered for award of contractdirectly if the rates were not unreasonably high

120 Inspection of site

Before submitting a tender the tenderers will be deemed to have satisfied himself byactual inspection of the site and locality of the works that all conditions liable to beencountered during the execution of the works are taken into account and that the rates hehas entered in Schedule of quantities and Rates of the tender document are adequateand all inclusive to accord with the provision of the general and special conditions ofcontract for the completion of the works to the entire satisfaction of the Engineer Noclaim shall be entertained from the contractor for making his own arrangements forapproached roads from outside Railway land and contractor will bear entire expensessuch as road taxes payment on right of way etc to outsiders

130 Examination of Documents

The submission of the tender shall be deemed to have been done after careful study andexamination of the tender document with full understanding of the implications thereofAny clarification required by a tenderer shall be obtained from the office inviting tenderson any working day

140 Tender documents are not transferable and cost of tender document is not refundable

150 Sequence of work

151 The contractor(s) shall comply with the order of engineer in charge in regard to thesequences of tackling and progressing component parts of works

160 Preparation of PERT Chart

161 The successful tenderer within 20 days after the contract is awarded will make out adetailed PERT Chart along with detailed programme chart based on accepted schemeindicating various stages of execution method of execution and completion of work indifferent stages keeping the period of completion in view and submit the same to theengineer for the consideration and approval The above programme shall be strictlyadhered to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

18

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

10 DEFINITION AND INTERPRETATIONS

In the Contract documents the following terms shall have the meanings herein assigned to themexcept where the contract otherwise requires

11 General Manager shall be the Officer in Administrative charge of the whole of the NortheastFrontier Railway and shall mean and include the General Manager of the successor Railway andGeneral Manager (Construction) of Northeast Frontier Railway

12 Engineer shall mean the Executive Engineer in executive charge of the work and shall includethe superior Officer of the Engineering Department of the Northeast Frontier Railway ie DeputyChief Engineer (Construction)Chief Engineer (Construction) and shall mean and include theEngineer of the successor Railway

13 Construction plant shall mean all plants machinery vehicles river vessels tools equipmentappliances or things of whatsoever nature required in or about execution completion ormaintenance of the works or temporary work but does not include materials or other thingsintended to or forming part of the permanent work

14 A Day shall mean a day of 24 hours from midnight to mid night irrespective of the number ofhours worked in that day

15 A Week shall mean seven days without regard to the number of hours worked on any day inthat week

16 A ldquoMonthrdquo shall mean Gregorian Calendar Month irrespective of the number of hours workedon any day in that month

20 GENERAL

21 The Additional Special Conditions of Contract along with the Schedule of Items andApproximate Quantities General amp Standard Special Conditions of Contract ndash 2013 along withdeletion list enclosed as Annexures and Indian Railway Unified Standard SpecificationVolume-I amp II 2013 editionUSSOR Schedule of Rates (For labour amp materials) of NortheastFrontier Railway 2010 edition corrected up to date and relevant drawings with suchamendments which may be published from time to time during contract period shall constituteContract Documents and the contractor shall satisfy himselfthemselves in every respect as tothe true intent and meaning of these contract documents and to the nature extent and quality ofthe work required to be executed as no claim whatsoever arising through any misunderstandingof the intention or the meaning of any of the terms or expressions in these contract documentsshall be entertained after the submission of the tender

22 The work shall be executed in conformity with the tender documents such as the General ampStandard Special Conditions of Contract - 2013 and Indian Railway Unified StandardSpecification Volume-I amp II 2013 edition corrected up-to-date and other documents as per Para1 of Tender Form (Second Sheet) together with such amendments as may be published from timeto time and read in conjunction with the Additional Special Conditions and Special

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

19

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Specifications attached

23 In these tender documents where there is any conflict between the Additional Special Conditionsand Special Specifications on the one hand and the General Conditions of Contract and StandardSpecial Conditions-2013 and Indian Railway Unified Standard Specification Volume-I amp II2010 edition on the other the former shall prevail

30 DEVIATION

31 A Schedule of DeletionAlterations to the Standard Special Conditions of Contract of NFRailway (Engg Deptt) -2013 is enclosed as Annexure-C The items listed as deleted inAnnexure-F shall not be applicable to the tendercontract In case of alteration the item asprovided for in the Annexure-F shall be applicable to the tendercontract

32 Unless specifically provided otherwise in the Tender any and all exceptions which the Tenderermay have to any of the clauses of the Standard Special Conditions of Contract or theadditional Special Conditions of Contract if any as included in the Tender shall be clearlystated in a statement annexed to the tender and identified as Annexure-D Such exception shallbe listed in the format specified under the title Schedule of Deviations If the Tenderer has noexceptions the annexure shall be submitted with a NIL statement If the contractor does notinclude the Annexure with the Tender it shall be conclusive evidence that the Standard SpecialConditions of Contract and the additional Special Conditions of Contract withdeletionsalterations if any are entirely acceptable to the Contractor

33 Any Deviations from the Standard Special Conditions of Contract and the additional SpecialConditions of Contract if any stated by the Tenderer in his tender shall be a part of the Contractonly to such extent as have been explicitly accepted by the Railway and incorporated in theContract

40 INTENT OF PLANS SPECIFICATION AND CONTRACT DOCUMENTS

41 The work to be carried out under this contract shall except as otherwise provided in theseconditions include all labour materials (except the materials to be supplied by Railway freeof cost) construction plant equipment and transport which may be required in preparation of andfor the full and entire execution and successful completion of the works The description given inthe Schedule of works shall unless otherwise stated be held to include carriage and cartagecarrying and hoisting setting fitting and fixing in position and all other labour necessary in andfor the full and entire execution and successful completion of the works as aforesaid inaccordance with good practice and recognized principles and any urgent and temporary worksfully contingent upon the works

50 INSPECTION AND ADMISSION TO SITE

51 The Contractor shall not be permitted to enter on (other than for inspection purpose) or takepossession of the site until instructed to do so by the Engineer in writing The portion of the siteto be occupied by the contractor shall be defined andor shown in the site plan or this shall beindicated by the Engineer and the contractor shall on no account be allowed to extend hisoperation beyond these areas The contractor shall not use or allow it to be used the site soallowed to him by the Railway for any purpose other than that of executing the work Thecontractor shall make his own arrangement at his own cost for any additional land required byhim for the purpose of execution of the work

52 The Contractor shall at his own cost provide if necessary or if required on the site all temporary

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

20

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

access thereto to the satisfaction of the Engineer and shall alter adopt and maintain the same asrequired from time to time and shall take up and clear them away as and when no longer requiredand make good all damage done to the site

53 The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed tohave satisfied himself about the nature and type of work including ancillary worksnecessary for satisfactory execution of work Site accessibility availability of requiredmaterials need of suitable rollers for compaction of earthwork drying and wetting of soilbefore compactions arrangement for the testing equipment for quality control ofearthwork and concrete etc must be kept in view while quoting the rates

60 MODIFICATION OF DRAWINGS

The Railway reserves the right to altermodify the drawingsdesign to suit the site conditions Ifdue to the change in drawings or designs there is any increase or decrease in quantities in theitems of the schedule payment shall be made only for the actual quantities executed at theaccepted rates If there is sufficient ground for granting extension of the date of completion onthis account the Railway will consider such request on the merits of each individual case Suchcircumstances shall in no way affect or vitiate the contract or alter the character thereof or entitlecontractor to damages or compensation thereof

70 QUANTITIES IN SCHEDULE AND THEIR VARIATIONS

The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts

71 Individual NS items in contracts shall be operated with variation of plus or minus 25 andpayment would be made as per the agreement rate For this no finance concurrence would berequired

72 In case an increase in quantity of an individual item by more than 25 of the agreement quantityis considered unavoidable the same shall be got executed by floating a fresh tender If floating afresh tender for operating that item is considered not practicable quantity of that item may beoperated 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 theapproval of an officer of the rank not less than SA Grade

(i) Quantities operated in excess of 125 but upto 140 of the agreementquantity of the concerned item shall be paid at 98 of the rate awardedfor that item in that particular tender

(ii) Quantities operated in excess of 140 but upto 150 of the agreementquantity of the concerned item shall be paid at 96 of the rate awarded forthat item in that particular tender

(iii) Variation in quantities of individual items beyond 150 will be prohibitedand would be permitted only in exceptional unavoidable circumstanceswith the concurrence of associate finance and shall be paid at 96 of therate awarded for that item in that particulars tender

(b) The variation in quantities as per the above formula will apply only to the Individualitems of the contract and not on the overall contract value

(c ) Execution of quantities beyond 150 of the overall agreemental value should not bepermitted and if found necessary should be only through fresh tenders or bynegotiating with existing contractor with prior personal concurrence of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

21

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

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22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

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25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

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26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

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33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

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34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

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38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

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42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

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46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 11: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

in figures and words do not agree then the lower of the two rates will be taken into considerationand binding on the contractor

(vi) Rates should be quoted inclusive of sales tax or any other local tax royalty etc unless specified tothe contrary in the tender documents

C Tenderers should observe the highest standard of ethics while submitting the Tender Document

(a) Railways will disqualify tenderer(s) if they have made misleading or false representation inthe form statements and attachments submitted or indulges in fraudulent and corruptpractice

i) ldquoCorrupt practicerdquo means the offering giving receiving or soliciting of anything ofvalue to influence the action of a public official in the tendering process or incontract execution and

ii) ldquoFraudulent practicerdquo means a misrepresentation of facts in order to influence andevaluation process or the execution of a contract and includes collusive practicesamong Tenderers (prior to or after Tender submission) designed to establish bid pricesat artificial non-competitive levels and to deprive the clientrsquos free and opencompetitions

(b) Further Railways may declare a Tenderer ineligible for any Railways contract if it at anytime determines that the Tenderer has engaged in corrupt or fraudulent practices incompleting for or in executing a borrowed financed contract in general or defines for thepurpose of this provision the terms set forth below as follows

i) Records of poor performance during the last 5 years as on the date of submission oftender such as abandoning the work rescinding of contract for which the reasons areattributable to the non-performance of the contractor

ii) Inordinate delays in completion consistent history of litigation awarded against thetenderercontractor or any of its constituents or financial failure due to bankruptcyetc If the Contractor has worked in a Joint Venture the rescinding of contract of aJoint Venture on account of reasons other than non-performance such as MostExperienced Partner (Lead Partner) of Joint Venture pulling out

Or

iii) Been debarred (blacklisted) by any Government agencies as on the date ofapplication

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

11

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

D DECLARATION TO BE GIVEN BY THE TENDERER(S)

IWe _____________________________________________________ declare that

(a) We have examined and have no reservations to the Tender documents Documentsincluding Addenda issued

(b) We offer to execute the Works in conformity with the Tender Documents

(c) If our tender is accepted we commit to submit Security Deposit and PerformanceGuarantee in accordance with the tender Document within the time fixed

(d) If our tender is accepted we commit to deploy minimum key personnel and equipmentsconsistent with the stipulation in the Tender Document

(e) If our Tender is accepted we commit to submit work method statements for all majoractivities and get these approved from the engineer prior to commencing work on suchactivities We also understand that the work shall be executed as per the approved methodstatements without any deviations

(f) If our tender is accepted we commit to establish Testing Laboratory at the site of workwith minimum Testing equipments indicated in the Tender Document

(g) IWe amare not banned from doing business with Railways or any other MinistryDepartment of the Govt of India State Govt from participation in tenders contract on thedate of opening of bids either in individual capacity or the JV firm or partnership firm inwhich we wereare members partners

(h) IWe are not sister concernsallied partners who were individuals or firms or partners offirms banned from doing business with Railways

(i) IWe understand and agree that if IWe were found during consideration of the tender to bea firmindividual or sisterallied concern or any individual or firms or partner of firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and ban is still in force Earnest money deposit remitted by meus will beforfeited in full

(j) IWe understand that if IWe were found during the course of execution of work to be anindividual or firm or partner or firms or sisterallied concern of any individuals or firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and the ban is still in force myour security deposit and Performance Guaranteewill be forfeited in full

(k) IWe understand that if IWe are found to be individual or firm or partner of firm orsisterallied concern of any individuals or firms banned by the Ministry of Railways or anyother Ministry Govt Department from doing business during the consideration of tenderor during the execution of work IWe are liable to be banned from doing business forfurther periods to be specified by Railways

(l) IWe are satisfying the eligibility conditions mentioned in the tender and IWe haveenclosed attested copies of documents along with the tender in support of myour claim of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

12

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfying eligibility conditions IWe understand that IWe have to produce the originaldocuments if so demanded by the Railways IWe understand that if any of the documentswere found to be bogus myour earnest money deposit (before finalisation of tender)security deposit (after awarding work) will be forfeited in full and IWe are liable to bebanned from doing business with Railways for any period to be specified by the Railwaysand also liable for legal proceedings against meus

(m) IWe have submitted full details of work on hand and progress thereon IWe understandthat if the information furnished by meus were found to be false myour tender is liable tobe rejected and Earnest money deposit in full is liable to be forfeited If it is found to befalse at any stage IWe are liable to be banned from doing business with Railways for anyperiod to be specified by Railways and also liable for legal proceedings against meus

(n) We have not made any tempering or changes in the Bidding Documents on which the Bidis being submitted and if any tampering or changes are detected at any stage weunderstand that the Bid will summarily rejected and forfeiture of Bid Security thecontract will be liable to be terminated along with forfeiture of full amount of performancesecurity even if LOA has been issued and

(o) We understand that you are not bound to accept the lowest evaluated bid or any other bidthat you may receive

(p) Iwe are not sister concernsallied partners of firmrsquos who have been found guilty in anycriminal case in the past

Name helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign the Bid for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SIGNATURE amp ADDRESS OF WITNESSES TO THE SIGNATURE OF THETENDERER(S)

WITNESSES

1 Name Signature

Address Date

2 Name Signature

Address Date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

13

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

30 SIGNING OF TENDERS

The tendererContractor shall sign each and every page of the Tender document

Any individuals signing the Tender or other documents connected therewith should specifywhether he is signing

i) As Sole Proprietor of the concern or his Attorneyor

ii) As a Partner or Partners of the Firmor

iii) For the Firm per procuration or

iv) As a Director Manager or Secretary in the case of Limited Company

31 In the case of firms not registered under the Indian Partnership Act all the partners or theattorney duly authorised by all of them should sign the tender and all other connecteddocuments The original document empowering the individual or individuals to sign theoriginal partnership deed with registration certificates if any in case the tenderer(s) is a firmand the Memorandum and Articles of Association in case the tenderer(s) is a Companyshould be furnished to the purchaser for verification if required

40 EARNEST MONEY

41 The tenderer(s) is required to deposit ` 1886000 only as earnest money for theperformance of the tender who will keep the offer open for a period of 120 days from thedate fixed for opening of tender it being clearly understood that the tenderer(s) aftersubmitting his tender will not resile from his offer or modify the rates items and conditionsthereof failing which the aforesaid amount shall be liable to be forfeited by the Railway

42 The earnest money should be in cash or Bankerrsquos ChequesDemand Drafts in favourof FAampCAOCon NFRailway executed by State Bank of India or any of theNationalized Banks or by a Scheduled Bank

43 The Earnest Money when deposited in cash should be remitted to the DivisionalCashierCONNFRailway Maligaon Guwahati-11 and the receipt obtained there-fromshould be enclosed with the tender as a proof of the deposit of the requisite earnest money

44 Bankerrsquos ChequesDemand drafts from the State Bank of India or from any of theNationalised Banks or a Schedule Banks should be drawn in favour of ldquo FinancialAdvisor amp Chief Account OfficerCONN F RailwayMaligaonrdquo and endorsedldquoAccount Payeerdquo and valid at least upto the validity of tender offer No conformationadvise from the Reserve Bank of India will be necessary

45 A tender not accompanied with requisite earnest money in the requisite manner as aforesaidwill be summarily rejected

46 Earnest money shall not be acceptable in the shape of Bank Guarantee Bond

a) If any of these instruments are found to have been drawn in favour ofpayable tothe tenderer they would be invalid and the tender submitted would be summarilyrejected

b) The name of the tenderer (party) on whose account the DD has been issued is tobe mentioned by the Banker at an appropriate place on the instrument itself

c) Government securities (Stock Certificates Bearer Bonds Promissory Notes etc)and Guarantee bonds executed by banks will not be accepted towards earnest

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

14

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

money

47 In the event of tenderer(s) defaulting in not adhering to the conditions laid down in para41 the Railway Administration shall be entitled to forfeit the full amount of earnestmoney deposited along the tender without prejudice to any other remedy available to theRailway

48 No interest will be paid on earnest money The earnest money will be refunded to theunsuccessful tenderer(s) within a reasonable period of time The earnest moneydeposited by the successful tenderer(s) will be retained towards the security deposit forthe due and faithful fulfillment of the contract but shall be forfeited if the contractor failsto execute the agreement or start the work within time schedule vide clause 3(a) 3(b) amp3(c) of Tender Form (First sheet) or a reasonable time determined by the Engineer afternotification of the acceptance of histheir tender

49 Railway shall be entitled to forfeit the earnest money specified for the particular work ifthe tenderer(s) failsfail to execute the agreement or start the work within time as perclause 48

50 CREDENTIALS (Eligibility Criteria)

51 Eligibility Criteria WILL BE AS UNDER

(A) Technical Criteria Deleted

(B) Financial Capability

Tenderer should have sufficient financial capacitycapability amp past performance to carry out theabove works which will be investigated by theTender Committee at the time of recommendingfor awarding the work

52

Tender must be enclosed in sealed cover super-scribed with Tender No and must be sentby Regd postSpeed post to the address of Chief Engineer (Construction) NFRailway Maligaon Guwahati-781 011 so as to reach this office not later than 1430hrs on 18-08-2016 or can be deposited in the Special Boxes allotted for the purpose inthe offices mentioned in the TENDER NO TENDER NODYCECONTeteliaByrnihatPreparation of GAD201635 The boxes will be sealed at 1430 hrs of18-08-2016 The tender will be opened on 23-08-2016 at 1100 hrs at General Manager(Construction)NFRailway Maligaon`s Office The tenders which are received after thesealing of the tender box are liable to be rejected

53 Non-compliance with any conditions mentioned above is liable to result in the tenderbeing rejected

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

15

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

60 Acceptance of Tender

61 The authority for the acceptance of the tender will rest with General ManagerCONN FRailway Maligaon Chief EngineerCONMaligaon Dy Chief EngineerCon of fieldunits for and on behalf of President of India who does not bind himself to accept thelowest or any other tender nor does he undertake to assign reasons for declining toconsider any particular tender or tenders No tenderer(s) shall demand any explanationon the cause of rejection of histheir tender No correspondence will be entertained withthe tenderer(s) in respect of the rejection of any or all tenders

62 Tender documents submitted by the tenderer(s) shall become the property of Railway andthe Railway shall have no obligation to return the same The cost of Tender Document isnot refundable

63 If the tenderer(s) deliberately gives wrong information in his tender the Railway reservesthe right to reject such tender at any stage

64 If a tenderer(s) expires after the submission of his tender or after the acceptance of histender the Railway shall deem such tender as cancelled If a partner of tendering firmexpires after the submission of or after acceptance of their tender the Railway shall deemsuch tender as cancelled unless the firm retains its character

65 The accepting authority reserves the right to divide the tender amongst more than onetenderers if deemed necessary and also to reject any or all tenders received withoutassigning any reason and does not bind himself to accept the lowest or any other tender

66 Conditional discounts offered by the tenderers for coverage within a shorter periodfor early inspectionpayment etc shall not be considered for evaluation of tender

70 Execution of Contract document

71 The tenderer whose tender is accepted shall be required to appear in the office of theGeneral ManagerCon in person or if a firm or corporation a duly authorisedrepresentative shall so appear to execute the contract documents within seven days afternotice to do so Failure to comply shall constitute a breach of the agreement effected bythe acceptance of the tender in which case the full value of the earnest moneyaccompanying the tender shall stand forfeited without prejudice to any other rights orremedies

72 In the event of any tenderer whose tender is accepted refusing to execute the contractdocuments as therein before provided the Railway may determine that such tenderer hasabandoned the contract and thereupon his tender and the acceptance thereof shall betreated as cancelled amp the Rly shall be entitled to forfeit the full amount of the earnestmoney and to recover the liquidated damages for such default equivalent to the amount ofPerformance Gaurantee

73 The tenderer shall keep the offer open for a minimum period of 120 days from the date ofopening of the tender within which period the tenderer cannot withdraw his offer Thisperiod may be extended further if so required by mutual agreement between the partiesfrom time to time Any contravention of this condition will make the tenderer liable forforfeiture of this security deposit

74 Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or Administrative capacity

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

16

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

or whether holding a pensionable post or not in the Engineering Department of any of theRailway onward andor administered by the President of India for the time being orshould a tenderer being partnership firm have as one of its partners a retired Engineer or aretired Gazetted Officer or should a tenderer being incorporated company have any suchretired Engineer or retired officer as one of its directors or should a tenderer have in hisemployment any retired Engineer or retired Gazetted officer as aforesaid the fullinformation to the date of retirement of such Engineer or Gazetted officer from the saidservice and in case where such Engineer or Officer had not retired from Governmentservice at least two years prior to the date of the submission of this tender as to whetherpermission for taking such contract or if the contractor be a partnership firm or anincorporated company to be one a partner or Director as the case may be or to takeemployment under the contractor has been obtained by the tenderer from the Engineer orthe officer authorized by him in this behalf shall be clearly stated in writing at the time ofsubmitting the tender Tenderers without the information above referred to or a statementto the effect that no such retired Engineer or retired Gazetted officer is so associated withthe tenderer as the case may be shall be rejected

75 Should a tenderer or contractor have a relative employed in Gazetted capacity in anydepartment of the NFRailway or in the case of partnership firm or companyincorporated under the company Law should p partner or a relative of the partner or ashare holder or a relative of a share holder be employed in Gazetted capacity in anydepartment of the NFRailway the authority inviting tender shall be informed of the factat the time of submission of tenders failing which the tender may be rejected or if suchfact subsequently comes to light the contract may be rescinded in accordance with theprovisions in Clause 62 of the General Conditions of Contract A declaration form(proforma attached) to this effect should be signed and enclosed with the tender(Annexure-B)

76 The tenderers shall clearly specify whether the tender is submitted on his behalf or onbehalf of partnership concern If the tender is submitted on behalf of partnership concernhe should submit the certified copy of partnership deed along with the tender and powerof attorney to sign the tender documents on behalf of partnership concern If thesedocuments are not enclosed along with the tender documents the tender will be treated ashaving been submitted by the person signing the tender in his individual capacity

80 The Railway will not be bound by any power of attorney granted by the tenderer or bychanges in the composition of the firm made subsequent to the execution of the contractIt may however recognize such power of attorney and changes after obtaining properlegal advise the cost of which will be chargeable to the contractor

90 If the tenderer whether a sole proprietor limited company or a partnership firm wants toact through agents or individual partnerpartners should submit along with the tender orat a later stage a power of Attorney duly stamped and authenticated by a public notary orby a Magistrate in favour of the specific persons whether hethey be partnerpartners ofthe firm or any other persons specially authorizing himthem to submit the tender signthe agreement receive money witness measurement signs measurement book compromise delete relinquish any claim or claims preferred by firm and sign No claimcertificate and refer all or disputed items to arbitration

100 The Railway reserves the right to accept a tender in whole or in part or reject any tenderor all tenders without assigning reasons for any such action

110 Negotiations with tenderer(s)

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

17

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

The Railway reserve the right to hold negotiations with lowest who should be lowestvalid eligible and technically acceptable tenderer considered for award of contractdirectly if the rates were not unreasonably high

120 Inspection of site

Before submitting a tender the tenderers will be deemed to have satisfied himself byactual inspection of the site and locality of the works that all conditions liable to beencountered during the execution of the works are taken into account and that the rates hehas entered in Schedule of quantities and Rates of the tender document are adequateand all inclusive to accord with the provision of the general and special conditions ofcontract for the completion of the works to the entire satisfaction of the Engineer Noclaim shall be entertained from the contractor for making his own arrangements forapproached roads from outside Railway land and contractor will bear entire expensessuch as road taxes payment on right of way etc to outsiders

130 Examination of Documents

The submission of the tender shall be deemed to have been done after careful study andexamination of the tender document with full understanding of the implications thereofAny clarification required by a tenderer shall be obtained from the office inviting tenderson any working day

140 Tender documents are not transferable and cost of tender document is not refundable

150 Sequence of work

151 The contractor(s) shall comply with the order of engineer in charge in regard to thesequences of tackling and progressing component parts of works

160 Preparation of PERT Chart

161 The successful tenderer within 20 days after the contract is awarded will make out adetailed PERT Chart along with detailed programme chart based on accepted schemeindicating various stages of execution method of execution and completion of work indifferent stages keeping the period of completion in view and submit the same to theengineer for the consideration and approval The above programme shall be strictlyadhered to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

18

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

10 DEFINITION AND INTERPRETATIONS

In the Contract documents the following terms shall have the meanings herein assigned to themexcept where the contract otherwise requires

11 General Manager shall be the Officer in Administrative charge of the whole of the NortheastFrontier Railway and shall mean and include the General Manager of the successor Railway andGeneral Manager (Construction) of Northeast Frontier Railway

12 Engineer shall mean the Executive Engineer in executive charge of the work and shall includethe superior Officer of the Engineering Department of the Northeast Frontier Railway ie DeputyChief Engineer (Construction)Chief Engineer (Construction) and shall mean and include theEngineer of the successor Railway

13 Construction plant shall mean all plants machinery vehicles river vessels tools equipmentappliances or things of whatsoever nature required in or about execution completion ormaintenance of the works or temporary work but does not include materials or other thingsintended to or forming part of the permanent work

14 A Day shall mean a day of 24 hours from midnight to mid night irrespective of the number ofhours worked in that day

15 A Week shall mean seven days without regard to the number of hours worked on any day inthat week

16 A ldquoMonthrdquo shall mean Gregorian Calendar Month irrespective of the number of hours workedon any day in that month

20 GENERAL

21 The Additional Special Conditions of Contract along with the Schedule of Items andApproximate Quantities General amp Standard Special Conditions of Contract ndash 2013 along withdeletion list enclosed as Annexures and Indian Railway Unified Standard SpecificationVolume-I amp II 2013 editionUSSOR Schedule of Rates (For labour amp materials) of NortheastFrontier Railway 2010 edition corrected up to date and relevant drawings with suchamendments which may be published from time to time during contract period shall constituteContract Documents and the contractor shall satisfy himselfthemselves in every respect as tothe true intent and meaning of these contract documents and to the nature extent and quality ofthe work required to be executed as no claim whatsoever arising through any misunderstandingof the intention or the meaning of any of the terms or expressions in these contract documentsshall be entertained after the submission of the tender

22 The work shall be executed in conformity with the tender documents such as the General ampStandard Special Conditions of Contract - 2013 and Indian Railway Unified StandardSpecification Volume-I amp II 2013 edition corrected up-to-date and other documents as per Para1 of Tender Form (Second Sheet) together with such amendments as may be published from timeto time and read in conjunction with the Additional Special Conditions and Special

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

19

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Specifications attached

23 In these tender documents where there is any conflict between the Additional Special Conditionsand Special Specifications on the one hand and the General Conditions of Contract and StandardSpecial Conditions-2013 and Indian Railway Unified Standard Specification Volume-I amp II2010 edition on the other the former shall prevail

30 DEVIATION

31 A Schedule of DeletionAlterations to the Standard Special Conditions of Contract of NFRailway (Engg Deptt) -2013 is enclosed as Annexure-C The items listed as deleted inAnnexure-F shall not be applicable to the tendercontract In case of alteration the item asprovided for in the Annexure-F shall be applicable to the tendercontract

32 Unless specifically provided otherwise in the Tender any and all exceptions which the Tenderermay have to any of the clauses of the Standard Special Conditions of Contract or theadditional Special Conditions of Contract if any as included in the Tender shall be clearlystated in a statement annexed to the tender and identified as Annexure-D Such exception shallbe listed in the format specified under the title Schedule of Deviations If the Tenderer has noexceptions the annexure shall be submitted with a NIL statement If the contractor does notinclude the Annexure with the Tender it shall be conclusive evidence that the Standard SpecialConditions of Contract and the additional Special Conditions of Contract withdeletionsalterations if any are entirely acceptable to the Contractor

33 Any Deviations from the Standard Special Conditions of Contract and the additional SpecialConditions of Contract if any stated by the Tenderer in his tender shall be a part of the Contractonly to such extent as have been explicitly accepted by the Railway and incorporated in theContract

40 INTENT OF PLANS SPECIFICATION AND CONTRACT DOCUMENTS

41 The work to be carried out under this contract shall except as otherwise provided in theseconditions include all labour materials (except the materials to be supplied by Railway freeof cost) construction plant equipment and transport which may be required in preparation of andfor the full and entire execution and successful completion of the works The description given inthe Schedule of works shall unless otherwise stated be held to include carriage and cartagecarrying and hoisting setting fitting and fixing in position and all other labour necessary in andfor the full and entire execution and successful completion of the works as aforesaid inaccordance with good practice and recognized principles and any urgent and temporary worksfully contingent upon the works

50 INSPECTION AND ADMISSION TO SITE

51 The Contractor shall not be permitted to enter on (other than for inspection purpose) or takepossession of the site until instructed to do so by the Engineer in writing The portion of the siteto be occupied by the contractor shall be defined andor shown in the site plan or this shall beindicated by the Engineer and the contractor shall on no account be allowed to extend hisoperation beyond these areas The contractor shall not use or allow it to be used the site soallowed to him by the Railway for any purpose other than that of executing the work Thecontractor shall make his own arrangement at his own cost for any additional land required byhim for the purpose of execution of the work

52 The Contractor shall at his own cost provide if necessary or if required on the site all temporary

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

20

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

access thereto to the satisfaction of the Engineer and shall alter adopt and maintain the same asrequired from time to time and shall take up and clear them away as and when no longer requiredand make good all damage done to the site

53 The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed tohave satisfied himself about the nature and type of work including ancillary worksnecessary for satisfactory execution of work Site accessibility availability of requiredmaterials need of suitable rollers for compaction of earthwork drying and wetting of soilbefore compactions arrangement for the testing equipment for quality control ofearthwork and concrete etc must be kept in view while quoting the rates

60 MODIFICATION OF DRAWINGS

The Railway reserves the right to altermodify the drawingsdesign to suit the site conditions Ifdue to the change in drawings or designs there is any increase or decrease in quantities in theitems of the schedule payment shall be made only for the actual quantities executed at theaccepted rates If there is sufficient ground for granting extension of the date of completion onthis account the Railway will consider such request on the merits of each individual case Suchcircumstances shall in no way affect or vitiate the contract or alter the character thereof or entitlecontractor to damages or compensation thereof

70 QUANTITIES IN SCHEDULE AND THEIR VARIATIONS

The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts

71 Individual NS items in contracts shall be operated with variation of plus or minus 25 andpayment would be made as per the agreement rate For this no finance concurrence would berequired

72 In case an increase in quantity of an individual item by more than 25 of the agreement quantityis considered unavoidable the same shall be got executed by floating a fresh tender If floating afresh tender for operating that item is considered not practicable quantity of that item may beoperated 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 theapproval of an officer of the rank not less than SA Grade

(i) Quantities operated in excess of 125 but upto 140 of the agreementquantity of the concerned item shall be paid at 98 of the rate awardedfor that item in that particular tender

(ii) Quantities operated in excess of 140 but upto 150 of the agreementquantity of the concerned item shall be paid at 96 of the rate awarded forthat item in that particular tender

(iii) Variation in quantities of individual items beyond 150 will be prohibitedand would be permitted only in exceptional unavoidable circumstanceswith the concurrence of associate finance and shall be paid at 96 of therate awarded for that item in that particulars tender

(b) The variation in quantities as per the above formula will apply only to the Individualitems of the contract and not on the overall contract value

(c ) Execution of quantities beyond 150 of the overall agreemental value should not bepermitted and if found necessary should be only through fresh tenders or bynegotiating with existing contractor with prior personal concurrence of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

21

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

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22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

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25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

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26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

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28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

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whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

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33

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period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

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34

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Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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35

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contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

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by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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37

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(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

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38

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Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

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(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

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ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

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41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

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43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

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44

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2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 12: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

D DECLARATION TO BE GIVEN BY THE TENDERER(S)

IWe _____________________________________________________ declare that

(a) We have examined and have no reservations to the Tender documents Documentsincluding Addenda issued

(b) We offer to execute the Works in conformity with the Tender Documents

(c) If our tender is accepted we commit to submit Security Deposit and PerformanceGuarantee in accordance with the tender Document within the time fixed

(d) If our tender is accepted we commit to deploy minimum key personnel and equipmentsconsistent with the stipulation in the Tender Document

(e) If our Tender is accepted we commit to submit work method statements for all majoractivities and get these approved from the engineer prior to commencing work on suchactivities We also understand that the work shall be executed as per the approved methodstatements without any deviations

(f) If our tender is accepted we commit to establish Testing Laboratory at the site of workwith minimum Testing equipments indicated in the Tender Document

(g) IWe amare not banned from doing business with Railways or any other MinistryDepartment of the Govt of India State Govt from participation in tenders contract on thedate of opening of bids either in individual capacity or the JV firm or partnership firm inwhich we wereare members partners

(h) IWe are not sister concernsallied partners who were individuals or firms or partners offirms banned from doing business with Railways

(i) IWe understand and agree that if IWe were found during consideration of the tender to bea firmindividual or sisterallied concern or any individual or firms or partner of firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and ban is still in force Earnest money deposit remitted by meus will beforfeited in full

(j) IWe understand that if IWe were found during the course of execution of work to be anindividual or firm or partner or firms or sisterallied concern of any individuals or firmsbanned by the Ministry of Railway or any other Ministry Govt Department from doingbusiness and the ban is still in force myour security deposit and Performance Guaranteewill be forfeited in full

(k) IWe understand that if IWe are found to be individual or firm or partner of firm orsisterallied concern of any individuals or firms banned by the Ministry of Railways or anyother Ministry Govt Department from doing business during the consideration of tenderor during the execution of work IWe are liable to be banned from doing business forfurther periods to be specified by Railways

(l) IWe are satisfying the eligibility conditions mentioned in the tender and IWe haveenclosed attested copies of documents along with the tender in support of myour claim of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

12

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfying eligibility conditions IWe understand that IWe have to produce the originaldocuments if so demanded by the Railways IWe understand that if any of the documentswere found to be bogus myour earnest money deposit (before finalisation of tender)security deposit (after awarding work) will be forfeited in full and IWe are liable to bebanned from doing business with Railways for any period to be specified by the Railwaysand also liable for legal proceedings against meus

(m) IWe have submitted full details of work on hand and progress thereon IWe understandthat if the information furnished by meus were found to be false myour tender is liable tobe rejected and Earnest money deposit in full is liable to be forfeited If it is found to befalse at any stage IWe are liable to be banned from doing business with Railways for anyperiod to be specified by Railways and also liable for legal proceedings against meus

(n) We have not made any tempering or changes in the Bidding Documents on which the Bidis being submitted and if any tampering or changes are detected at any stage weunderstand that the Bid will summarily rejected and forfeiture of Bid Security thecontract will be liable to be terminated along with forfeiture of full amount of performancesecurity even if LOA has been issued and

(o) We understand that you are not bound to accept the lowest evaluated bid or any other bidthat you may receive

(p) Iwe are not sister concernsallied partners of firmrsquos who have been found guilty in anycriminal case in the past

Name helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign the Bid for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SIGNATURE amp ADDRESS OF WITNESSES TO THE SIGNATURE OF THETENDERER(S)

WITNESSES

1 Name Signature

Address Date

2 Name Signature

Address Date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

13

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

30 SIGNING OF TENDERS

The tendererContractor shall sign each and every page of the Tender document

Any individuals signing the Tender or other documents connected therewith should specifywhether he is signing

i) As Sole Proprietor of the concern or his Attorneyor

ii) As a Partner or Partners of the Firmor

iii) For the Firm per procuration or

iv) As a Director Manager or Secretary in the case of Limited Company

31 In the case of firms not registered under the Indian Partnership Act all the partners or theattorney duly authorised by all of them should sign the tender and all other connecteddocuments The original document empowering the individual or individuals to sign theoriginal partnership deed with registration certificates if any in case the tenderer(s) is a firmand the Memorandum and Articles of Association in case the tenderer(s) is a Companyshould be furnished to the purchaser for verification if required

40 EARNEST MONEY

41 The tenderer(s) is required to deposit ` 1886000 only as earnest money for theperformance of the tender who will keep the offer open for a period of 120 days from thedate fixed for opening of tender it being clearly understood that the tenderer(s) aftersubmitting his tender will not resile from his offer or modify the rates items and conditionsthereof failing which the aforesaid amount shall be liable to be forfeited by the Railway

42 The earnest money should be in cash or Bankerrsquos ChequesDemand Drafts in favourof FAampCAOCon NFRailway executed by State Bank of India or any of theNationalized Banks or by a Scheduled Bank

43 The Earnest Money when deposited in cash should be remitted to the DivisionalCashierCONNFRailway Maligaon Guwahati-11 and the receipt obtained there-fromshould be enclosed with the tender as a proof of the deposit of the requisite earnest money

44 Bankerrsquos ChequesDemand drafts from the State Bank of India or from any of theNationalised Banks or a Schedule Banks should be drawn in favour of ldquo FinancialAdvisor amp Chief Account OfficerCONN F RailwayMaligaonrdquo and endorsedldquoAccount Payeerdquo and valid at least upto the validity of tender offer No conformationadvise from the Reserve Bank of India will be necessary

45 A tender not accompanied with requisite earnest money in the requisite manner as aforesaidwill be summarily rejected

46 Earnest money shall not be acceptable in the shape of Bank Guarantee Bond

a) If any of these instruments are found to have been drawn in favour ofpayable tothe tenderer they would be invalid and the tender submitted would be summarilyrejected

b) The name of the tenderer (party) on whose account the DD has been issued is tobe mentioned by the Banker at an appropriate place on the instrument itself

c) Government securities (Stock Certificates Bearer Bonds Promissory Notes etc)and Guarantee bonds executed by banks will not be accepted towards earnest

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

14

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

money

47 In the event of tenderer(s) defaulting in not adhering to the conditions laid down in para41 the Railway Administration shall be entitled to forfeit the full amount of earnestmoney deposited along the tender without prejudice to any other remedy available to theRailway

48 No interest will be paid on earnest money The earnest money will be refunded to theunsuccessful tenderer(s) within a reasonable period of time The earnest moneydeposited by the successful tenderer(s) will be retained towards the security deposit forthe due and faithful fulfillment of the contract but shall be forfeited if the contractor failsto execute the agreement or start the work within time schedule vide clause 3(a) 3(b) amp3(c) of Tender Form (First sheet) or a reasonable time determined by the Engineer afternotification of the acceptance of histheir tender

49 Railway shall be entitled to forfeit the earnest money specified for the particular work ifthe tenderer(s) failsfail to execute the agreement or start the work within time as perclause 48

50 CREDENTIALS (Eligibility Criteria)

51 Eligibility Criteria WILL BE AS UNDER

(A) Technical Criteria Deleted

(B) Financial Capability

Tenderer should have sufficient financial capacitycapability amp past performance to carry out theabove works which will be investigated by theTender Committee at the time of recommendingfor awarding the work

52

Tender must be enclosed in sealed cover super-scribed with Tender No and must be sentby Regd postSpeed post to the address of Chief Engineer (Construction) NFRailway Maligaon Guwahati-781 011 so as to reach this office not later than 1430hrs on 18-08-2016 or can be deposited in the Special Boxes allotted for the purpose inthe offices mentioned in the TENDER NO TENDER NODYCECONTeteliaByrnihatPreparation of GAD201635 The boxes will be sealed at 1430 hrs of18-08-2016 The tender will be opened on 23-08-2016 at 1100 hrs at General Manager(Construction)NFRailway Maligaon`s Office The tenders which are received after thesealing of the tender box are liable to be rejected

53 Non-compliance with any conditions mentioned above is liable to result in the tenderbeing rejected

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

15

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

60 Acceptance of Tender

61 The authority for the acceptance of the tender will rest with General ManagerCONN FRailway Maligaon Chief EngineerCONMaligaon Dy Chief EngineerCon of fieldunits for and on behalf of President of India who does not bind himself to accept thelowest or any other tender nor does he undertake to assign reasons for declining toconsider any particular tender or tenders No tenderer(s) shall demand any explanationon the cause of rejection of histheir tender No correspondence will be entertained withthe tenderer(s) in respect of the rejection of any or all tenders

62 Tender documents submitted by the tenderer(s) shall become the property of Railway andthe Railway shall have no obligation to return the same The cost of Tender Document isnot refundable

63 If the tenderer(s) deliberately gives wrong information in his tender the Railway reservesthe right to reject such tender at any stage

64 If a tenderer(s) expires after the submission of his tender or after the acceptance of histender the Railway shall deem such tender as cancelled If a partner of tendering firmexpires after the submission of or after acceptance of their tender the Railway shall deemsuch tender as cancelled unless the firm retains its character

65 The accepting authority reserves the right to divide the tender amongst more than onetenderers if deemed necessary and also to reject any or all tenders received withoutassigning any reason and does not bind himself to accept the lowest or any other tender

66 Conditional discounts offered by the tenderers for coverage within a shorter periodfor early inspectionpayment etc shall not be considered for evaluation of tender

70 Execution of Contract document

71 The tenderer whose tender is accepted shall be required to appear in the office of theGeneral ManagerCon in person or if a firm or corporation a duly authorisedrepresentative shall so appear to execute the contract documents within seven days afternotice to do so Failure to comply shall constitute a breach of the agreement effected bythe acceptance of the tender in which case the full value of the earnest moneyaccompanying the tender shall stand forfeited without prejudice to any other rights orremedies

72 In the event of any tenderer whose tender is accepted refusing to execute the contractdocuments as therein before provided the Railway may determine that such tenderer hasabandoned the contract and thereupon his tender and the acceptance thereof shall betreated as cancelled amp the Rly shall be entitled to forfeit the full amount of the earnestmoney and to recover the liquidated damages for such default equivalent to the amount ofPerformance Gaurantee

73 The tenderer shall keep the offer open for a minimum period of 120 days from the date ofopening of the tender within which period the tenderer cannot withdraw his offer Thisperiod may be extended further if so required by mutual agreement between the partiesfrom time to time Any contravention of this condition will make the tenderer liable forforfeiture of this security deposit

74 Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or Administrative capacity

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

16

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

or whether holding a pensionable post or not in the Engineering Department of any of theRailway onward andor administered by the President of India for the time being orshould a tenderer being partnership firm have as one of its partners a retired Engineer or aretired Gazetted Officer or should a tenderer being incorporated company have any suchretired Engineer or retired officer as one of its directors or should a tenderer have in hisemployment any retired Engineer or retired Gazetted officer as aforesaid the fullinformation to the date of retirement of such Engineer or Gazetted officer from the saidservice and in case where such Engineer or Officer had not retired from Governmentservice at least two years prior to the date of the submission of this tender as to whetherpermission for taking such contract or if the contractor be a partnership firm or anincorporated company to be one a partner or Director as the case may be or to takeemployment under the contractor has been obtained by the tenderer from the Engineer orthe officer authorized by him in this behalf shall be clearly stated in writing at the time ofsubmitting the tender Tenderers without the information above referred to or a statementto the effect that no such retired Engineer or retired Gazetted officer is so associated withthe tenderer as the case may be shall be rejected

75 Should a tenderer or contractor have a relative employed in Gazetted capacity in anydepartment of the NFRailway or in the case of partnership firm or companyincorporated under the company Law should p partner or a relative of the partner or ashare holder or a relative of a share holder be employed in Gazetted capacity in anydepartment of the NFRailway the authority inviting tender shall be informed of the factat the time of submission of tenders failing which the tender may be rejected or if suchfact subsequently comes to light the contract may be rescinded in accordance with theprovisions in Clause 62 of the General Conditions of Contract A declaration form(proforma attached) to this effect should be signed and enclosed with the tender(Annexure-B)

76 The tenderers shall clearly specify whether the tender is submitted on his behalf or onbehalf of partnership concern If the tender is submitted on behalf of partnership concernhe should submit the certified copy of partnership deed along with the tender and powerof attorney to sign the tender documents on behalf of partnership concern If thesedocuments are not enclosed along with the tender documents the tender will be treated ashaving been submitted by the person signing the tender in his individual capacity

80 The Railway will not be bound by any power of attorney granted by the tenderer or bychanges in the composition of the firm made subsequent to the execution of the contractIt may however recognize such power of attorney and changes after obtaining properlegal advise the cost of which will be chargeable to the contractor

90 If the tenderer whether a sole proprietor limited company or a partnership firm wants toact through agents or individual partnerpartners should submit along with the tender orat a later stage a power of Attorney duly stamped and authenticated by a public notary orby a Magistrate in favour of the specific persons whether hethey be partnerpartners ofthe firm or any other persons specially authorizing himthem to submit the tender signthe agreement receive money witness measurement signs measurement book compromise delete relinquish any claim or claims preferred by firm and sign No claimcertificate and refer all or disputed items to arbitration

100 The Railway reserves the right to accept a tender in whole or in part or reject any tenderor all tenders without assigning reasons for any such action

110 Negotiations with tenderer(s)

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

17

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

The Railway reserve the right to hold negotiations with lowest who should be lowestvalid eligible and technically acceptable tenderer considered for award of contractdirectly if the rates were not unreasonably high

120 Inspection of site

Before submitting a tender the tenderers will be deemed to have satisfied himself byactual inspection of the site and locality of the works that all conditions liable to beencountered during the execution of the works are taken into account and that the rates hehas entered in Schedule of quantities and Rates of the tender document are adequateand all inclusive to accord with the provision of the general and special conditions ofcontract for the completion of the works to the entire satisfaction of the Engineer Noclaim shall be entertained from the contractor for making his own arrangements forapproached roads from outside Railway land and contractor will bear entire expensessuch as road taxes payment on right of way etc to outsiders

130 Examination of Documents

The submission of the tender shall be deemed to have been done after careful study andexamination of the tender document with full understanding of the implications thereofAny clarification required by a tenderer shall be obtained from the office inviting tenderson any working day

140 Tender documents are not transferable and cost of tender document is not refundable

150 Sequence of work

151 The contractor(s) shall comply with the order of engineer in charge in regard to thesequences of tackling and progressing component parts of works

160 Preparation of PERT Chart

161 The successful tenderer within 20 days after the contract is awarded will make out adetailed PERT Chart along with detailed programme chart based on accepted schemeindicating various stages of execution method of execution and completion of work indifferent stages keeping the period of completion in view and submit the same to theengineer for the consideration and approval The above programme shall be strictlyadhered to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

18

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

10 DEFINITION AND INTERPRETATIONS

In the Contract documents the following terms shall have the meanings herein assigned to themexcept where the contract otherwise requires

11 General Manager shall be the Officer in Administrative charge of the whole of the NortheastFrontier Railway and shall mean and include the General Manager of the successor Railway andGeneral Manager (Construction) of Northeast Frontier Railway

12 Engineer shall mean the Executive Engineer in executive charge of the work and shall includethe superior Officer of the Engineering Department of the Northeast Frontier Railway ie DeputyChief Engineer (Construction)Chief Engineer (Construction) and shall mean and include theEngineer of the successor Railway

13 Construction plant shall mean all plants machinery vehicles river vessels tools equipmentappliances or things of whatsoever nature required in or about execution completion ormaintenance of the works or temporary work but does not include materials or other thingsintended to or forming part of the permanent work

14 A Day shall mean a day of 24 hours from midnight to mid night irrespective of the number ofhours worked in that day

15 A Week shall mean seven days without regard to the number of hours worked on any day inthat week

16 A ldquoMonthrdquo shall mean Gregorian Calendar Month irrespective of the number of hours workedon any day in that month

20 GENERAL

21 The Additional Special Conditions of Contract along with the Schedule of Items andApproximate Quantities General amp Standard Special Conditions of Contract ndash 2013 along withdeletion list enclosed as Annexures and Indian Railway Unified Standard SpecificationVolume-I amp II 2013 editionUSSOR Schedule of Rates (For labour amp materials) of NortheastFrontier Railway 2010 edition corrected up to date and relevant drawings with suchamendments which may be published from time to time during contract period shall constituteContract Documents and the contractor shall satisfy himselfthemselves in every respect as tothe true intent and meaning of these contract documents and to the nature extent and quality ofthe work required to be executed as no claim whatsoever arising through any misunderstandingof the intention or the meaning of any of the terms or expressions in these contract documentsshall be entertained after the submission of the tender

22 The work shall be executed in conformity with the tender documents such as the General ampStandard Special Conditions of Contract - 2013 and Indian Railway Unified StandardSpecification Volume-I amp II 2013 edition corrected up-to-date and other documents as per Para1 of Tender Form (Second Sheet) together with such amendments as may be published from timeto time and read in conjunction with the Additional Special Conditions and Special

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

19

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Specifications attached

23 In these tender documents where there is any conflict between the Additional Special Conditionsand Special Specifications on the one hand and the General Conditions of Contract and StandardSpecial Conditions-2013 and Indian Railway Unified Standard Specification Volume-I amp II2010 edition on the other the former shall prevail

30 DEVIATION

31 A Schedule of DeletionAlterations to the Standard Special Conditions of Contract of NFRailway (Engg Deptt) -2013 is enclosed as Annexure-C The items listed as deleted inAnnexure-F shall not be applicable to the tendercontract In case of alteration the item asprovided for in the Annexure-F shall be applicable to the tendercontract

32 Unless specifically provided otherwise in the Tender any and all exceptions which the Tenderermay have to any of the clauses of the Standard Special Conditions of Contract or theadditional Special Conditions of Contract if any as included in the Tender shall be clearlystated in a statement annexed to the tender and identified as Annexure-D Such exception shallbe listed in the format specified under the title Schedule of Deviations If the Tenderer has noexceptions the annexure shall be submitted with a NIL statement If the contractor does notinclude the Annexure with the Tender it shall be conclusive evidence that the Standard SpecialConditions of Contract and the additional Special Conditions of Contract withdeletionsalterations if any are entirely acceptable to the Contractor

33 Any Deviations from the Standard Special Conditions of Contract and the additional SpecialConditions of Contract if any stated by the Tenderer in his tender shall be a part of the Contractonly to such extent as have been explicitly accepted by the Railway and incorporated in theContract

40 INTENT OF PLANS SPECIFICATION AND CONTRACT DOCUMENTS

41 The work to be carried out under this contract shall except as otherwise provided in theseconditions include all labour materials (except the materials to be supplied by Railway freeof cost) construction plant equipment and transport which may be required in preparation of andfor the full and entire execution and successful completion of the works The description given inthe Schedule of works shall unless otherwise stated be held to include carriage and cartagecarrying and hoisting setting fitting and fixing in position and all other labour necessary in andfor the full and entire execution and successful completion of the works as aforesaid inaccordance with good practice and recognized principles and any urgent and temporary worksfully contingent upon the works

50 INSPECTION AND ADMISSION TO SITE

51 The Contractor shall not be permitted to enter on (other than for inspection purpose) or takepossession of the site until instructed to do so by the Engineer in writing The portion of the siteto be occupied by the contractor shall be defined andor shown in the site plan or this shall beindicated by the Engineer and the contractor shall on no account be allowed to extend hisoperation beyond these areas The contractor shall not use or allow it to be used the site soallowed to him by the Railway for any purpose other than that of executing the work Thecontractor shall make his own arrangement at his own cost for any additional land required byhim for the purpose of execution of the work

52 The Contractor shall at his own cost provide if necessary or if required on the site all temporary

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

20

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

access thereto to the satisfaction of the Engineer and shall alter adopt and maintain the same asrequired from time to time and shall take up and clear them away as and when no longer requiredand make good all damage done to the site

53 The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed tohave satisfied himself about the nature and type of work including ancillary worksnecessary for satisfactory execution of work Site accessibility availability of requiredmaterials need of suitable rollers for compaction of earthwork drying and wetting of soilbefore compactions arrangement for the testing equipment for quality control ofearthwork and concrete etc must be kept in view while quoting the rates

60 MODIFICATION OF DRAWINGS

The Railway reserves the right to altermodify the drawingsdesign to suit the site conditions Ifdue to the change in drawings or designs there is any increase or decrease in quantities in theitems of the schedule payment shall be made only for the actual quantities executed at theaccepted rates If there is sufficient ground for granting extension of the date of completion onthis account the Railway will consider such request on the merits of each individual case Suchcircumstances shall in no way affect or vitiate the contract or alter the character thereof or entitlecontractor to damages or compensation thereof

70 QUANTITIES IN SCHEDULE AND THEIR VARIATIONS

The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts

71 Individual NS items in contracts shall be operated with variation of plus or minus 25 andpayment would be made as per the agreement rate For this no finance concurrence would berequired

72 In case an increase in quantity of an individual item by more than 25 of the agreement quantityis considered unavoidable the same shall be got executed by floating a fresh tender If floating afresh tender for operating that item is considered not practicable quantity of that item may beoperated 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 theapproval of an officer of the rank not less than SA Grade

(i) Quantities operated in excess of 125 but upto 140 of the agreementquantity of the concerned item shall be paid at 98 of the rate awardedfor that item in that particular tender

(ii) Quantities operated in excess of 140 but upto 150 of the agreementquantity of the concerned item shall be paid at 96 of the rate awarded forthat item in that particular tender

(iii) Variation in quantities of individual items beyond 150 will be prohibitedand would be permitted only in exceptional unavoidable circumstanceswith the concurrence of associate finance and shall be paid at 96 of therate awarded for that item in that particulars tender

(b) The variation in quantities as per the above formula will apply only to the Individualitems of the contract and not on the overall contract value

(c ) Execution of quantities beyond 150 of the overall agreemental value should not bepermitted and if found necessary should be only through fresh tenders or bynegotiating with existing contractor with prior personal concurrence of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

21

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

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22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

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25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

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26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

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whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

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33

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period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

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34

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Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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35

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contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

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by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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37

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(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

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38

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Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

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(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

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ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

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41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

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43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

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44

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2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 13: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfying eligibility conditions IWe understand that IWe have to produce the originaldocuments if so demanded by the Railways IWe understand that if any of the documentswere found to be bogus myour earnest money deposit (before finalisation of tender)security deposit (after awarding work) will be forfeited in full and IWe are liable to bebanned from doing business with Railways for any period to be specified by the Railwaysand also liable for legal proceedings against meus

(m) IWe have submitted full details of work on hand and progress thereon IWe understandthat if the information furnished by meus were found to be false myour tender is liable tobe rejected and Earnest money deposit in full is liable to be forfeited If it is found to befalse at any stage IWe are liable to be banned from doing business with Railways for anyperiod to be specified by Railways and also liable for legal proceedings against meus

(n) We have not made any tempering or changes in the Bidding Documents on which the Bidis being submitted and if any tampering or changes are detected at any stage weunderstand that the Bid will summarily rejected and forfeiture of Bid Security thecontract will be liable to be terminated along with forfeiture of full amount of performancesecurity even if LOA has been issued and

(o) We understand that you are not bound to accept the lowest evaluated bid or any other bidthat you may receive

(p) Iwe are not sister concernsallied partners of firmrsquos who have been found guilty in anycriminal case in the past

Name helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign the Bid for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

SIGNATURE amp ADDRESS OF WITNESSES TO THE SIGNATURE OF THETENDERER(S)

WITNESSES

1 Name Signature

Address Date

2 Name Signature

Address Date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

13

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

30 SIGNING OF TENDERS

The tendererContractor shall sign each and every page of the Tender document

Any individuals signing the Tender or other documents connected therewith should specifywhether he is signing

i) As Sole Proprietor of the concern or his Attorneyor

ii) As a Partner or Partners of the Firmor

iii) For the Firm per procuration or

iv) As a Director Manager or Secretary in the case of Limited Company

31 In the case of firms not registered under the Indian Partnership Act all the partners or theattorney duly authorised by all of them should sign the tender and all other connecteddocuments The original document empowering the individual or individuals to sign theoriginal partnership deed with registration certificates if any in case the tenderer(s) is a firmand the Memorandum and Articles of Association in case the tenderer(s) is a Companyshould be furnished to the purchaser for verification if required

40 EARNEST MONEY

41 The tenderer(s) is required to deposit ` 1886000 only as earnest money for theperformance of the tender who will keep the offer open for a period of 120 days from thedate fixed for opening of tender it being clearly understood that the tenderer(s) aftersubmitting his tender will not resile from his offer or modify the rates items and conditionsthereof failing which the aforesaid amount shall be liable to be forfeited by the Railway

42 The earnest money should be in cash or Bankerrsquos ChequesDemand Drafts in favourof FAampCAOCon NFRailway executed by State Bank of India or any of theNationalized Banks or by a Scheduled Bank

43 The Earnest Money when deposited in cash should be remitted to the DivisionalCashierCONNFRailway Maligaon Guwahati-11 and the receipt obtained there-fromshould be enclosed with the tender as a proof of the deposit of the requisite earnest money

44 Bankerrsquos ChequesDemand drafts from the State Bank of India or from any of theNationalised Banks or a Schedule Banks should be drawn in favour of ldquo FinancialAdvisor amp Chief Account OfficerCONN F RailwayMaligaonrdquo and endorsedldquoAccount Payeerdquo and valid at least upto the validity of tender offer No conformationadvise from the Reserve Bank of India will be necessary

45 A tender not accompanied with requisite earnest money in the requisite manner as aforesaidwill be summarily rejected

46 Earnest money shall not be acceptable in the shape of Bank Guarantee Bond

a) If any of these instruments are found to have been drawn in favour ofpayable tothe tenderer they would be invalid and the tender submitted would be summarilyrejected

b) The name of the tenderer (party) on whose account the DD has been issued is tobe mentioned by the Banker at an appropriate place on the instrument itself

c) Government securities (Stock Certificates Bearer Bonds Promissory Notes etc)and Guarantee bonds executed by banks will not be accepted towards earnest

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

14

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

money

47 In the event of tenderer(s) defaulting in not adhering to the conditions laid down in para41 the Railway Administration shall be entitled to forfeit the full amount of earnestmoney deposited along the tender without prejudice to any other remedy available to theRailway

48 No interest will be paid on earnest money The earnest money will be refunded to theunsuccessful tenderer(s) within a reasonable period of time The earnest moneydeposited by the successful tenderer(s) will be retained towards the security deposit forthe due and faithful fulfillment of the contract but shall be forfeited if the contractor failsto execute the agreement or start the work within time schedule vide clause 3(a) 3(b) amp3(c) of Tender Form (First sheet) or a reasonable time determined by the Engineer afternotification of the acceptance of histheir tender

49 Railway shall be entitled to forfeit the earnest money specified for the particular work ifthe tenderer(s) failsfail to execute the agreement or start the work within time as perclause 48

50 CREDENTIALS (Eligibility Criteria)

51 Eligibility Criteria WILL BE AS UNDER

(A) Technical Criteria Deleted

(B) Financial Capability

Tenderer should have sufficient financial capacitycapability amp past performance to carry out theabove works which will be investigated by theTender Committee at the time of recommendingfor awarding the work

52

Tender must be enclosed in sealed cover super-scribed with Tender No and must be sentby Regd postSpeed post to the address of Chief Engineer (Construction) NFRailway Maligaon Guwahati-781 011 so as to reach this office not later than 1430hrs on 18-08-2016 or can be deposited in the Special Boxes allotted for the purpose inthe offices mentioned in the TENDER NO TENDER NODYCECONTeteliaByrnihatPreparation of GAD201635 The boxes will be sealed at 1430 hrs of18-08-2016 The tender will be opened on 23-08-2016 at 1100 hrs at General Manager(Construction)NFRailway Maligaon`s Office The tenders which are received after thesealing of the tender box are liable to be rejected

53 Non-compliance with any conditions mentioned above is liable to result in the tenderbeing rejected

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

15

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

60 Acceptance of Tender

61 The authority for the acceptance of the tender will rest with General ManagerCONN FRailway Maligaon Chief EngineerCONMaligaon Dy Chief EngineerCon of fieldunits for and on behalf of President of India who does not bind himself to accept thelowest or any other tender nor does he undertake to assign reasons for declining toconsider any particular tender or tenders No tenderer(s) shall demand any explanationon the cause of rejection of histheir tender No correspondence will be entertained withthe tenderer(s) in respect of the rejection of any or all tenders

62 Tender documents submitted by the tenderer(s) shall become the property of Railway andthe Railway shall have no obligation to return the same The cost of Tender Document isnot refundable

63 If the tenderer(s) deliberately gives wrong information in his tender the Railway reservesthe right to reject such tender at any stage

64 If a tenderer(s) expires after the submission of his tender or after the acceptance of histender the Railway shall deem such tender as cancelled If a partner of tendering firmexpires after the submission of or after acceptance of their tender the Railway shall deemsuch tender as cancelled unless the firm retains its character

65 The accepting authority reserves the right to divide the tender amongst more than onetenderers if deemed necessary and also to reject any or all tenders received withoutassigning any reason and does not bind himself to accept the lowest or any other tender

66 Conditional discounts offered by the tenderers for coverage within a shorter periodfor early inspectionpayment etc shall not be considered for evaluation of tender

70 Execution of Contract document

71 The tenderer whose tender is accepted shall be required to appear in the office of theGeneral ManagerCon in person or if a firm or corporation a duly authorisedrepresentative shall so appear to execute the contract documents within seven days afternotice to do so Failure to comply shall constitute a breach of the agreement effected bythe acceptance of the tender in which case the full value of the earnest moneyaccompanying the tender shall stand forfeited without prejudice to any other rights orremedies

72 In the event of any tenderer whose tender is accepted refusing to execute the contractdocuments as therein before provided the Railway may determine that such tenderer hasabandoned the contract and thereupon his tender and the acceptance thereof shall betreated as cancelled amp the Rly shall be entitled to forfeit the full amount of the earnestmoney and to recover the liquidated damages for such default equivalent to the amount ofPerformance Gaurantee

73 The tenderer shall keep the offer open for a minimum period of 120 days from the date ofopening of the tender within which period the tenderer cannot withdraw his offer Thisperiod may be extended further if so required by mutual agreement between the partiesfrom time to time Any contravention of this condition will make the tenderer liable forforfeiture of this security deposit

74 Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or Administrative capacity

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

16

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

or whether holding a pensionable post or not in the Engineering Department of any of theRailway onward andor administered by the President of India for the time being orshould a tenderer being partnership firm have as one of its partners a retired Engineer or aretired Gazetted Officer or should a tenderer being incorporated company have any suchretired Engineer or retired officer as one of its directors or should a tenderer have in hisemployment any retired Engineer or retired Gazetted officer as aforesaid the fullinformation to the date of retirement of such Engineer or Gazetted officer from the saidservice and in case where such Engineer or Officer had not retired from Governmentservice at least two years prior to the date of the submission of this tender as to whetherpermission for taking such contract or if the contractor be a partnership firm or anincorporated company to be one a partner or Director as the case may be or to takeemployment under the contractor has been obtained by the tenderer from the Engineer orthe officer authorized by him in this behalf shall be clearly stated in writing at the time ofsubmitting the tender Tenderers without the information above referred to or a statementto the effect that no such retired Engineer or retired Gazetted officer is so associated withthe tenderer as the case may be shall be rejected

75 Should a tenderer or contractor have a relative employed in Gazetted capacity in anydepartment of the NFRailway or in the case of partnership firm or companyincorporated under the company Law should p partner or a relative of the partner or ashare holder or a relative of a share holder be employed in Gazetted capacity in anydepartment of the NFRailway the authority inviting tender shall be informed of the factat the time of submission of tenders failing which the tender may be rejected or if suchfact subsequently comes to light the contract may be rescinded in accordance with theprovisions in Clause 62 of the General Conditions of Contract A declaration form(proforma attached) to this effect should be signed and enclosed with the tender(Annexure-B)

76 The tenderers shall clearly specify whether the tender is submitted on his behalf or onbehalf of partnership concern If the tender is submitted on behalf of partnership concernhe should submit the certified copy of partnership deed along with the tender and powerof attorney to sign the tender documents on behalf of partnership concern If thesedocuments are not enclosed along with the tender documents the tender will be treated ashaving been submitted by the person signing the tender in his individual capacity

80 The Railway will not be bound by any power of attorney granted by the tenderer or bychanges in the composition of the firm made subsequent to the execution of the contractIt may however recognize such power of attorney and changes after obtaining properlegal advise the cost of which will be chargeable to the contractor

90 If the tenderer whether a sole proprietor limited company or a partnership firm wants toact through agents or individual partnerpartners should submit along with the tender orat a later stage a power of Attorney duly stamped and authenticated by a public notary orby a Magistrate in favour of the specific persons whether hethey be partnerpartners ofthe firm or any other persons specially authorizing himthem to submit the tender signthe agreement receive money witness measurement signs measurement book compromise delete relinquish any claim or claims preferred by firm and sign No claimcertificate and refer all or disputed items to arbitration

100 The Railway reserves the right to accept a tender in whole or in part or reject any tenderor all tenders without assigning reasons for any such action

110 Negotiations with tenderer(s)

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

17

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

The Railway reserve the right to hold negotiations with lowest who should be lowestvalid eligible and technically acceptable tenderer considered for award of contractdirectly if the rates were not unreasonably high

120 Inspection of site

Before submitting a tender the tenderers will be deemed to have satisfied himself byactual inspection of the site and locality of the works that all conditions liable to beencountered during the execution of the works are taken into account and that the rates hehas entered in Schedule of quantities and Rates of the tender document are adequateand all inclusive to accord with the provision of the general and special conditions ofcontract for the completion of the works to the entire satisfaction of the Engineer Noclaim shall be entertained from the contractor for making his own arrangements forapproached roads from outside Railway land and contractor will bear entire expensessuch as road taxes payment on right of way etc to outsiders

130 Examination of Documents

The submission of the tender shall be deemed to have been done after careful study andexamination of the tender document with full understanding of the implications thereofAny clarification required by a tenderer shall be obtained from the office inviting tenderson any working day

140 Tender documents are not transferable and cost of tender document is not refundable

150 Sequence of work

151 The contractor(s) shall comply with the order of engineer in charge in regard to thesequences of tackling and progressing component parts of works

160 Preparation of PERT Chart

161 The successful tenderer within 20 days after the contract is awarded will make out adetailed PERT Chart along with detailed programme chart based on accepted schemeindicating various stages of execution method of execution and completion of work indifferent stages keeping the period of completion in view and submit the same to theengineer for the consideration and approval The above programme shall be strictlyadhered to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

18

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

10 DEFINITION AND INTERPRETATIONS

In the Contract documents the following terms shall have the meanings herein assigned to themexcept where the contract otherwise requires

11 General Manager shall be the Officer in Administrative charge of the whole of the NortheastFrontier Railway and shall mean and include the General Manager of the successor Railway andGeneral Manager (Construction) of Northeast Frontier Railway

12 Engineer shall mean the Executive Engineer in executive charge of the work and shall includethe superior Officer of the Engineering Department of the Northeast Frontier Railway ie DeputyChief Engineer (Construction)Chief Engineer (Construction) and shall mean and include theEngineer of the successor Railway

13 Construction plant shall mean all plants machinery vehicles river vessels tools equipmentappliances or things of whatsoever nature required in or about execution completion ormaintenance of the works or temporary work but does not include materials or other thingsintended to or forming part of the permanent work

14 A Day shall mean a day of 24 hours from midnight to mid night irrespective of the number ofhours worked in that day

15 A Week shall mean seven days without regard to the number of hours worked on any day inthat week

16 A ldquoMonthrdquo shall mean Gregorian Calendar Month irrespective of the number of hours workedon any day in that month

20 GENERAL

21 The Additional Special Conditions of Contract along with the Schedule of Items andApproximate Quantities General amp Standard Special Conditions of Contract ndash 2013 along withdeletion list enclosed as Annexures and Indian Railway Unified Standard SpecificationVolume-I amp II 2013 editionUSSOR Schedule of Rates (For labour amp materials) of NortheastFrontier Railway 2010 edition corrected up to date and relevant drawings with suchamendments which may be published from time to time during contract period shall constituteContract Documents and the contractor shall satisfy himselfthemselves in every respect as tothe true intent and meaning of these contract documents and to the nature extent and quality ofthe work required to be executed as no claim whatsoever arising through any misunderstandingof the intention or the meaning of any of the terms or expressions in these contract documentsshall be entertained after the submission of the tender

22 The work shall be executed in conformity with the tender documents such as the General ampStandard Special Conditions of Contract - 2013 and Indian Railway Unified StandardSpecification Volume-I amp II 2013 edition corrected up-to-date and other documents as per Para1 of Tender Form (Second Sheet) together with such amendments as may be published from timeto time and read in conjunction with the Additional Special Conditions and Special

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

19

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Specifications attached

23 In these tender documents where there is any conflict between the Additional Special Conditionsand Special Specifications on the one hand and the General Conditions of Contract and StandardSpecial Conditions-2013 and Indian Railway Unified Standard Specification Volume-I amp II2010 edition on the other the former shall prevail

30 DEVIATION

31 A Schedule of DeletionAlterations to the Standard Special Conditions of Contract of NFRailway (Engg Deptt) -2013 is enclosed as Annexure-C The items listed as deleted inAnnexure-F shall not be applicable to the tendercontract In case of alteration the item asprovided for in the Annexure-F shall be applicable to the tendercontract

32 Unless specifically provided otherwise in the Tender any and all exceptions which the Tenderermay have to any of the clauses of the Standard Special Conditions of Contract or theadditional Special Conditions of Contract if any as included in the Tender shall be clearlystated in a statement annexed to the tender and identified as Annexure-D Such exception shallbe listed in the format specified under the title Schedule of Deviations If the Tenderer has noexceptions the annexure shall be submitted with a NIL statement If the contractor does notinclude the Annexure with the Tender it shall be conclusive evidence that the Standard SpecialConditions of Contract and the additional Special Conditions of Contract withdeletionsalterations if any are entirely acceptable to the Contractor

33 Any Deviations from the Standard Special Conditions of Contract and the additional SpecialConditions of Contract if any stated by the Tenderer in his tender shall be a part of the Contractonly to such extent as have been explicitly accepted by the Railway and incorporated in theContract

40 INTENT OF PLANS SPECIFICATION AND CONTRACT DOCUMENTS

41 The work to be carried out under this contract shall except as otherwise provided in theseconditions include all labour materials (except the materials to be supplied by Railway freeof cost) construction plant equipment and transport which may be required in preparation of andfor the full and entire execution and successful completion of the works The description given inthe Schedule of works shall unless otherwise stated be held to include carriage and cartagecarrying and hoisting setting fitting and fixing in position and all other labour necessary in andfor the full and entire execution and successful completion of the works as aforesaid inaccordance with good practice and recognized principles and any urgent and temporary worksfully contingent upon the works

50 INSPECTION AND ADMISSION TO SITE

51 The Contractor shall not be permitted to enter on (other than for inspection purpose) or takepossession of the site until instructed to do so by the Engineer in writing The portion of the siteto be occupied by the contractor shall be defined andor shown in the site plan or this shall beindicated by the Engineer and the contractor shall on no account be allowed to extend hisoperation beyond these areas The contractor shall not use or allow it to be used the site soallowed to him by the Railway for any purpose other than that of executing the work Thecontractor shall make his own arrangement at his own cost for any additional land required byhim for the purpose of execution of the work

52 The Contractor shall at his own cost provide if necessary or if required on the site all temporary

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

20

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

access thereto to the satisfaction of the Engineer and shall alter adopt and maintain the same asrequired from time to time and shall take up and clear them away as and when no longer requiredand make good all damage done to the site

53 The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed tohave satisfied himself about the nature and type of work including ancillary worksnecessary for satisfactory execution of work Site accessibility availability of requiredmaterials need of suitable rollers for compaction of earthwork drying and wetting of soilbefore compactions arrangement for the testing equipment for quality control ofearthwork and concrete etc must be kept in view while quoting the rates

60 MODIFICATION OF DRAWINGS

The Railway reserves the right to altermodify the drawingsdesign to suit the site conditions Ifdue to the change in drawings or designs there is any increase or decrease in quantities in theitems of the schedule payment shall be made only for the actual quantities executed at theaccepted rates If there is sufficient ground for granting extension of the date of completion onthis account the Railway will consider such request on the merits of each individual case Suchcircumstances shall in no way affect or vitiate the contract or alter the character thereof or entitlecontractor to damages or compensation thereof

70 QUANTITIES IN SCHEDULE AND THEIR VARIATIONS

The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts

71 Individual NS items in contracts shall be operated with variation of plus or minus 25 andpayment would be made as per the agreement rate For this no finance concurrence would berequired

72 In case an increase in quantity of an individual item by more than 25 of the agreement quantityis considered unavoidable the same shall be got executed by floating a fresh tender If floating afresh tender for operating that item is considered not practicable quantity of that item may beoperated 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 theapproval of an officer of the rank not less than SA Grade

(i) Quantities operated in excess of 125 but upto 140 of the agreementquantity of the concerned item shall be paid at 98 of the rate awardedfor that item in that particular tender

(ii) Quantities operated in excess of 140 but upto 150 of the agreementquantity of the concerned item shall be paid at 96 of the rate awarded forthat item in that particular tender

(iii) Variation in quantities of individual items beyond 150 will be prohibitedand would be permitted only in exceptional unavoidable circumstanceswith the concurrence of associate finance and shall be paid at 96 of therate awarded for that item in that particulars tender

(b) The variation in quantities as per the above formula will apply only to the Individualitems of the contract and not on the overall contract value

(c ) Execution of quantities beyond 150 of the overall agreemental value should not bepermitted and if found necessary should be only through fresh tenders or bynegotiating with existing contractor with prior personal concurrence of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

21

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

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22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

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25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

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26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

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33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

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34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

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38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

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42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

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46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 14: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

30 SIGNING OF TENDERS

The tendererContractor shall sign each and every page of the Tender document

Any individuals signing the Tender or other documents connected therewith should specifywhether he is signing

i) As Sole Proprietor of the concern or his Attorneyor

ii) As a Partner or Partners of the Firmor

iii) For the Firm per procuration or

iv) As a Director Manager or Secretary in the case of Limited Company

31 In the case of firms not registered under the Indian Partnership Act all the partners or theattorney duly authorised by all of them should sign the tender and all other connecteddocuments The original document empowering the individual or individuals to sign theoriginal partnership deed with registration certificates if any in case the tenderer(s) is a firmand the Memorandum and Articles of Association in case the tenderer(s) is a Companyshould be furnished to the purchaser for verification if required

40 EARNEST MONEY

41 The tenderer(s) is required to deposit ` 1886000 only as earnest money for theperformance of the tender who will keep the offer open for a period of 120 days from thedate fixed for opening of tender it being clearly understood that the tenderer(s) aftersubmitting his tender will not resile from his offer or modify the rates items and conditionsthereof failing which the aforesaid amount shall be liable to be forfeited by the Railway

42 The earnest money should be in cash or Bankerrsquos ChequesDemand Drafts in favourof FAampCAOCon NFRailway executed by State Bank of India or any of theNationalized Banks or by a Scheduled Bank

43 The Earnest Money when deposited in cash should be remitted to the DivisionalCashierCONNFRailway Maligaon Guwahati-11 and the receipt obtained there-fromshould be enclosed with the tender as a proof of the deposit of the requisite earnest money

44 Bankerrsquos ChequesDemand drafts from the State Bank of India or from any of theNationalised Banks or a Schedule Banks should be drawn in favour of ldquo FinancialAdvisor amp Chief Account OfficerCONN F RailwayMaligaonrdquo and endorsedldquoAccount Payeerdquo and valid at least upto the validity of tender offer No conformationadvise from the Reserve Bank of India will be necessary

45 A tender not accompanied with requisite earnest money in the requisite manner as aforesaidwill be summarily rejected

46 Earnest money shall not be acceptable in the shape of Bank Guarantee Bond

a) If any of these instruments are found to have been drawn in favour ofpayable tothe tenderer they would be invalid and the tender submitted would be summarilyrejected

b) The name of the tenderer (party) on whose account the DD has been issued is tobe mentioned by the Banker at an appropriate place on the instrument itself

c) Government securities (Stock Certificates Bearer Bonds Promissory Notes etc)and Guarantee bonds executed by banks will not be accepted towards earnest

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

14

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

money

47 In the event of tenderer(s) defaulting in not adhering to the conditions laid down in para41 the Railway Administration shall be entitled to forfeit the full amount of earnestmoney deposited along the tender without prejudice to any other remedy available to theRailway

48 No interest will be paid on earnest money The earnest money will be refunded to theunsuccessful tenderer(s) within a reasonable period of time The earnest moneydeposited by the successful tenderer(s) will be retained towards the security deposit forthe due and faithful fulfillment of the contract but shall be forfeited if the contractor failsto execute the agreement or start the work within time schedule vide clause 3(a) 3(b) amp3(c) of Tender Form (First sheet) or a reasonable time determined by the Engineer afternotification of the acceptance of histheir tender

49 Railway shall be entitled to forfeit the earnest money specified for the particular work ifthe tenderer(s) failsfail to execute the agreement or start the work within time as perclause 48

50 CREDENTIALS (Eligibility Criteria)

51 Eligibility Criteria WILL BE AS UNDER

(A) Technical Criteria Deleted

(B) Financial Capability

Tenderer should have sufficient financial capacitycapability amp past performance to carry out theabove works which will be investigated by theTender Committee at the time of recommendingfor awarding the work

52

Tender must be enclosed in sealed cover super-scribed with Tender No and must be sentby Regd postSpeed post to the address of Chief Engineer (Construction) NFRailway Maligaon Guwahati-781 011 so as to reach this office not later than 1430hrs on 18-08-2016 or can be deposited in the Special Boxes allotted for the purpose inthe offices mentioned in the TENDER NO TENDER NODYCECONTeteliaByrnihatPreparation of GAD201635 The boxes will be sealed at 1430 hrs of18-08-2016 The tender will be opened on 23-08-2016 at 1100 hrs at General Manager(Construction)NFRailway Maligaon`s Office The tenders which are received after thesealing of the tender box are liable to be rejected

53 Non-compliance with any conditions mentioned above is liable to result in the tenderbeing rejected

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

15

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

60 Acceptance of Tender

61 The authority for the acceptance of the tender will rest with General ManagerCONN FRailway Maligaon Chief EngineerCONMaligaon Dy Chief EngineerCon of fieldunits for and on behalf of President of India who does not bind himself to accept thelowest or any other tender nor does he undertake to assign reasons for declining toconsider any particular tender or tenders No tenderer(s) shall demand any explanationon the cause of rejection of histheir tender No correspondence will be entertained withthe tenderer(s) in respect of the rejection of any or all tenders

62 Tender documents submitted by the tenderer(s) shall become the property of Railway andthe Railway shall have no obligation to return the same The cost of Tender Document isnot refundable

63 If the tenderer(s) deliberately gives wrong information in his tender the Railway reservesthe right to reject such tender at any stage

64 If a tenderer(s) expires after the submission of his tender or after the acceptance of histender the Railway shall deem such tender as cancelled If a partner of tendering firmexpires after the submission of or after acceptance of their tender the Railway shall deemsuch tender as cancelled unless the firm retains its character

65 The accepting authority reserves the right to divide the tender amongst more than onetenderers if deemed necessary and also to reject any or all tenders received withoutassigning any reason and does not bind himself to accept the lowest or any other tender

66 Conditional discounts offered by the tenderers for coverage within a shorter periodfor early inspectionpayment etc shall not be considered for evaluation of tender

70 Execution of Contract document

71 The tenderer whose tender is accepted shall be required to appear in the office of theGeneral ManagerCon in person or if a firm or corporation a duly authorisedrepresentative shall so appear to execute the contract documents within seven days afternotice to do so Failure to comply shall constitute a breach of the agreement effected bythe acceptance of the tender in which case the full value of the earnest moneyaccompanying the tender shall stand forfeited without prejudice to any other rights orremedies

72 In the event of any tenderer whose tender is accepted refusing to execute the contractdocuments as therein before provided the Railway may determine that such tenderer hasabandoned the contract and thereupon his tender and the acceptance thereof shall betreated as cancelled amp the Rly shall be entitled to forfeit the full amount of the earnestmoney and to recover the liquidated damages for such default equivalent to the amount ofPerformance Gaurantee

73 The tenderer shall keep the offer open for a minimum period of 120 days from the date ofopening of the tender within which period the tenderer cannot withdraw his offer Thisperiod may be extended further if so required by mutual agreement between the partiesfrom time to time Any contravention of this condition will make the tenderer liable forforfeiture of this security deposit

74 Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or Administrative capacity

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

16

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

or whether holding a pensionable post or not in the Engineering Department of any of theRailway onward andor administered by the President of India for the time being orshould a tenderer being partnership firm have as one of its partners a retired Engineer or aretired Gazetted Officer or should a tenderer being incorporated company have any suchretired Engineer or retired officer as one of its directors or should a tenderer have in hisemployment any retired Engineer or retired Gazetted officer as aforesaid the fullinformation to the date of retirement of such Engineer or Gazetted officer from the saidservice and in case where such Engineer or Officer had not retired from Governmentservice at least two years prior to the date of the submission of this tender as to whetherpermission for taking such contract or if the contractor be a partnership firm or anincorporated company to be one a partner or Director as the case may be or to takeemployment under the contractor has been obtained by the tenderer from the Engineer orthe officer authorized by him in this behalf shall be clearly stated in writing at the time ofsubmitting the tender Tenderers without the information above referred to or a statementto the effect that no such retired Engineer or retired Gazetted officer is so associated withthe tenderer as the case may be shall be rejected

75 Should a tenderer or contractor have a relative employed in Gazetted capacity in anydepartment of the NFRailway or in the case of partnership firm or companyincorporated under the company Law should p partner or a relative of the partner or ashare holder or a relative of a share holder be employed in Gazetted capacity in anydepartment of the NFRailway the authority inviting tender shall be informed of the factat the time of submission of tenders failing which the tender may be rejected or if suchfact subsequently comes to light the contract may be rescinded in accordance with theprovisions in Clause 62 of the General Conditions of Contract A declaration form(proforma attached) to this effect should be signed and enclosed with the tender(Annexure-B)

76 The tenderers shall clearly specify whether the tender is submitted on his behalf or onbehalf of partnership concern If the tender is submitted on behalf of partnership concernhe should submit the certified copy of partnership deed along with the tender and powerof attorney to sign the tender documents on behalf of partnership concern If thesedocuments are not enclosed along with the tender documents the tender will be treated ashaving been submitted by the person signing the tender in his individual capacity

80 The Railway will not be bound by any power of attorney granted by the tenderer or bychanges in the composition of the firm made subsequent to the execution of the contractIt may however recognize such power of attorney and changes after obtaining properlegal advise the cost of which will be chargeable to the contractor

90 If the tenderer whether a sole proprietor limited company or a partnership firm wants toact through agents or individual partnerpartners should submit along with the tender orat a later stage a power of Attorney duly stamped and authenticated by a public notary orby a Magistrate in favour of the specific persons whether hethey be partnerpartners ofthe firm or any other persons specially authorizing himthem to submit the tender signthe agreement receive money witness measurement signs measurement book compromise delete relinquish any claim or claims preferred by firm and sign No claimcertificate and refer all or disputed items to arbitration

100 The Railway reserves the right to accept a tender in whole or in part or reject any tenderor all tenders without assigning reasons for any such action

110 Negotiations with tenderer(s)

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

17

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

The Railway reserve the right to hold negotiations with lowest who should be lowestvalid eligible and technically acceptable tenderer considered for award of contractdirectly if the rates were not unreasonably high

120 Inspection of site

Before submitting a tender the tenderers will be deemed to have satisfied himself byactual inspection of the site and locality of the works that all conditions liable to beencountered during the execution of the works are taken into account and that the rates hehas entered in Schedule of quantities and Rates of the tender document are adequateand all inclusive to accord with the provision of the general and special conditions ofcontract for the completion of the works to the entire satisfaction of the Engineer Noclaim shall be entertained from the contractor for making his own arrangements forapproached roads from outside Railway land and contractor will bear entire expensessuch as road taxes payment on right of way etc to outsiders

130 Examination of Documents

The submission of the tender shall be deemed to have been done after careful study andexamination of the tender document with full understanding of the implications thereofAny clarification required by a tenderer shall be obtained from the office inviting tenderson any working day

140 Tender documents are not transferable and cost of tender document is not refundable

150 Sequence of work

151 The contractor(s) shall comply with the order of engineer in charge in regard to thesequences of tackling and progressing component parts of works

160 Preparation of PERT Chart

161 The successful tenderer within 20 days after the contract is awarded will make out adetailed PERT Chart along with detailed programme chart based on accepted schemeindicating various stages of execution method of execution and completion of work indifferent stages keeping the period of completion in view and submit the same to theengineer for the consideration and approval The above programme shall be strictlyadhered to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

18

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

10 DEFINITION AND INTERPRETATIONS

In the Contract documents the following terms shall have the meanings herein assigned to themexcept where the contract otherwise requires

11 General Manager shall be the Officer in Administrative charge of the whole of the NortheastFrontier Railway and shall mean and include the General Manager of the successor Railway andGeneral Manager (Construction) of Northeast Frontier Railway

12 Engineer shall mean the Executive Engineer in executive charge of the work and shall includethe superior Officer of the Engineering Department of the Northeast Frontier Railway ie DeputyChief Engineer (Construction)Chief Engineer (Construction) and shall mean and include theEngineer of the successor Railway

13 Construction plant shall mean all plants machinery vehicles river vessels tools equipmentappliances or things of whatsoever nature required in or about execution completion ormaintenance of the works or temporary work but does not include materials or other thingsintended to or forming part of the permanent work

14 A Day shall mean a day of 24 hours from midnight to mid night irrespective of the number ofhours worked in that day

15 A Week shall mean seven days without regard to the number of hours worked on any day inthat week

16 A ldquoMonthrdquo shall mean Gregorian Calendar Month irrespective of the number of hours workedon any day in that month

20 GENERAL

21 The Additional Special Conditions of Contract along with the Schedule of Items andApproximate Quantities General amp Standard Special Conditions of Contract ndash 2013 along withdeletion list enclosed as Annexures and Indian Railway Unified Standard SpecificationVolume-I amp II 2013 editionUSSOR Schedule of Rates (For labour amp materials) of NortheastFrontier Railway 2010 edition corrected up to date and relevant drawings with suchamendments which may be published from time to time during contract period shall constituteContract Documents and the contractor shall satisfy himselfthemselves in every respect as tothe true intent and meaning of these contract documents and to the nature extent and quality ofthe work required to be executed as no claim whatsoever arising through any misunderstandingof the intention or the meaning of any of the terms or expressions in these contract documentsshall be entertained after the submission of the tender

22 The work shall be executed in conformity with the tender documents such as the General ampStandard Special Conditions of Contract - 2013 and Indian Railway Unified StandardSpecification Volume-I amp II 2013 edition corrected up-to-date and other documents as per Para1 of Tender Form (Second Sheet) together with such amendments as may be published from timeto time and read in conjunction with the Additional Special Conditions and Special

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

19

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Specifications attached

23 In these tender documents where there is any conflict between the Additional Special Conditionsand Special Specifications on the one hand and the General Conditions of Contract and StandardSpecial Conditions-2013 and Indian Railway Unified Standard Specification Volume-I amp II2010 edition on the other the former shall prevail

30 DEVIATION

31 A Schedule of DeletionAlterations to the Standard Special Conditions of Contract of NFRailway (Engg Deptt) -2013 is enclosed as Annexure-C The items listed as deleted inAnnexure-F shall not be applicable to the tendercontract In case of alteration the item asprovided for in the Annexure-F shall be applicable to the tendercontract

32 Unless specifically provided otherwise in the Tender any and all exceptions which the Tenderermay have to any of the clauses of the Standard Special Conditions of Contract or theadditional Special Conditions of Contract if any as included in the Tender shall be clearlystated in a statement annexed to the tender and identified as Annexure-D Such exception shallbe listed in the format specified under the title Schedule of Deviations If the Tenderer has noexceptions the annexure shall be submitted with a NIL statement If the contractor does notinclude the Annexure with the Tender it shall be conclusive evidence that the Standard SpecialConditions of Contract and the additional Special Conditions of Contract withdeletionsalterations if any are entirely acceptable to the Contractor

33 Any Deviations from the Standard Special Conditions of Contract and the additional SpecialConditions of Contract if any stated by the Tenderer in his tender shall be a part of the Contractonly to such extent as have been explicitly accepted by the Railway and incorporated in theContract

40 INTENT OF PLANS SPECIFICATION AND CONTRACT DOCUMENTS

41 The work to be carried out under this contract shall except as otherwise provided in theseconditions include all labour materials (except the materials to be supplied by Railway freeof cost) construction plant equipment and transport which may be required in preparation of andfor the full and entire execution and successful completion of the works The description given inthe Schedule of works shall unless otherwise stated be held to include carriage and cartagecarrying and hoisting setting fitting and fixing in position and all other labour necessary in andfor the full and entire execution and successful completion of the works as aforesaid inaccordance with good practice and recognized principles and any urgent and temporary worksfully contingent upon the works

50 INSPECTION AND ADMISSION TO SITE

51 The Contractor shall not be permitted to enter on (other than for inspection purpose) or takepossession of the site until instructed to do so by the Engineer in writing The portion of the siteto be occupied by the contractor shall be defined andor shown in the site plan or this shall beindicated by the Engineer and the contractor shall on no account be allowed to extend hisoperation beyond these areas The contractor shall not use or allow it to be used the site soallowed to him by the Railway for any purpose other than that of executing the work Thecontractor shall make his own arrangement at his own cost for any additional land required byhim for the purpose of execution of the work

52 The Contractor shall at his own cost provide if necessary or if required on the site all temporary

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

20

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

access thereto to the satisfaction of the Engineer and shall alter adopt and maintain the same asrequired from time to time and shall take up and clear them away as and when no longer requiredand make good all damage done to the site

53 The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed tohave satisfied himself about the nature and type of work including ancillary worksnecessary for satisfactory execution of work Site accessibility availability of requiredmaterials need of suitable rollers for compaction of earthwork drying and wetting of soilbefore compactions arrangement for the testing equipment for quality control ofearthwork and concrete etc must be kept in view while quoting the rates

60 MODIFICATION OF DRAWINGS

The Railway reserves the right to altermodify the drawingsdesign to suit the site conditions Ifdue to the change in drawings or designs there is any increase or decrease in quantities in theitems of the schedule payment shall be made only for the actual quantities executed at theaccepted rates If there is sufficient ground for granting extension of the date of completion onthis account the Railway will consider such request on the merits of each individual case Suchcircumstances shall in no way affect or vitiate the contract or alter the character thereof or entitlecontractor to damages or compensation thereof

70 QUANTITIES IN SCHEDULE AND THEIR VARIATIONS

The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts

71 Individual NS items in contracts shall be operated with variation of plus or minus 25 andpayment would be made as per the agreement rate For this no finance concurrence would berequired

72 In case an increase in quantity of an individual item by more than 25 of the agreement quantityis considered unavoidable the same shall be got executed by floating a fresh tender If floating afresh tender for operating that item is considered not practicable quantity of that item may beoperated 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 theapproval of an officer of the rank not less than SA Grade

(i) Quantities operated in excess of 125 but upto 140 of the agreementquantity of the concerned item shall be paid at 98 of the rate awardedfor that item in that particular tender

(ii) Quantities operated in excess of 140 but upto 150 of the agreementquantity of the concerned item shall be paid at 96 of the rate awarded forthat item in that particular tender

(iii) Variation in quantities of individual items beyond 150 will be prohibitedand would be permitted only in exceptional unavoidable circumstanceswith the concurrence of associate finance and shall be paid at 96 of therate awarded for that item in that particulars tender

(b) The variation in quantities as per the above formula will apply only to the Individualitems of the contract and not on the overall contract value

(c ) Execution of quantities beyond 150 of the overall agreemental value should not bepermitted and if found necessary should be only through fresh tenders or bynegotiating with existing contractor with prior personal concurrence of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

21

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

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22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

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23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

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24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

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25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

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28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

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39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

money

47 In the event of tenderer(s) defaulting in not adhering to the conditions laid down in para41 the Railway Administration shall be entitled to forfeit the full amount of earnestmoney deposited along the tender without prejudice to any other remedy available to theRailway

48 No interest will be paid on earnest money The earnest money will be refunded to theunsuccessful tenderer(s) within a reasonable period of time The earnest moneydeposited by the successful tenderer(s) will be retained towards the security deposit forthe due and faithful fulfillment of the contract but shall be forfeited if the contractor failsto execute the agreement or start the work within time schedule vide clause 3(a) 3(b) amp3(c) of Tender Form (First sheet) or a reasonable time determined by the Engineer afternotification of the acceptance of histheir tender

49 Railway shall be entitled to forfeit the earnest money specified for the particular work ifthe tenderer(s) failsfail to execute the agreement or start the work within time as perclause 48

50 CREDENTIALS (Eligibility Criteria)

51 Eligibility Criteria WILL BE AS UNDER

(A) Technical Criteria Deleted

(B) Financial Capability

Tenderer should have sufficient financial capacitycapability amp past performance to carry out theabove works which will be investigated by theTender Committee at the time of recommendingfor awarding the work

52

Tender must be enclosed in sealed cover super-scribed with Tender No and must be sentby Regd postSpeed post to the address of Chief Engineer (Construction) NFRailway Maligaon Guwahati-781 011 so as to reach this office not later than 1430hrs on 18-08-2016 or can be deposited in the Special Boxes allotted for the purpose inthe offices mentioned in the TENDER NO TENDER NODYCECONTeteliaByrnihatPreparation of GAD201635 The boxes will be sealed at 1430 hrs of18-08-2016 The tender will be opened on 23-08-2016 at 1100 hrs at General Manager(Construction)NFRailway Maligaon`s Office The tenders which are received after thesealing of the tender box are liable to be rejected

53 Non-compliance with any conditions mentioned above is liable to result in the tenderbeing rejected

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

15

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

60 Acceptance of Tender

61 The authority for the acceptance of the tender will rest with General ManagerCONN FRailway Maligaon Chief EngineerCONMaligaon Dy Chief EngineerCon of fieldunits for and on behalf of President of India who does not bind himself to accept thelowest or any other tender nor does he undertake to assign reasons for declining toconsider any particular tender or tenders No tenderer(s) shall demand any explanationon the cause of rejection of histheir tender No correspondence will be entertained withthe tenderer(s) in respect of the rejection of any or all tenders

62 Tender documents submitted by the tenderer(s) shall become the property of Railway andthe Railway shall have no obligation to return the same The cost of Tender Document isnot refundable

63 If the tenderer(s) deliberately gives wrong information in his tender the Railway reservesthe right to reject such tender at any stage

64 If a tenderer(s) expires after the submission of his tender or after the acceptance of histender the Railway shall deem such tender as cancelled If a partner of tendering firmexpires after the submission of or after acceptance of their tender the Railway shall deemsuch tender as cancelled unless the firm retains its character

65 The accepting authority reserves the right to divide the tender amongst more than onetenderers if deemed necessary and also to reject any or all tenders received withoutassigning any reason and does not bind himself to accept the lowest or any other tender

66 Conditional discounts offered by the tenderers for coverage within a shorter periodfor early inspectionpayment etc shall not be considered for evaluation of tender

70 Execution of Contract document

71 The tenderer whose tender is accepted shall be required to appear in the office of theGeneral ManagerCon in person or if a firm or corporation a duly authorisedrepresentative shall so appear to execute the contract documents within seven days afternotice to do so Failure to comply shall constitute a breach of the agreement effected bythe acceptance of the tender in which case the full value of the earnest moneyaccompanying the tender shall stand forfeited without prejudice to any other rights orremedies

72 In the event of any tenderer whose tender is accepted refusing to execute the contractdocuments as therein before provided the Railway may determine that such tenderer hasabandoned the contract and thereupon his tender and the acceptance thereof shall betreated as cancelled amp the Rly shall be entitled to forfeit the full amount of the earnestmoney and to recover the liquidated damages for such default equivalent to the amount ofPerformance Gaurantee

73 The tenderer shall keep the offer open for a minimum period of 120 days from the date ofopening of the tender within which period the tenderer cannot withdraw his offer Thisperiod may be extended further if so required by mutual agreement between the partiesfrom time to time Any contravention of this condition will make the tenderer liable forforfeiture of this security deposit

74 Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or Administrative capacity

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

16

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

or whether holding a pensionable post or not in the Engineering Department of any of theRailway onward andor administered by the President of India for the time being orshould a tenderer being partnership firm have as one of its partners a retired Engineer or aretired Gazetted Officer or should a tenderer being incorporated company have any suchretired Engineer or retired officer as one of its directors or should a tenderer have in hisemployment any retired Engineer or retired Gazetted officer as aforesaid the fullinformation to the date of retirement of such Engineer or Gazetted officer from the saidservice and in case where such Engineer or Officer had not retired from Governmentservice at least two years prior to the date of the submission of this tender as to whetherpermission for taking such contract or if the contractor be a partnership firm or anincorporated company to be one a partner or Director as the case may be or to takeemployment under the contractor has been obtained by the tenderer from the Engineer orthe officer authorized by him in this behalf shall be clearly stated in writing at the time ofsubmitting the tender Tenderers without the information above referred to or a statementto the effect that no such retired Engineer or retired Gazetted officer is so associated withthe tenderer as the case may be shall be rejected

75 Should a tenderer or contractor have a relative employed in Gazetted capacity in anydepartment of the NFRailway or in the case of partnership firm or companyincorporated under the company Law should p partner or a relative of the partner or ashare holder or a relative of a share holder be employed in Gazetted capacity in anydepartment of the NFRailway the authority inviting tender shall be informed of the factat the time of submission of tenders failing which the tender may be rejected or if suchfact subsequently comes to light the contract may be rescinded in accordance with theprovisions in Clause 62 of the General Conditions of Contract A declaration form(proforma attached) to this effect should be signed and enclosed with the tender(Annexure-B)

76 The tenderers shall clearly specify whether the tender is submitted on his behalf or onbehalf of partnership concern If the tender is submitted on behalf of partnership concernhe should submit the certified copy of partnership deed along with the tender and powerof attorney to sign the tender documents on behalf of partnership concern If thesedocuments are not enclosed along with the tender documents the tender will be treated ashaving been submitted by the person signing the tender in his individual capacity

80 The Railway will not be bound by any power of attorney granted by the tenderer or bychanges in the composition of the firm made subsequent to the execution of the contractIt may however recognize such power of attorney and changes after obtaining properlegal advise the cost of which will be chargeable to the contractor

90 If the tenderer whether a sole proprietor limited company or a partnership firm wants toact through agents or individual partnerpartners should submit along with the tender orat a later stage a power of Attorney duly stamped and authenticated by a public notary orby a Magistrate in favour of the specific persons whether hethey be partnerpartners ofthe firm or any other persons specially authorizing himthem to submit the tender signthe agreement receive money witness measurement signs measurement book compromise delete relinquish any claim or claims preferred by firm and sign No claimcertificate and refer all or disputed items to arbitration

100 The Railway reserves the right to accept a tender in whole or in part or reject any tenderor all tenders without assigning reasons for any such action

110 Negotiations with tenderer(s)

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17

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

The Railway reserve the right to hold negotiations with lowest who should be lowestvalid eligible and technically acceptable tenderer considered for award of contractdirectly if the rates were not unreasonably high

120 Inspection of site

Before submitting a tender the tenderers will be deemed to have satisfied himself byactual inspection of the site and locality of the works that all conditions liable to beencountered during the execution of the works are taken into account and that the rates hehas entered in Schedule of quantities and Rates of the tender document are adequateand all inclusive to accord with the provision of the general and special conditions ofcontract for the completion of the works to the entire satisfaction of the Engineer Noclaim shall be entertained from the contractor for making his own arrangements forapproached roads from outside Railway land and contractor will bear entire expensessuch as road taxes payment on right of way etc to outsiders

130 Examination of Documents

The submission of the tender shall be deemed to have been done after careful study andexamination of the tender document with full understanding of the implications thereofAny clarification required by a tenderer shall be obtained from the office inviting tenderson any working day

140 Tender documents are not transferable and cost of tender document is not refundable

150 Sequence of work

151 The contractor(s) shall comply with the order of engineer in charge in regard to thesequences of tackling and progressing component parts of works

160 Preparation of PERT Chart

161 The successful tenderer within 20 days after the contract is awarded will make out adetailed PERT Chart along with detailed programme chart based on accepted schemeindicating various stages of execution method of execution and completion of work indifferent stages keeping the period of completion in view and submit the same to theengineer for the consideration and approval The above programme shall be strictlyadhered to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

18

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

10 DEFINITION AND INTERPRETATIONS

In the Contract documents the following terms shall have the meanings herein assigned to themexcept where the contract otherwise requires

11 General Manager shall be the Officer in Administrative charge of the whole of the NortheastFrontier Railway and shall mean and include the General Manager of the successor Railway andGeneral Manager (Construction) of Northeast Frontier Railway

12 Engineer shall mean the Executive Engineer in executive charge of the work and shall includethe superior Officer of the Engineering Department of the Northeast Frontier Railway ie DeputyChief Engineer (Construction)Chief Engineer (Construction) and shall mean and include theEngineer of the successor Railway

13 Construction plant shall mean all plants machinery vehicles river vessels tools equipmentappliances or things of whatsoever nature required in or about execution completion ormaintenance of the works or temporary work but does not include materials or other thingsintended to or forming part of the permanent work

14 A Day shall mean a day of 24 hours from midnight to mid night irrespective of the number ofhours worked in that day

15 A Week shall mean seven days without regard to the number of hours worked on any day inthat week

16 A ldquoMonthrdquo shall mean Gregorian Calendar Month irrespective of the number of hours workedon any day in that month

20 GENERAL

21 The Additional Special Conditions of Contract along with the Schedule of Items andApproximate Quantities General amp Standard Special Conditions of Contract ndash 2013 along withdeletion list enclosed as Annexures and Indian Railway Unified Standard SpecificationVolume-I amp II 2013 editionUSSOR Schedule of Rates (For labour amp materials) of NortheastFrontier Railway 2010 edition corrected up to date and relevant drawings with suchamendments which may be published from time to time during contract period shall constituteContract Documents and the contractor shall satisfy himselfthemselves in every respect as tothe true intent and meaning of these contract documents and to the nature extent and quality ofthe work required to be executed as no claim whatsoever arising through any misunderstandingof the intention or the meaning of any of the terms or expressions in these contract documentsshall be entertained after the submission of the tender

22 The work shall be executed in conformity with the tender documents such as the General ampStandard Special Conditions of Contract - 2013 and Indian Railway Unified StandardSpecification Volume-I amp II 2013 edition corrected up-to-date and other documents as per Para1 of Tender Form (Second Sheet) together with such amendments as may be published from timeto time and read in conjunction with the Additional Special Conditions and Special

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19

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Specifications attached

23 In these tender documents where there is any conflict between the Additional Special Conditionsand Special Specifications on the one hand and the General Conditions of Contract and StandardSpecial Conditions-2013 and Indian Railway Unified Standard Specification Volume-I amp II2010 edition on the other the former shall prevail

30 DEVIATION

31 A Schedule of DeletionAlterations to the Standard Special Conditions of Contract of NFRailway (Engg Deptt) -2013 is enclosed as Annexure-C The items listed as deleted inAnnexure-F shall not be applicable to the tendercontract In case of alteration the item asprovided for in the Annexure-F shall be applicable to the tendercontract

32 Unless specifically provided otherwise in the Tender any and all exceptions which the Tenderermay have to any of the clauses of the Standard Special Conditions of Contract or theadditional Special Conditions of Contract if any as included in the Tender shall be clearlystated in a statement annexed to the tender and identified as Annexure-D Such exception shallbe listed in the format specified under the title Schedule of Deviations If the Tenderer has noexceptions the annexure shall be submitted with a NIL statement If the contractor does notinclude the Annexure with the Tender it shall be conclusive evidence that the Standard SpecialConditions of Contract and the additional Special Conditions of Contract withdeletionsalterations if any are entirely acceptable to the Contractor

33 Any Deviations from the Standard Special Conditions of Contract and the additional SpecialConditions of Contract if any stated by the Tenderer in his tender shall be a part of the Contractonly to such extent as have been explicitly accepted by the Railway and incorporated in theContract

40 INTENT OF PLANS SPECIFICATION AND CONTRACT DOCUMENTS

41 The work to be carried out under this contract shall except as otherwise provided in theseconditions include all labour materials (except the materials to be supplied by Railway freeof cost) construction plant equipment and transport which may be required in preparation of andfor the full and entire execution and successful completion of the works The description given inthe Schedule of works shall unless otherwise stated be held to include carriage and cartagecarrying and hoisting setting fitting and fixing in position and all other labour necessary in andfor the full and entire execution and successful completion of the works as aforesaid inaccordance with good practice and recognized principles and any urgent and temporary worksfully contingent upon the works

50 INSPECTION AND ADMISSION TO SITE

51 The Contractor shall not be permitted to enter on (other than for inspection purpose) or takepossession of the site until instructed to do so by the Engineer in writing The portion of the siteto be occupied by the contractor shall be defined andor shown in the site plan or this shall beindicated by the Engineer and the contractor shall on no account be allowed to extend hisoperation beyond these areas The contractor shall not use or allow it to be used the site soallowed to him by the Railway for any purpose other than that of executing the work Thecontractor shall make his own arrangement at his own cost for any additional land required byhim for the purpose of execution of the work

52 The Contractor shall at his own cost provide if necessary or if required on the site all temporary

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20

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

access thereto to the satisfaction of the Engineer and shall alter adopt and maintain the same asrequired from time to time and shall take up and clear them away as and when no longer requiredand make good all damage done to the site

53 The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed tohave satisfied himself about the nature and type of work including ancillary worksnecessary for satisfactory execution of work Site accessibility availability of requiredmaterials need of suitable rollers for compaction of earthwork drying and wetting of soilbefore compactions arrangement for the testing equipment for quality control ofearthwork and concrete etc must be kept in view while quoting the rates

60 MODIFICATION OF DRAWINGS

The Railway reserves the right to altermodify the drawingsdesign to suit the site conditions Ifdue to the change in drawings or designs there is any increase or decrease in quantities in theitems of the schedule payment shall be made only for the actual quantities executed at theaccepted rates If there is sufficient ground for granting extension of the date of completion onthis account the Railway will consider such request on the merits of each individual case Suchcircumstances shall in no way affect or vitiate the contract or alter the character thereof or entitlecontractor to damages or compensation thereof

70 QUANTITIES IN SCHEDULE AND THEIR VARIATIONS

The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts

71 Individual NS items in contracts shall be operated with variation of plus or minus 25 andpayment would be made as per the agreement rate For this no finance concurrence would berequired

72 In case an increase in quantity of an individual item by more than 25 of the agreement quantityis considered unavoidable the same shall be got executed by floating a fresh tender If floating afresh tender for operating that item is considered not practicable quantity of that item may beoperated 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 theapproval of an officer of the rank not less than SA Grade

(i) Quantities operated in excess of 125 but upto 140 of the agreementquantity of the concerned item shall be paid at 98 of the rate awardedfor that item in that particular tender

(ii) Quantities operated in excess of 140 but upto 150 of the agreementquantity of the concerned item shall be paid at 96 of the rate awarded forthat item in that particular tender

(iii) Variation in quantities of individual items beyond 150 will be prohibitedand would be permitted only in exceptional unavoidable circumstanceswith the concurrence of associate finance and shall be paid at 96 of therate awarded for that item in that particulars tender

(b) The variation in quantities as per the above formula will apply only to the Individualitems of the contract and not on the overall contract value

(c ) Execution of quantities beyond 150 of the overall agreemental value should not bepermitted and if found necessary should be only through fresh tenders or bynegotiating with existing contractor with prior personal concurrence of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

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150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

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25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

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26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

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28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

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33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

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34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 16: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

60 Acceptance of Tender

61 The authority for the acceptance of the tender will rest with General ManagerCONN FRailway Maligaon Chief EngineerCONMaligaon Dy Chief EngineerCon of fieldunits for and on behalf of President of India who does not bind himself to accept thelowest or any other tender nor does he undertake to assign reasons for declining toconsider any particular tender or tenders No tenderer(s) shall demand any explanationon the cause of rejection of histheir tender No correspondence will be entertained withthe tenderer(s) in respect of the rejection of any or all tenders

62 Tender documents submitted by the tenderer(s) shall become the property of Railway andthe Railway shall have no obligation to return the same The cost of Tender Document isnot refundable

63 If the tenderer(s) deliberately gives wrong information in his tender the Railway reservesthe right to reject such tender at any stage

64 If a tenderer(s) expires after the submission of his tender or after the acceptance of histender the Railway shall deem such tender as cancelled If a partner of tendering firmexpires after the submission of or after acceptance of their tender the Railway shall deemsuch tender as cancelled unless the firm retains its character

65 The accepting authority reserves the right to divide the tender amongst more than onetenderers if deemed necessary and also to reject any or all tenders received withoutassigning any reason and does not bind himself to accept the lowest or any other tender

66 Conditional discounts offered by the tenderers for coverage within a shorter periodfor early inspectionpayment etc shall not be considered for evaluation of tender

70 Execution of Contract document

71 The tenderer whose tender is accepted shall be required to appear in the office of theGeneral ManagerCon in person or if a firm or corporation a duly authorisedrepresentative shall so appear to execute the contract documents within seven days afternotice to do so Failure to comply shall constitute a breach of the agreement effected bythe acceptance of the tender in which case the full value of the earnest moneyaccompanying the tender shall stand forfeited without prejudice to any other rights orremedies

72 In the event of any tenderer whose tender is accepted refusing to execute the contractdocuments as therein before provided the Railway may determine that such tenderer hasabandoned the contract and thereupon his tender and the acceptance thereof shall betreated as cancelled amp the Rly shall be entitled to forfeit the full amount of the earnestmoney and to recover the liquidated damages for such default equivalent to the amount ofPerformance Gaurantee

73 The tenderer shall keep the offer open for a minimum period of 120 days from the date ofopening of the tender within which period the tenderer cannot withdraw his offer Thisperiod may be extended further if so required by mutual agreement between the partiesfrom time to time Any contravention of this condition will make the tenderer liable forforfeiture of this security deposit

74 Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or Administrative capacity

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

16

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

or whether holding a pensionable post or not in the Engineering Department of any of theRailway onward andor administered by the President of India for the time being orshould a tenderer being partnership firm have as one of its partners a retired Engineer or aretired Gazetted Officer or should a tenderer being incorporated company have any suchretired Engineer or retired officer as one of its directors or should a tenderer have in hisemployment any retired Engineer or retired Gazetted officer as aforesaid the fullinformation to the date of retirement of such Engineer or Gazetted officer from the saidservice and in case where such Engineer or Officer had not retired from Governmentservice at least two years prior to the date of the submission of this tender as to whetherpermission for taking such contract or if the contractor be a partnership firm or anincorporated company to be one a partner or Director as the case may be or to takeemployment under the contractor has been obtained by the tenderer from the Engineer orthe officer authorized by him in this behalf shall be clearly stated in writing at the time ofsubmitting the tender Tenderers without the information above referred to or a statementto the effect that no such retired Engineer or retired Gazetted officer is so associated withthe tenderer as the case may be shall be rejected

75 Should a tenderer or contractor have a relative employed in Gazetted capacity in anydepartment of the NFRailway or in the case of partnership firm or companyincorporated under the company Law should p partner or a relative of the partner or ashare holder or a relative of a share holder be employed in Gazetted capacity in anydepartment of the NFRailway the authority inviting tender shall be informed of the factat the time of submission of tenders failing which the tender may be rejected or if suchfact subsequently comes to light the contract may be rescinded in accordance with theprovisions in Clause 62 of the General Conditions of Contract A declaration form(proforma attached) to this effect should be signed and enclosed with the tender(Annexure-B)

76 The tenderers shall clearly specify whether the tender is submitted on his behalf or onbehalf of partnership concern If the tender is submitted on behalf of partnership concernhe should submit the certified copy of partnership deed along with the tender and powerof attorney to sign the tender documents on behalf of partnership concern If thesedocuments are not enclosed along with the tender documents the tender will be treated ashaving been submitted by the person signing the tender in his individual capacity

80 The Railway will not be bound by any power of attorney granted by the tenderer or bychanges in the composition of the firm made subsequent to the execution of the contractIt may however recognize such power of attorney and changes after obtaining properlegal advise the cost of which will be chargeable to the contractor

90 If the tenderer whether a sole proprietor limited company or a partnership firm wants toact through agents or individual partnerpartners should submit along with the tender orat a later stage a power of Attorney duly stamped and authenticated by a public notary orby a Magistrate in favour of the specific persons whether hethey be partnerpartners ofthe firm or any other persons specially authorizing himthem to submit the tender signthe agreement receive money witness measurement signs measurement book compromise delete relinquish any claim or claims preferred by firm and sign No claimcertificate and refer all or disputed items to arbitration

100 The Railway reserves the right to accept a tender in whole or in part or reject any tenderor all tenders without assigning reasons for any such action

110 Negotiations with tenderer(s)

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

17

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

The Railway reserve the right to hold negotiations with lowest who should be lowestvalid eligible and technically acceptable tenderer considered for award of contractdirectly if the rates were not unreasonably high

120 Inspection of site

Before submitting a tender the tenderers will be deemed to have satisfied himself byactual inspection of the site and locality of the works that all conditions liable to beencountered during the execution of the works are taken into account and that the rates hehas entered in Schedule of quantities and Rates of the tender document are adequateand all inclusive to accord with the provision of the general and special conditions ofcontract for the completion of the works to the entire satisfaction of the Engineer Noclaim shall be entertained from the contractor for making his own arrangements forapproached roads from outside Railway land and contractor will bear entire expensessuch as road taxes payment on right of way etc to outsiders

130 Examination of Documents

The submission of the tender shall be deemed to have been done after careful study andexamination of the tender document with full understanding of the implications thereofAny clarification required by a tenderer shall be obtained from the office inviting tenderson any working day

140 Tender documents are not transferable and cost of tender document is not refundable

150 Sequence of work

151 The contractor(s) shall comply with the order of engineer in charge in regard to thesequences of tackling and progressing component parts of works

160 Preparation of PERT Chart

161 The successful tenderer within 20 days after the contract is awarded will make out adetailed PERT Chart along with detailed programme chart based on accepted schemeindicating various stages of execution method of execution and completion of work indifferent stages keeping the period of completion in view and submit the same to theengineer for the consideration and approval The above programme shall be strictlyadhered to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

18

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

10 DEFINITION AND INTERPRETATIONS

In the Contract documents the following terms shall have the meanings herein assigned to themexcept where the contract otherwise requires

11 General Manager shall be the Officer in Administrative charge of the whole of the NortheastFrontier Railway and shall mean and include the General Manager of the successor Railway andGeneral Manager (Construction) of Northeast Frontier Railway

12 Engineer shall mean the Executive Engineer in executive charge of the work and shall includethe superior Officer of the Engineering Department of the Northeast Frontier Railway ie DeputyChief Engineer (Construction)Chief Engineer (Construction) and shall mean and include theEngineer of the successor Railway

13 Construction plant shall mean all plants machinery vehicles river vessels tools equipmentappliances or things of whatsoever nature required in or about execution completion ormaintenance of the works or temporary work but does not include materials or other thingsintended to or forming part of the permanent work

14 A Day shall mean a day of 24 hours from midnight to mid night irrespective of the number ofhours worked in that day

15 A Week shall mean seven days without regard to the number of hours worked on any day inthat week

16 A ldquoMonthrdquo shall mean Gregorian Calendar Month irrespective of the number of hours workedon any day in that month

20 GENERAL

21 The Additional Special Conditions of Contract along with the Schedule of Items andApproximate Quantities General amp Standard Special Conditions of Contract ndash 2013 along withdeletion list enclosed as Annexures and Indian Railway Unified Standard SpecificationVolume-I amp II 2013 editionUSSOR Schedule of Rates (For labour amp materials) of NortheastFrontier Railway 2010 edition corrected up to date and relevant drawings with suchamendments which may be published from time to time during contract period shall constituteContract Documents and the contractor shall satisfy himselfthemselves in every respect as tothe true intent and meaning of these contract documents and to the nature extent and quality ofthe work required to be executed as no claim whatsoever arising through any misunderstandingof the intention or the meaning of any of the terms or expressions in these contract documentsshall be entertained after the submission of the tender

22 The work shall be executed in conformity with the tender documents such as the General ampStandard Special Conditions of Contract - 2013 and Indian Railway Unified StandardSpecification Volume-I amp II 2013 edition corrected up-to-date and other documents as per Para1 of Tender Form (Second Sheet) together with such amendments as may be published from timeto time and read in conjunction with the Additional Special Conditions and Special

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

19

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Specifications attached

23 In these tender documents where there is any conflict between the Additional Special Conditionsand Special Specifications on the one hand and the General Conditions of Contract and StandardSpecial Conditions-2013 and Indian Railway Unified Standard Specification Volume-I amp II2010 edition on the other the former shall prevail

30 DEVIATION

31 A Schedule of DeletionAlterations to the Standard Special Conditions of Contract of NFRailway (Engg Deptt) -2013 is enclosed as Annexure-C The items listed as deleted inAnnexure-F shall not be applicable to the tendercontract In case of alteration the item asprovided for in the Annexure-F shall be applicable to the tendercontract

32 Unless specifically provided otherwise in the Tender any and all exceptions which the Tenderermay have to any of the clauses of the Standard Special Conditions of Contract or theadditional Special Conditions of Contract if any as included in the Tender shall be clearlystated in a statement annexed to the tender and identified as Annexure-D Such exception shallbe listed in the format specified under the title Schedule of Deviations If the Tenderer has noexceptions the annexure shall be submitted with a NIL statement If the contractor does notinclude the Annexure with the Tender it shall be conclusive evidence that the Standard SpecialConditions of Contract and the additional Special Conditions of Contract withdeletionsalterations if any are entirely acceptable to the Contractor

33 Any Deviations from the Standard Special Conditions of Contract and the additional SpecialConditions of Contract if any stated by the Tenderer in his tender shall be a part of the Contractonly to such extent as have been explicitly accepted by the Railway and incorporated in theContract

40 INTENT OF PLANS SPECIFICATION AND CONTRACT DOCUMENTS

41 The work to be carried out under this contract shall except as otherwise provided in theseconditions include all labour materials (except the materials to be supplied by Railway freeof cost) construction plant equipment and transport which may be required in preparation of andfor the full and entire execution and successful completion of the works The description given inthe Schedule of works shall unless otherwise stated be held to include carriage and cartagecarrying and hoisting setting fitting and fixing in position and all other labour necessary in andfor the full and entire execution and successful completion of the works as aforesaid inaccordance with good practice and recognized principles and any urgent and temporary worksfully contingent upon the works

50 INSPECTION AND ADMISSION TO SITE

51 The Contractor shall not be permitted to enter on (other than for inspection purpose) or takepossession of the site until instructed to do so by the Engineer in writing The portion of the siteto be occupied by the contractor shall be defined andor shown in the site plan or this shall beindicated by the Engineer and the contractor shall on no account be allowed to extend hisoperation beyond these areas The contractor shall not use or allow it to be used the site soallowed to him by the Railway for any purpose other than that of executing the work Thecontractor shall make his own arrangement at his own cost for any additional land required byhim for the purpose of execution of the work

52 The Contractor shall at his own cost provide if necessary or if required on the site all temporary

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

20

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

access thereto to the satisfaction of the Engineer and shall alter adopt and maintain the same asrequired from time to time and shall take up and clear them away as and when no longer requiredand make good all damage done to the site

53 The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed tohave satisfied himself about the nature and type of work including ancillary worksnecessary for satisfactory execution of work Site accessibility availability of requiredmaterials need of suitable rollers for compaction of earthwork drying and wetting of soilbefore compactions arrangement for the testing equipment for quality control ofearthwork and concrete etc must be kept in view while quoting the rates

60 MODIFICATION OF DRAWINGS

The Railway reserves the right to altermodify the drawingsdesign to suit the site conditions Ifdue to the change in drawings or designs there is any increase or decrease in quantities in theitems of the schedule payment shall be made only for the actual quantities executed at theaccepted rates If there is sufficient ground for granting extension of the date of completion onthis account the Railway will consider such request on the merits of each individual case Suchcircumstances shall in no way affect or vitiate the contract or alter the character thereof or entitlecontractor to damages or compensation thereof

70 QUANTITIES IN SCHEDULE AND THEIR VARIATIONS

The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts

71 Individual NS items in contracts shall be operated with variation of plus or minus 25 andpayment would be made as per the agreement rate For this no finance concurrence would berequired

72 In case an increase in quantity of an individual item by more than 25 of the agreement quantityis considered unavoidable the same shall be got executed by floating a fresh tender If floating afresh tender for operating that item is considered not practicable quantity of that item may beoperated 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 theapproval of an officer of the rank not less than SA Grade

(i) Quantities operated in excess of 125 but upto 140 of the agreementquantity of the concerned item shall be paid at 98 of the rate awardedfor that item in that particular tender

(ii) Quantities operated in excess of 140 but upto 150 of the agreementquantity of the concerned item shall be paid at 96 of the rate awarded forthat item in that particular tender

(iii) Variation in quantities of individual items beyond 150 will be prohibitedand would be permitted only in exceptional unavoidable circumstanceswith the concurrence of associate finance and shall be paid at 96 of therate awarded for that item in that particulars tender

(b) The variation in quantities as per the above formula will apply only to the Individualitems of the contract and not on the overall contract value

(c ) Execution of quantities beyond 150 of the overall agreemental value should not bepermitted and if found necessary should be only through fresh tenders or bynegotiating with existing contractor with prior personal concurrence of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

21

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

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22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

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23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

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24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

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25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

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26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

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one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

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33

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period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

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Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

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Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

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(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

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ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

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43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 17: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

or whether holding a pensionable post or not in the Engineering Department of any of theRailway onward andor administered by the President of India for the time being orshould a tenderer being partnership firm have as one of its partners a retired Engineer or aretired Gazetted Officer or should a tenderer being incorporated company have any suchretired Engineer or retired officer as one of its directors or should a tenderer have in hisemployment any retired Engineer or retired Gazetted officer as aforesaid the fullinformation to the date of retirement of such Engineer or Gazetted officer from the saidservice and in case where such Engineer or Officer had not retired from Governmentservice at least two years prior to the date of the submission of this tender as to whetherpermission for taking such contract or if the contractor be a partnership firm or anincorporated company to be one a partner or Director as the case may be or to takeemployment under the contractor has been obtained by the tenderer from the Engineer orthe officer authorized by him in this behalf shall be clearly stated in writing at the time ofsubmitting the tender Tenderers without the information above referred to or a statementto the effect that no such retired Engineer or retired Gazetted officer is so associated withthe tenderer as the case may be shall be rejected

75 Should a tenderer or contractor have a relative employed in Gazetted capacity in anydepartment of the NFRailway or in the case of partnership firm or companyincorporated under the company Law should p partner or a relative of the partner or ashare holder or a relative of a share holder be employed in Gazetted capacity in anydepartment of the NFRailway the authority inviting tender shall be informed of the factat the time of submission of tenders failing which the tender may be rejected or if suchfact subsequently comes to light the contract may be rescinded in accordance with theprovisions in Clause 62 of the General Conditions of Contract A declaration form(proforma attached) to this effect should be signed and enclosed with the tender(Annexure-B)

76 The tenderers shall clearly specify whether the tender is submitted on his behalf or onbehalf of partnership concern If the tender is submitted on behalf of partnership concernhe should submit the certified copy of partnership deed along with the tender and powerof attorney to sign the tender documents on behalf of partnership concern If thesedocuments are not enclosed along with the tender documents the tender will be treated ashaving been submitted by the person signing the tender in his individual capacity

80 The Railway will not be bound by any power of attorney granted by the tenderer or bychanges in the composition of the firm made subsequent to the execution of the contractIt may however recognize such power of attorney and changes after obtaining properlegal advise the cost of which will be chargeable to the contractor

90 If the tenderer whether a sole proprietor limited company or a partnership firm wants toact through agents or individual partnerpartners should submit along with the tender orat a later stage a power of Attorney duly stamped and authenticated by a public notary orby a Magistrate in favour of the specific persons whether hethey be partnerpartners ofthe firm or any other persons specially authorizing himthem to submit the tender signthe agreement receive money witness measurement signs measurement book compromise delete relinquish any claim or claims preferred by firm and sign No claimcertificate and refer all or disputed items to arbitration

100 The Railway reserves the right to accept a tender in whole or in part or reject any tenderor all tenders without assigning reasons for any such action

110 Negotiations with tenderer(s)

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

17

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

The Railway reserve the right to hold negotiations with lowest who should be lowestvalid eligible and technically acceptable tenderer considered for award of contractdirectly if the rates were not unreasonably high

120 Inspection of site

Before submitting a tender the tenderers will be deemed to have satisfied himself byactual inspection of the site and locality of the works that all conditions liable to beencountered during the execution of the works are taken into account and that the rates hehas entered in Schedule of quantities and Rates of the tender document are adequateand all inclusive to accord with the provision of the general and special conditions ofcontract for the completion of the works to the entire satisfaction of the Engineer Noclaim shall be entertained from the contractor for making his own arrangements forapproached roads from outside Railway land and contractor will bear entire expensessuch as road taxes payment on right of way etc to outsiders

130 Examination of Documents

The submission of the tender shall be deemed to have been done after careful study andexamination of the tender document with full understanding of the implications thereofAny clarification required by a tenderer shall be obtained from the office inviting tenderson any working day

140 Tender documents are not transferable and cost of tender document is not refundable

150 Sequence of work

151 The contractor(s) shall comply with the order of engineer in charge in regard to thesequences of tackling and progressing component parts of works

160 Preparation of PERT Chart

161 The successful tenderer within 20 days after the contract is awarded will make out adetailed PERT Chart along with detailed programme chart based on accepted schemeindicating various stages of execution method of execution and completion of work indifferent stages keeping the period of completion in view and submit the same to theengineer for the consideration and approval The above programme shall be strictlyadhered to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

18

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

10 DEFINITION AND INTERPRETATIONS

In the Contract documents the following terms shall have the meanings herein assigned to themexcept where the contract otherwise requires

11 General Manager shall be the Officer in Administrative charge of the whole of the NortheastFrontier Railway and shall mean and include the General Manager of the successor Railway andGeneral Manager (Construction) of Northeast Frontier Railway

12 Engineer shall mean the Executive Engineer in executive charge of the work and shall includethe superior Officer of the Engineering Department of the Northeast Frontier Railway ie DeputyChief Engineer (Construction)Chief Engineer (Construction) and shall mean and include theEngineer of the successor Railway

13 Construction plant shall mean all plants machinery vehicles river vessels tools equipmentappliances or things of whatsoever nature required in or about execution completion ormaintenance of the works or temporary work but does not include materials or other thingsintended to or forming part of the permanent work

14 A Day shall mean a day of 24 hours from midnight to mid night irrespective of the number ofhours worked in that day

15 A Week shall mean seven days without regard to the number of hours worked on any day inthat week

16 A ldquoMonthrdquo shall mean Gregorian Calendar Month irrespective of the number of hours workedon any day in that month

20 GENERAL

21 The Additional Special Conditions of Contract along with the Schedule of Items andApproximate Quantities General amp Standard Special Conditions of Contract ndash 2013 along withdeletion list enclosed as Annexures and Indian Railway Unified Standard SpecificationVolume-I amp II 2013 editionUSSOR Schedule of Rates (For labour amp materials) of NortheastFrontier Railway 2010 edition corrected up to date and relevant drawings with suchamendments which may be published from time to time during contract period shall constituteContract Documents and the contractor shall satisfy himselfthemselves in every respect as tothe true intent and meaning of these contract documents and to the nature extent and quality ofthe work required to be executed as no claim whatsoever arising through any misunderstandingof the intention or the meaning of any of the terms or expressions in these contract documentsshall be entertained after the submission of the tender

22 The work shall be executed in conformity with the tender documents such as the General ampStandard Special Conditions of Contract - 2013 and Indian Railway Unified StandardSpecification Volume-I amp II 2013 edition corrected up-to-date and other documents as per Para1 of Tender Form (Second Sheet) together with such amendments as may be published from timeto time and read in conjunction with the Additional Special Conditions and Special

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

19

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Specifications attached

23 In these tender documents where there is any conflict between the Additional Special Conditionsand Special Specifications on the one hand and the General Conditions of Contract and StandardSpecial Conditions-2013 and Indian Railway Unified Standard Specification Volume-I amp II2010 edition on the other the former shall prevail

30 DEVIATION

31 A Schedule of DeletionAlterations to the Standard Special Conditions of Contract of NFRailway (Engg Deptt) -2013 is enclosed as Annexure-C The items listed as deleted inAnnexure-F shall not be applicable to the tendercontract In case of alteration the item asprovided for in the Annexure-F shall be applicable to the tendercontract

32 Unless specifically provided otherwise in the Tender any and all exceptions which the Tenderermay have to any of the clauses of the Standard Special Conditions of Contract or theadditional Special Conditions of Contract if any as included in the Tender shall be clearlystated in a statement annexed to the tender and identified as Annexure-D Such exception shallbe listed in the format specified under the title Schedule of Deviations If the Tenderer has noexceptions the annexure shall be submitted with a NIL statement If the contractor does notinclude the Annexure with the Tender it shall be conclusive evidence that the Standard SpecialConditions of Contract and the additional Special Conditions of Contract withdeletionsalterations if any are entirely acceptable to the Contractor

33 Any Deviations from the Standard Special Conditions of Contract and the additional SpecialConditions of Contract if any stated by the Tenderer in his tender shall be a part of the Contractonly to such extent as have been explicitly accepted by the Railway and incorporated in theContract

40 INTENT OF PLANS SPECIFICATION AND CONTRACT DOCUMENTS

41 The work to be carried out under this contract shall except as otherwise provided in theseconditions include all labour materials (except the materials to be supplied by Railway freeof cost) construction plant equipment and transport which may be required in preparation of andfor the full and entire execution and successful completion of the works The description given inthe Schedule of works shall unless otherwise stated be held to include carriage and cartagecarrying and hoisting setting fitting and fixing in position and all other labour necessary in andfor the full and entire execution and successful completion of the works as aforesaid inaccordance with good practice and recognized principles and any urgent and temporary worksfully contingent upon the works

50 INSPECTION AND ADMISSION TO SITE

51 The Contractor shall not be permitted to enter on (other than for inspection purpose) or takepossession of the site until instructed to do so by the Engineer in writing The portion of the siteto be occupied by the contractor shall be defined andor shown in the site plan or this shall beindicated by the Engineer and the contractor shall on no account be allowed to extend hisoperation beyond these areas The contractor shall not use or allow it to be used the site soallowed to him by the Railway for any purpose other than that of executing the work Thecontractor shall make his own arrangement at his own cost for any additional land required byhim for the purpose of execution of the work

52 The Contractor shall at his own cost provide if necessary or if required on the site all temporary

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

20

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

access thereto to the satisfaction of the Engineer and shall alter adopt and maintain the same asrequired from time to time and shall take up and clear them away as and when no longer requiredand make good all damage done to the site

53 The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed tohave satisfied himself about the nature and type of work including ancillary worksnecessary for satisfactory execution of work Site accessibility availability of requiredmaterials need of suitable rollers for compaction of earthwork drying and wetting of soilbefore compactions arrangement for the testing equipment for quality control ofearthwork and concrete etc must be kept in view while quoting the rates

60 MODIFICATION OF DRAWINGS

The Railway reserves the right to altermodify the drawingsdesign to suit the site conditions Ifdue to the change in drawings or designs there is any increase or decrease in quantities in theitems of the schedule payment shall be made only for the actual quantities executed at theaccepted rates If there is sufficient ground for granting extension of the date of completion onthis account the Railway will consider such request on the merits of each individual case Suchcircumstances shall in no way affect or vitiate the contract or alter the character thereof or entitlecontractor to damages or compensation thereof

70 QUANTITIES IN SCHEDULE AND THEIR VARIATIONS

The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts

71 Individual NS items in contracts shall be operated with variation of plus or minus 25 andpayment would be made as per the agreement rate For this no finance concurrence would berequired

72 In case an increase in quantity of an individual item by more than 25 of the agreement quantityis considered unavoidable the same shall be got executed by floating a fresh tender If floating afresh tender for operating that item is considered not practicable quantity of that item may beoperated 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 theapproval of an officer of the rank not less than SA Grade

(i) Quantities operated in excess of 125 but upto 140 of the agreementquantity of the concerned item shall be paid at 98 of the rate awardedfor that item in that particular tender

(ii) Quantities operated in excess of 140 but upto 150 of the agreementquantity of the concerned item shall be paid at 96 of the rate awarded forthat item in that particular tender

(iii) Variation in quantities of individual items beyond 150 will be prohibitedand would be permitted only in exceptional unavoidable circumstanceswith the concurrence of associate finance and shall be paid at 96 of therate awarded for that item in that particulars tender

(b) The variation in quantities as per the above formula will apply only to the Individualitems of the contract and not on the overall contract value

(c ) Execution of quantities beyond 150 of the overall agreemental value should not bepermitted and if found necessary should be only through fresh tenders or bynegotiating with existing contractor with prior personal concurrence of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

21

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

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24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

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25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

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26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

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28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

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39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

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43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

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2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 18: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

The Railway reserve the right to hold negotiations with lowest who should be lowestvalid eligible and technically acceptable tenderer considered for award of contractdirectly if the rates were not unreasonably high

120 Inspection of site

Before submitting a tender the tenderers will be deemed to have satisfied himself byactual inspection of the site and locality of the works that all conditions liable to beencountered during the execution of the works are taken into account and that the rates hehas entered in Schedule of quantities and Rates of the tender document are adequateand all inclusive to accord with the provision of the general and special conditions ofcontract for the completion of the works to the entire satisfaction of the Engineer Noclaim shall be entertained from the contractor for making his own arrangements forapproached roads from outside Railway land and contractor will bear entire expensessuch as road taxes payment on right of way etc to outsiders

130 Examination of Documents

The submission of the tender shall be deemed to have been done after careful study andexamination of the tender document with full understanding of the implications thereofAny clarification required by a tenderer shall be obtained from the office inviting tenderson any working day

140 Tender documents are not transferable and cost of tender document is not refundable

150 Sequence of work

151 The contractor(s) shall comply with the order of engineer in charge in regard to thesequences of tackling and progressing component parts of works

160 Preparation of PERT Chart

161 The successful tenderer within 20 days after the contract is awarded will make out adetailed PERT Chart along with detailed programme chart based on accepted schemeindicating various stages of execution method of execution and completion of work indifferent stages keeping the period of completion in view and submit the same to theengineer for the consideration and approval The above programme shall be strictlyadhered to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

18

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

10 DEFINITION AND INTERPRETATIONS

In the Contract documents the following terms shall have the meanings herein assigned to themexcept where the contract otherwise requires

11 General Manager shall be the Officer in Administrative charge of the whole of the NortheastFrontier Railway and shall mean and include the General Manager of the successor Railway andGeneral Manager (Construction) of Northeast Frontier Railway

12 Engineer shall mean the Executive Engineer in executive charge of the work and shall includethe superior Officer of the Engineering Department of the Northeast Frontier Railway ie DeputyChief Engineer (Construction)Chief Engineer (Construction) and shall mean and include theEngineer of the successor Railway

13 Construction plant shall mean all plants machinery vehicles river vessels tools equipmentappliances or things of whatsoever nature required in or about execution completion ormaintenance of the works or temporary work but does not include materials or other thingsintended to or forming part of the permanent work

14 A Day shall mean a day of 24 hours from midnight to mid night irrespective of the number ofhours worked in that day

15 A Week shall mean seven days without regard to the number of hours worked on any day inthat week

16 A ldquoMonthrdquo shall mean Gregorian Calendar Month irrespective of the number of hours workedon any day in that month

20 GENERAL

21 The Additional Special Conditions of Contract along with the Schedule of Items andApproximate Quantities General amp Standard Special Conditions of Contract ndash 2013 along withdeletion list enclosed as Annexures and Indian Railway Unified Standard SpecificationVolume-I amp II 2013 editionUSSOR Schedule of Rates (For labour amp materials) of NortheastFrontier Railway 2010 edition corrected up to date and relevant drawings with suchamendments which may be published from time to time during contract period shall constituteContract Documents and the contractor shall satisfy himselfthemselves in every respect as tothe true intent and meaning of these contract documents and to the nature extent and quality ofthe work required to be executed as no claim whatsoever arising through any misunderstandingof the intention or the meaning of any of the terms or expressions in these contract documentsshall be entertained after the submission of the tender

22 The work shall be executed in conformity with the tender documents such as the General ampStandard Special Conditions of Contract - 2013 and Indian Railway Unified StandardSpecification Volume-I amp II 2013 edition corrected up-to-date and other documents as per Para1 of Tender Form (Second Sheet) together with such amendments as may be published from timeto time and read in conjunction with the Additional Special Conditions and Special

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

19

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Specifications attached

23 In these tender documents where there is any conflict between the Additional Special Conditionsand Special Specifications on the one hand and the General Conditions of Contract and StandardSpecial Conditions-2013 and Indian Railway Unified Standard Specification Volume-I amp II2010 edition on the other the former shall prevail

30 DEVIATION

31 A Schedule of DeletionAlterations to the Standard Special Conditions of Contract of NFRailway (Engg Deptt) -2013 is enclosed as Annexure-C The items listed as deleted inAnnexure-F shall not be applicable to the tendercontract In case of alteration the item asprovided for in the Annexure-F shall be applicable to the tendercontract

32 Unless specifically provided otherwise in the Tender any and all exceptions which the Tenderermay have to any of the clauses of the Standard Special Conditions of Contract or theadditional Special Conditions of Contract if any as included in the Tender shall be clearlystated in a statement annexed to the tender and identified as Annexure-D Such exception shallbe listed in the format specified under the title Schedule of Deviations If the Tenderer has noexceptions the annexure shall be submitted with a NIL statement If the contractor does notinclude the Annexure with the Tender it shall be conclusive evidence that the Standard SpecialConditions of Contract and the additional Special Conditions of Contract withdeletionsalterations if any are entirely acceptable to the Contractor

33 Any Deviations from the Standard Special Conditions of Contract and the additional SpecialConditions of Contract if any stated by the Tenderer in his tender shall be a part of the Contractonly to such extent as have been explicitly accepted by the Railway and incorporated in theContract

40 INTENT OF PLANS SPECIFICATION AND CONTRACT DOCUMENTS

41 The work to be carried out under this contract shall except as otherwise provided in theseconditions include all labour materials (except the materials to be supplied by Railway freeof cost) construction plant equipment and transport which may be required in preparation of andfor the full and entire execution and successful completion of the works The description given inthe Schedule of works shall unless otherwise stated be held to include carriage and cartagecarrying and hoisting setting fitting and fixing in position and all other labour necessary in andfor the full and entire execution and successful completion of the works as aforesaid inaccordance with good practice and recognized principles and any urgent and temporary worksfully contingent upon the works

50 INSPECTION AND ADMISSION TO SITE

51 The Contractor shall not be permitted to enter on (other than for inspection purpose) or takepossession of the site until instructed to do so by the Engineer in writing The portion of the siteto be occupied by the contractor shall be defined andor shown in the site plan or this shall beindicated by the Engineer and the contractor shall on no account be allowed to extend hisoperation beyond these areas The contractor shall not use or allow it to be used the site soallowed to him by the Railway for any purpose other than that of executing the work Thecontractor shall make his own arrangement at his own cost for any additional land required byhim for the purpose of execution of the work

52 The Contractor shall at his own cost provide if necessary or if required on the site all temporary

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

20

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

access thereto to the satisfaction of the Engineer and shall alter adopt and maintain the same asrequired from time to time and shall take up and clear them away as and when no longer requiredand make good all damage done to the site

53 The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed tohave satisfied himself about the nature and type of work including ancillary worksnecessary for satisfactory execution of work Site accessibility availability of requiredmaterials need of suitable rollers for compaction of earthwork drying and wetting of soilbefore compactions arrangement for the testing equipment for quality control ofearthwork and concrete etc must be kept in view while quoting the rates

60 MODIFICATION OF DRAWINGS

The Railway reserves the right to altermodify the drawingsdesign to suit the site conditions Ifdue to the change in drawings or designs there is any increase or decrease in quantities in theitems of the schedule payment shall be made only for the actual quantities executed at theaccepted rates If there is sufficient ground for granting extension of the date of completion onthis account the Railway will consider such request on the merits of each individual case Suchcircumstances shall in no way affect or vitiate the contract or alter the character thereof or entitlecontractor to damages or compensation thereof

70 QUANTITIES IN SCHEDULE AND THEIR VARIATIONS

The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts

71 Individual NS items in contracts shall be operated with variation of plus or minus 25 andpayment would be made as per the agreement rate For this no finance concurrence would berequired

72 In case an increase in quantity of an individual item by more than 25 of the agreement quantityis considered unavoidable the same shall be got executed by floating a fresh tender If floating afresh tender for operating that item is considered not practicable quantity of that item may beoperated 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 theapproval of an officer of the rank not less than SA Grade

(i) Quantities operated in excess of 125 but upto 140 of the agreementquantity of the concerned item shall be paid at 98 of the rate awardedfor that item in that particular tender

(ii) Quantities operated in excess of 140 but upto 150 of the agreementquantity of the concerned item shall be paid at 96 of the rate awarded forthat item in that particular tender

(iii) Variation in quantities of individual items beyond 150 will be prohibitedand would be permitted only in exceptional unavoidable circumstanceswith the concurrence of associate finance and shall be paid at 96 of therate awarded for that item in that particulars tender

(b) The variation in quantities as per the above formula will apply only to the Individualitems of the contract and not on the overall contract value

(c ) Execution of quantities beyond 150 of the overall agreemental value should not bepermitted and if found necessary should be only through fresh tenders or bynegotiating with existing contractor with prior personal concurrence of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

21

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

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22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

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25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

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(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

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one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

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whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

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33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

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34

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Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

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by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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37

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(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

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Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

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40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

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41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 19: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)

ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

10 DEFINITION AND INTERPRETATIONS

In the Contract documents the following terms shall have the meanings herein assigned to themexcept where the contract otherwise requires

11 General Manager shall be the Officer in Administrative charge of the whole of the NortheastFrontier Railway and shall mean and include the General Manager of the successor Railway andGeneral Manager (Construction) of Northeast Frontier Railway

12 Engineer shall mean the Executive Engineer in executive charge of the work and shall includethe superior Officer of the Engineering Department of the Northeast Frontier Railway ie DeputyChief Engineer (Construction)Chief Engineer (Construction) and shall mean and include theEngineer of the successor Railway

13 Construction plant shall mean all plants machinery vehicles river vessels tools equipmentappliances or things of whatsoever nature required in or about execution completion ormaintenance of the works or temporary work but does not include materials or other thingsintended to or forming part of the permanent work

14 A Day shall mean a day of 24 hours from midnight to mid night irrespective of the number ofhours worked in that day

15 A Week shall mean seven days without regard to the number of hours worked on any day inthat week

16 A ldquoMonthrdquo shall mean Gregorian Calendar Month irrespective of the number of hours workedon any day in that month

20 GENERAL

21 The Additional Special Conditions of Contract along with the Schedule of Items andApproximate Quantities General amp Standard Special Conditions of Contract ndash 2013 along withdeletion list enclosed as Annexures and Indian Railway Unified Standard SpecificationVolume-I amp II 2013 editionUSSOR Schedule of Rates (For labour amp materials) of NortheastFrontier Railway 2010 edition corrected up to date and relevant drawings with suchamendments which may be published from time to time during contract period shall constituteContract Documents and the contractor shall satisfy himselfthemselves in every respect as tothe true intent and meaning of these contract documents and to the nature extent and quality ofthe work required to be executed as no claim whatsoever arising through any misunderstandingof the intention or the meaning of any of the terms or expressions in these contract documentsshall be entertained after the submission of the tender

22 The work shall be executed in conformity with the tender documents such as the General ampStandard Special Conditions of Contract - 2013 and Indian Railway Unified StandardSpecification Volume-I amp II 2013 edition corrected up-to-date and other documents as per Para1 of Tender Form (Second Sheet) together with such amendments as may be published from timeto time and read in conjunction with the Additional Special Conditions and Special

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

19

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Specifications attached

23 In these tender documents where there is any conflict between the Additional Special Conditionsand Special Specifications on the one hand and the General Conditions of Contract and StandardSpecial Conditions-2013 and Indian Railway Unified Standard Specification Volume-I amp II2010 edition on the other the former shall prevail

30 DEVIATION

31 A Schedule of DeletionAlterations to the Standard Special Conditions of Contract of NFRailway (Engg Deptt) -2013 is enclosed as Annexure-C The items listed as deleted inAnnexure-F shall not be applicable to the tendercontract In case of alteration the item asprovided for in the Annexure-F shall be applicable to the tendercontract

32 Unless specifically provided otherwise in the Tender any and all exceptions which the Tenderermay have to any of the clauses of the Standard Special Conditions of Contract or theadditional Special Conditions of Contract if any as included in the Tender shall be clearlystated in a statement annexed to the tender and identified as Annexure-D Such exception shallbe listed in the format specified under the title Schedule of Deviations If the Tenderer has noexceptions the annexure shall be submitted with a NIL statement If the contractor does notinclude the Annexure with the Tender it shall be conclusive evidence that the Standard SpecialConditions of Contract and the additional Special Conditions of Contract withdeletionsalterations if any are entirely acceptable to the Contractor

33 Any Deviations from the Standard Special Conditions of Contract and the additional SpecialConditions of Contract if any stated by the Tenderer in his tender shall be a part of the Contractonly to such extent as have been explicitly accepted by the Railway and incorporated in theContract

40 INTENT OF PLANS SPECIFICATION AND CONTRACT DOCUMENTS

41 The work to be carried out under this contract shall except as otherwise provided in theseconditions include all labour materials (except the materials to be supplied by Railway freeof cost) construction plant equipment and transport which may be required in preparation of andfor the full and entire execution and successful completion of the works The description given inthe Schedule of works shall unless otherwise stated be held to include carriage and cartagecarrying and hoisting setting fitting and fixing in position and all other labour necessary in andfor the full and entire execution and successful completion of the works as aforesaid inaccordance with good practice and recognized principles and any urgent and temporary worksfully contingent upon the works

50 INSPECTION AND ADMISSION TO SITE

51 The Contractor shall not be permitted to enter on (other than for inspection purpose) or takepossession of the site until instructed to do so by the Engineer in writing The portion of the siteto be occupied by the contractor shall be defined andor shown in the site plan or this shall beindicated by the Engineer and the contractor shall on no account be allowed to extend hisoperation beyond these areas The contractor shall not use or allow it to be used the site soallowed to him by the Railway for any purpose other than that of executing the work Thecontractor shall make his own arrangement at his own cost for any additional land required byhim for the purpose of execution of the work

52 The Contractor shall at his own cost provide if necessary or if required on the site all temporary

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

20

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

access thereto to the satisfaction of the Engineer and shall alter adopt and maintain the same asrequired from time to time and shall take up and clear them away as and when no longer requiredand make good all damage done to the site

53 The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed tohave satisfied himself about the nature and type of work including ancillary worksnecessary for satisfactory execution of work Site accessibility availability of requiredmaterials need of suitable rollers for compaction of earthwork drying and wetting of soilbefore compactions arrangement for the testing equipment for quality control ofearthwork and concrete etc must be kept in view while quoting the rates

60 MODIFICATION OF DRAWINGS

The Railway reserves the right to altermodify the drawingsdesign to suit the site conditions Ifdue to the change in drawings or designs there is any increase or decrease in quantities in theitems of the schedule payment shall be made only for the actual quantities executed at theaccepted rates If there is sufficient ground for granting extension of the date of completion onthis account the Railway will consider such request on the merits of each individual case Suchcircumstances shall in no way affect or vitiate the contract or alter the character thereof or entitlecontractor to damages or compensation thereof

70 QUANTITIES IN SCHEDULE AND THEIR VARIATIONS

The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts

71 Individual NS items in contracts shall be operated with variation of plus or minus 25 andpayment would be made as per the agreement rate For this no finance concurrence would berequired

72 In case an increase in quantity of an individual item by more than 25 of the agreement quantityis considered unavoidable the same shall be got executed by floating a fresh tender If floating afresh tender for operating that item is considered not practicable quantity of that item may beoperated 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 theapproval of an officer of the rank not less than SA Grade

(i) Quantities operated in excess of 125 but upto 140 of the agreementquantity of the concerned item shall be paid at 98 of the rate awardedfor that item in that particular tender

(ii) Quantities operated in excess of 140 but upto 150 of the agreementquantity of the concerned item shall be paid at 96 of the rate awarded forthat item in that particular tender

(iii) Variation in quantities of individual items beyond 150 will be prohibitedand would be permitted only in exceptional unavoidable circumstanceswith the concurrence of associate finance and shall be paid at 96 of therate awarded for that item in that particulars tender

(b) The variation in quantities as per the above formula will apply only to the Individualitems of the contract and not on the overall contract value

(c ) Execution of quantities beyond 150 of the overall agreemental value should not bepermitted and if found necessary should be only through fresh tenders or bynegotiating with existing contractor with prior personal concurrence of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

21

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

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24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

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25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

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26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

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28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 20: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Specifications attached

23 In these tender documents where there is any conflict between the Additional Special Conditionsand Special Specifications on the one hand and the General Conditions of Contract and StandardSpecial Conditions-2013 and Indian Railway Unified Standard Specification Volume-I amp II2010 edition on the other the former shall prevail

30 DEVIATION

31 A Schedule of DeletionAlterations to the Standard Special Conditions of Contract of NFRailway (Engg Deptt) -2013 is enclosed as Annexure-C The items listed as deleted inAnnexure-F shall not be applicable to the tendercontract In case of alteration the item asprovided for in the Annexure-F shall be applicable to the tendercontract

32 Unless specifically provided otherwise in the Tender any and all exceptions which the Tenderermay have to any of the clauses of the Standard Special Conditions of Contract or theadditional Special Conditions of Contract if any as included in the Tender shall be clearlystated in a statement annexed to the tender and identified as Annexure-D Such exception shallbe listed in the format specified under the title Schedule of Deviations If the Tenderer has noexceptions the annexure shall be submitted with a NIL statement If the contractor does notinclude the Annexure with the Tender it shall be conclusive evidence that the Standard SpecialConditions of Contract and the additional Special Conditions of Contract withdeletionsalterations if any are entirely acceptable to the Contractor

33 Any Deviations from the Standard Special Conditions of Contract and the additional SpecialConditions of Contract if any stated by the Tenderer in his tender shall be a part of the Contractonly to such extent as have been explicitly accepted by the Railway and incorporated in theContract

40 INTENT OF PLANS SPECIFICATION AND CONTRACT DOCUMENTS

41 The work to be carried out under this contract shall except as otherwise provided in theseconditions include all labour materials (except the materials to be supplied by Railway freeof cost) construction plant equipment and transport which may be required in preparation of andfor the full and entire execution and successful completion of the works The description given inthe Schedule of works shall unless otherwise stated be held to include carriage and cartagecarrying and hoisting setting fitting and fixing in position and all other labour necessary in andfor the full and entire execution and successful completion of the works as aforesaid inaccordance with good practice and recognized principles and any urgent and temporary worksfully contingent upon the works

50 INSPECTION AND ADMISSION TO SITE

51 The Contractor shall not be permitted to enter on (other than for inspection purpose) or takepossession of the site until instructed to do so by the Engineer in writing The portion of the siteto be occupied by the contractor shall be defined andor shown in the site plan or this shall beindicated by the Engineer and the contractor shall on no account be allowed to extend hisoperation beyond these areas The contractor shall not use or allow it to be used the site soallowed to him by the Railway for any purpose other than that of executing the work Thecontractor shall make his own arrangement at his own cost for any additional land required byhim for the purpose of execution of the work

52 The Contractor shall at his own cost provide if necessary or if required on the site all temporary

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

20

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

access thereto to the satisfaction of the Engineer and shall alter adopt and maintain the same asrequired from time to time and shall take up and clear them away as and when no longer requiredand make good all damage done to the site

53 The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed tohave satisfied himself about the nature and type of work including ancillary worksnecessary for satisfactory execution of work Site accessibility availability of requiredmaterials need of suitable rollers for compaction of earthwork drying and wetting of soilbefore compactions arrangement for the testing equipment for quality control ofearthwork and concrete etc must be kept in view while quoting the rates

60 MODIFICATION OF DRAWINGS

The Railway reserves the right to altermodify the drawingsdesign to suit the site conditions Ifdue to the change in drawings or designs there is any increase or decrease in quantities in theitems of the schedule payment shall be made only for the actual quantities executed at theaccepted rates If there is sufficient ground for granting extension of the date of completion onthis account the Railway will consider such request on the merits of each individual case Suchcircumstances shall in no way affect or vitiate the contract or alter the character thereof or entitlecontractor to damages or compensation thereof

70 QUANTITIES IN SCHEDULE AND THEIR VARIATIONS

The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts

71 Individual NS items in contracts shall be operated with variation of plus or minus 25 andpayment would be made as per the agreement rate For this no finance concurrence would berequired

72 In case an increase in quantity of an individual item by more than 25 of the agreement quantityis considered unavoidable the same shall be got executed by floating a fresh tender If floating afresh tender for operating that item is considered not practicable quantity of that item may beoperated 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 theapproval of an officer of the rank not less than SA Grade

(i) Quantities operated in excess of 125 but upto 140 of the agreementquantity of the concerned item shall be paid at 98 of the rate awardedfor that item in that particular tender

(ii) Quantities operated in excess of 140 but upto 150 of the agreementquantity of the concerned item shall be paid at 96 of the rate awarded forthat item in that particular tender

(iii) Variation in quantities of individual items beyond 150 will be prohibitedand would be permitted only in exceptional unavoidable circumstanceswith the concurrence of associate finance and shall be paid at 96 of therate awarded for that item in that particulars tender

(b) The variation in quantities as per the above formula will apply only to the Individualitems of the contract and not on the overall contract value

(c ) Execution of quantities beyond 150 of the overall agreemental value should not bepermitted and if found necessary should be only through fresh tenders or bynegotiating with existing contractor with prior personal concurrence of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

21

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

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22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

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23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

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24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

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25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

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26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

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28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

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33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

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34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

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38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

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42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

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46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 21: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

access thereto to the satisfaction of the Engineer and shall alter adopt and maintain the same asrequired from time to time and shall take up and clear them away as and when no longer requiredand make good all damage done to the site

53 The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed tohave satisfied himself about the nature and type of work including ancillary worksnecessary for satisfactory execution of work Site accessibility availability of requiredmaterials need of suitable rollers for compaction of earthwork drying and wetting of soilbefore compactions arrangement for the testing equipment for quality control ofearthwork and concrete etc must be kept in view while quoting the rates

60 MODIFICATION OF DRAWINGS

The Railway reserves the right to altermodify the drawingsdesign to suit the site conditions Ifdue to the change in drawings or designs there is any increase or decrease in quantities in theitems of the schedule payment shall be made only for the actual quantities executed at theaccepted rates If there is sufficient ground for granting extension of the date of completion onthis account the Railway will consider such request on the merits of each individual case Suchcircumstances shall in no way affect or vitiate the contract or alter the character thereof or entitlecontractor to damages or compensation thereof

70 QUANTITIES IN SCHEDULE AND THEIR VARIATIONS

The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts

71 Individual NS items in contracts shall be operated with variation of plus or minus 25 andpayment would be made as per the agreement rate For this no finance concurrence would berequired

72 In case an increase in quantity of an individual item by more than 25 of the agreement quantityis considered unavoidable the same shall be got executed by floating a fresh tender If floating afresh tender for operating that item is considered not practicable quantity of that item may beoperated 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 theapproval of an officer of the rank not less than SA Grade

(i) Quantities operated in excess of 125 but upto 140 of the agreementquantity of the concerned item shall be paid at 98 of the rate awardedfor that item in that particular tender

(ii) Quantities operated in excess of 140 but upto 150 of the agreementquantity of the concerned item shall be paid at 96 of the rate awarded forthat item in that particular tender

(iii) Variation in quantities of individual items beyond 150 will be prohibitedand would be permitted only in exceptional unavoidable circumstanceswith the concurrence of associate finance and shall be paid at 96 of therate awarded for that item in that particulars tender

(b) The variation in quantities as per the above formula will apply only to the Individualitems of the contract and not on the overall contract value

(c ) Execution of quantities beyond 150 of the overall agreemental value should not bepermitted and if found necessary should be only through fresh tenders or bynegotiating with existing contractor with prior personal concurrence of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

21

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

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one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

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33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

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Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

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by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

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Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

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41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

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ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 22: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

FAampCAOFAampCAO(C) and approval of General Manager

73 In cases where decrease is involved during execution of contract

(a) The contract signing authority can decrease the items upto 25 of individual itemwithout finance concurrence

(b) For decrease beyond 25 for individual items or 25 of contract agreement valuethe approval of an officer not less than rank of SA Grade may be taken afterobtaining lsquoNo Claim Certificatersquo from the contractor and with finance concurrencegiving detailed reasons for each such decrease in the quantities

(c) It should be certified that the work proposed to be reduced will not be required in thesame work

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

75 No such quantity variation limit shall apply for foundation items

76 As far as SOR items are concerned the limit of 25 would apply to the value of SOR scheduleas a whole and not on individual SOR items However in case of NS items the limit of 25would apply on the individual items irrespective of the manner of quoting the rate (singlepercentage rate or individual item rate)

77 For the tenders accepted at Zonal Railways level variations in the quantities will be approved bythe authority in whose powers revised value of the agreement lies

78 For tenders accepted by General Manager variations upto 125 of the original agreement valuemay be accepted by General Manager

79 For tenders accepted by Board Members and Railway Ministers variations upto 110 of theoriginal agreement value may be accepted by General Manager

710

711

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

Variation to be appeared should be limited so as not to completely change the scope characterand purpose of the original contract

80 RATES

81 The Tenderer(s)Contractor(s) have to quote only percentage increasedecreaseat par rate in theschedule The quantities in schedule of items of work are given in Annexure- I In case of anydifference in rates given in words amp figures the lowest rate shall be taken as correct

82 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement forcrossing frequently all obstructions in course of the work over land or across water and the costof providing and maintaining approach service roads and temporary bridging that may benecessary for bringing and removing the construction plants machinery and materials toand from the site of the work including rent for use of private land andor compensation fordamage if any due to intervening private land traversed by such approach service roads

83 The rates quoted by the contractor shall be the cost of complete work and shall include the costof all labour and materials including transport loading unloading as well as sheds constructionplants shuttering scaffoldings and for which no separate payment is made to him on

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

22

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

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28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

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33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

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34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 23: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

satisfactory completion of the work shall remain the property of the contractor

If the quoted rate(s) of any item is more than 10(Ten percent) of the Railwayrsquosestimated rate then Railway may ask rate analysis for such items from the tenderer(s)

84 The contractor shall entirely be responsible for ensuring safety of his labour vehiclesconstruction plants and equipment while working No extra payment shall be allowed to thecontractor for any safety precautions to be observed during the execution of the work The costof such precautions shall be deemed to have been included in the rates for all the items of theschedule

85 Conditional discounts offered by the tenderers for coverage within a shorter period forearly inspectionpayment etc shall not be considered for evaluation of tender

90 TAXES

91 The rates quoted shall include all taxes direct or indirect leviable under Central State or LocalBodies Act or Rules Octrois Tolls Royalty monopoly seigniorages cess and similar impoststhat may be prevailing from time to time in respect of land structures and all materials suppliedin the performance of this contract

132 Whenever forest produces like sand stone timbers etc are used in the work the contractor(s)will have to furnish documentary proof that requisite royalty on such produces has been paid tothe concerned departments

133 The work being Work Contract which is one and individual and which involves no separatecontract for the sale of materials the contractor shall not be entitled to get any VAT and orany other taxes levies etc reimbursed from the Railway Administration for the supply ofmaterials

100 PLEA OF CUSTOM

101 The plea of Custom prevailing will not on any account be permitted as an excuse forinfringement of any of the conditions of contract or specifications

102 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveysinformation specifications drawings or schedule of quantities

110 BONDED LABOUR SYSTEM The tenderer shall note that bonded labour system iscompletely done away with on the Indian Railways including contractors establishments on theRailways

120 PROGRAMME AND COMPLETION PERIOD

121 Since the time is the essence of the contract the tenderer shall note that in the event of histender being accepted he should be in a position to commence the work immediately andshall complete the same in all respect within the continuous period of 30 days (One month)from the date of issue of acceptance letter whatever be the date of execution of work orderor agreement

122 It shall be obligatory for the tenderer to submit his programme of work and time schedule insuch a form as to facilitate monitoring of the work using the modern networking techniques as tohow he proposes to complete the work within the stipulated date

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

23

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

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26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

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28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

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33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

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34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 24: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

123

Within 20 days of the acceptance of the tender and before the work is commenced the contractorshall have to submit a detailed programme for each major element of the work using the modernnetworking techniques for Project monitoring for approval of the Engineer The constructionprogramme will show the general methods arrangements order and timing for all the significantactivities in the works identifying the critical path for the work clearly along with monthly cashflow The programme shall clearly provide for and indicate the time required for thepreliminaries before starting the work and shall indicate the dates of commencement andcompletion of the various sections of the work

124 The agreement or the approval of the programme by the Engineer shall not relieve the contractorof any of his responsibilities to complete the whole works by the prescribed time

125 If the work does not commence within specified date of starting or if at the subsequent time therate of execution falls below the specific programme as indicated above the RailwayAdministration (Construction Organization) will have the power to determine the end of thecontract at any stage without incurring any liability on the part of the Railway Administration forany sort of compensation for the money invested by the contractor(s) or the loss incurred byhimthem due to such termination of the contract In all cases of incomplete work either bytermination of contract by the Railway Administration under consideration stated above or due tofailure on the part of the contractor(s) to complete the work within stipulated date of completionof the Agreement the Railway shall be entitled to take the action for rescinding the contract interms of clause 62 of GCC-2013

126

127

The Contractor shall submit to the Engineer for approval an updated Program whenever theEngineer may so direct to take account of the actual progress of the Contract Works so as toachieve completion either before the due date for completion or by the due date for completion oras soon as practicable thereafter The Engineer may further require the Contractor to indicate themeans by which the programmed progress will be achieved If the Contractor does not submit anupdated Programme within a reasonable period as indicated by the Engineer the Engineer maywithhold the payment of next on account bill until the overdue Programme has been submitted

A general guidline in form of Chart showing progress of work is available at Annexure-GTenderer should submit works programme accordingly

130 EXTENSION OF COMPLETION DATE

131 Extension of time for the completion of the work shall be governed by Clause 17 of the GCC(Part-A) and SSCC (Part-B) ndash 2013 and the contractor shall be responsible for requesting suchextension in terms thereof While applying for such extension a Bar Chart showing the workalready done and the program for the work to be done shall be prepared and shown injuxtaposition with the bar chart submitted in terms of contract conditions giving reasons foractivity-wise slippage The Railway shall agree to such extension of time of completion asconsidered justified

140 TOKEN PENALTY Extension under Clause 17(B) of GCC (Part-A) and SSCC (Part-B)-2013provides for recovery of liquidated damages from the contractor While granting extension to thecurrency of the contract under Clause 17(B) of this GCC the competent authority may also considerlevy of token penalty as deemed fit based on the merit of the case

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

24

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

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26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

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28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

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33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

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34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 25: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

150 PROGRESS OF WORKS

151 The contractor shall submit to the Engineer a monthly report giving progress of works by thethird of the following month

152 It shall be ensured that the works are carried out according to the agreed programme and nochange is made except with the prior approval or at the instance of the Engineer

153 The contractor shall participate in periodical meetings with the Engineer to review the progressof the work In case a slippage in the time schedule due to the contractorrsquos inability to perform asper agreed programme the contractor shall take such action as may be necessary to bring backhis work to schedule without additional cost to the Railway either by employing over timeoperations increasing the number of shifts capacity of construction plants or as directed by theEngineer

154 The contractor shall immediately inform the Engineer whenever there is or is likely to be anychange in the schedule

EXECUTION OF WORKS

160 INSPECTION OF SITE

161 The tenderer shall in their own interest examine the drawings conditions of contract andspecifications of work They shall also inspect the site and satisfy themselves on their own as tothe hydrological climatic and physical conditions prevailing at site the nature extent andpracticability of the works all existing and required roads and other means of communicationand across to the site whether by water or land availability of housing and other facilities thesource of supply of different materials and their adequacy royalty monopoly ferry chargeslabour and probable site for labour camp stores and godowns etc They shall themselves obtainall necessary information as to risk contingencies and other circumstances which may effect orinfluence their tender No extra charges consequent on any insufficient appreciation or otherwiseshall be entertained

It shall be deemed that the tenderer has inspected the site in all respect as explained in para 191before quoting his rates and has satisfied himself about the nature and type of work includingancillary works necessary for the satisfactory fulfillment of the contract

162 Should there be any discrepancy in or any doubt or obscurity as to the meaning of any of thetender documents or as to any thing to be done or not to be done by the tenderer or theinstructions to be observed by him he must set forth in writing such discrepancies doubts or ofobscurities and submit the same to the General ManagerConstruction NFRailway MaligaonGuwahati for elucidation as soon as possible but not later than 10 days before the last date fixedfor receipt of tenders

170 SUPERVISION AND APPROVAL BY ENGINEER

171 All works embracing more than one process shall be subject to examination and approval by theEngineer at each stage thereof and the contractor shall give due notice to the Engineer or thehatsoever representative when such state is ready In default of such notice the Engineer shall beentitled to appraise the quantity and extent thereof even at a later stage at the risk and cost of thecontractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

25

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

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ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

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28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

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final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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30

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(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

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one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

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33

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period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

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Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

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by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

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38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 26: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

172 The contractor will set up a properly equipped laboratory either in the field or at a suitablelocation to conduct test regarding quality control of concrete and other tests as required under thespecification prescribed

173 The Engineer reserves the right to reject the whole or part of work executed which in hisjudgment does not comply with the requirements of the specifications The decision of theEngineer shall be final and conclusive in this matter for all purposes

180 MEASUREMENT CERTIFICATE AND PAYMENT

181 On account payment shall be made according to the provisions made in Clause 44 45 and 46 ofNF Railway General Conditions of Contract 2013 edition corrected up to date

190 INCOME TAX

191 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961providing deduction of income tax at source from income comprised in payment made to thecontractor for carrying out any work or supply of labour for carrying out any work theNFRailway Administration shall be entitled to deduct 2 (Two percent) of gross payment ofany sum paid after 31st May 1972 to the contractor as Income Tax plus surcharge on the amountof Income Tax whenever regulated from time to time

192 The contractor(s) are requested to submit the details as per the proforma attached (Annexure ndashH)

200 VALUE ADDED TAX (VAT)

201 The contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules2005or relevant VAT Rules of other State Governments concerned or any statutorymodificationamendment or any re-enactment made thereto by the State Government in whosejurisdiction the work will be executed

202 The contractor shall obtain a Certificate of Registration of his FirmEstablishment from theassessing officer in accordance with the provision of the relevant section of Assam Value AddedTax Rules 2005 or relevant VAT rules of other State Governments concerned from year to yearand its subsequent amendment after award of the Contract to the firm

343 No payment shall be made without Certificate of Registration with the Assam Value Added TaxDepartment or VAT rules of other State Governments Tax Department under whose jurisdictionthe work will be executed

204 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other StateGovernments at the rate as applicable vide the relevant schedule of Assam Value Added TaxRules 2005 or VAT rules of other State Governments and its subsequent amendment at source ongross payment made

205 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rulesof other State Governments concerned and its subsequent amendment the contractor will directlyapproach to Assam Value Added Tax Department or VAT Department of other StateGovernments along with certificate issued by Railway with documentary evidence

210 SECURITY DEPOSIT (SD)

211 The Earnest Money deposited by the successful TendererContractor along with his tender will beretained by the Railways as part of security for the due and faithful whatsoever of the contract by

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

26

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

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one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

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whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

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33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

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34

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Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

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by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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37

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(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

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Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

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40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

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41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 27: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

the Contractor The balance to make up the security deposit the rates for which are given belowmay be deposited by the Contractor in cash or may be recovered by percentage deduction fromthe Contractorrsquos ldquoOn Accountrdquo bills Provided also that in case of defaulting contractor theRailway may retain any amount due for payment to the Contractor on the pending ldquoOn AccountBillsrdquo so that the amounts so retained may not exceed 10 of the total value of the contract

212 Unless otherwise specified in the special conditions if any the security depositrate ofrecoverymode of recovery shall be as under-

a) Security Deposit for each work should be 5 of the Contract value

b) The rate of recovery should be at the rate of 10 of the bill amount till the full SecurityDeposit is recovered

c) Security Deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG FD etc shallbe accepted towards Security Deposit However in case of contract of value of Rs 5000Cr or above irrevocable Bank Guarantee of suitable validity can also be accepted as amode of obtaining security deposit

213 Security Deposit shall be returned to the contractor after the physical completion of the work andafter the expiry of maintenance period and after passing the final bill based on ldquoNo ClaimCertificaterdquo by the Competent Authority The Competent Authority shall normally be theauthority who is competent to sign the contract If this Competent Authority is of the rank lowerthan JA Grade Officer then a JA Grade Officer (Concerned with the work) should issue thecertificate The certificate inter alia should mention that the work has been completed in allrespects and that all the contractual obligations have been fulfilled by the contractor and thatthere is no due from the contractor to railways against the contract concerned Before releasingthe SD an unconditional and unequivocal ldquoNo Claims Certificaterdquo from the contractor concernedshould be obtained However after the work is physically completed security deposit recoveredfrom the running bills of a contractor can be returned to him if he so desires in lieu of FDRirrevocable Bank Guarantee with validity as decided by the Railway for equivalent amount to besubmitted by him

214 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable tothe contractor under the contract

220 PERFORMANCE GUARANTEE (PG)

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 forsubmission of PG beyond 30 (thirty) days and upto 60 days from the date of issue ofLOA may be given by the Authority who is competent to sign the contract agreementHowever a penal interest of 15 per annum shall be charged for the delay beyond 30(thirty) days ie from 31st day after the date of issue of LOA In case the contractor failsto submit the requisite PG even after 60 days from the date of issue of LOA the contractshall be terminated duly forfeiting EMD and other dues if any payable against thatcontract The failed contractor shall be debarred from participating in re-tender for thatwork

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of thefollowing forms amounting to 5 of the contract value

i A deposit of Cash

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

27

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

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33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

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34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

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38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

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42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

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46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 28: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ii Irrevocable Bank Guarantee

iii Government Securities including State Loan Bonds at 5 below the market value

iv Deposit Receipts Pay Orders Demand Drafts and Guarantee Bonds These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Banks

v Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

vi A Deposit in the Post Office Saving Bank

vii A Deposit in the National Savings Certificates

viii Twelve years National Defence Certificates

ix Ten years Defence Deposits

x National Defence Bonds and

xi Unit Trust Certificates at 5 below market value or at the face value whichever is less

Also FDR in favour of FAampCAOCON NFRailway Maligaon (free from any encumbrance) may beaccepted

NOTE The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter OfAcceptance (LOA) has been issued but before signing of the contract agreement This PG shall beinitially valid upto the stipulated date of completion plus 60 days beyond that In case the time forcompletion of work gets extended the contractor shall get the validity of PG extended to coversuch extended time for completion of work plus 60 days

(d) The value of PG to be submitted by the contractor will not change for variation upto 25 (eitherincrease or decrease) In case during the course of execution value of the contract increases bymore than 25 of the original contract value an additional Performance Guarantee amounting to5 (five percent) for the excess value over the original contract value shall be deposited by thecontractor

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based onlsquoCompletion Certificatersquo issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily The Security Deposit shall however be releasedonly after expiry of the maintenance period and after passing the final bill based on lsquoNo ClaimCertificatersquo from the contractor

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the PerformanceGuarantee shall be encashed The balance work shall be got done independently without risk amp costof the failed contractor The failed contractor shall be debarred from participating in the tender forexecuting the balance work If the failed contractor is a JV or a Partnership firm then everymemberpartner of such a firm shall be debarred from participating in the tender for the balancework in hisher individual capacity or as a partner of any other JVpartnership firm

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding andor without prejudice toany other provisions in the contract agreement) in the event of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

28

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 29: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

i Failure by the contractor to extend the validity of the Performance Guarantee asdescribed herein above in which event the Engineer may claim the full amount of thePerformance Guarantee

ii Failure by the contractor to pay President of India any amount due either as agreed bythe contractor or determined under any of the ClausesConditions of the Agreementwithin 30 days of the service of notice to this effect by Engineer

iii The Contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at the disposalof the President of India

23 SUBMISSION OF BANK GUARANTEE

The Bank guarantee (BGs) to be submitted by SuppliersContractors should be sent directly to theconcerned authorities by the issuing Bank under Registered post AD

240 CONTRACT LABOUR ACT241 The contractor shall observe all the provisions of the Contract Labour (Regulation and

Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made theirunder in respect of all the persons directly or through petty contractors or sub-contractorsemployed by him under this contract and shall indemnify the Railway from and against anyclaims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules1971 or any further rules and regulations framed there under by or on behalf of any persondirectly or through petty contractors or sub-contractors employed by him or otherwise

242 The contractor shall obtain license from the Licensing Officer specified in the Act payingnecessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules1971 In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour(Regulation and Abolition) Act 1970 the Railway is obliged to provide amenities or paywages to Labour

243 Employed by the contractor in executing the work the Railway will recoverfrom the contractor the expenditure so incurred by the Railway or wagesso paid and without prejudice to the right of the Railway under section 20(2) and 21(4) ofthe said Act the Railway shall be at liberty to recover such amounts or part thereof bydeducting it from the security deposit or from any sum due to the Railway by the contractorwhether under this or any other contractcontracts

244 The attention of the tenderer is drawn to the Contract Labour (Regulation amp Abolition) Act1970 Contract Labour (Regulation amp Abolition) General Rules 1971 and Clause 55 (2)(i)of the Northeast Frontier Railway Engineering Department Regulation for Tenderers andContract General Conditions of Contract 2013 and Standard Special Conditions of Contract2013 edition Successful tenderer(s) shall comply with the provisions of the said Act andRules the Executive EngineersDy Chief Engineers being the principal employers underthe said Act and Rules

255 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman(Regulation of employment conditions of service) Central rules 1980 The successfultenderers should comply with these rules as per the said Act1979 (ACF NO 30 of 1979)with central rules 1980

246 Provided that if any dispute arises as to the expenditure incurred by the Railway in theprovision of amenities under the said Act the decision of the Engineer thereon shall be

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29

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

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(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

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31

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one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

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whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

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33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

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34

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Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

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by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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37

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(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

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Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

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40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

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41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 30: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

final and binding

250 SETTLEMENT OF DISPUTES ndash INDIAN RAILWAY ARBITRATION RULES

251 Arbitration and settlement of disputes shall be governed vide clause 6364 of GeneralConditions of Contract NF Railway 2013 edition which are reproduced below subject toany correction made prior to the opening of this tender

260 Modified Clause of GCC

Clause 26 Provision of efficient and competent staff at work sites by thecontractor

261 The Contractor shall place and keep on the works at all times efficient and competent staffto give the necessary directions to his workmen and to see that they execute their work insound amp proper manner and shall employ only such supervisors workmen amp labourers inor about the execution of any of these works as are careful and skilled in the various trades

262 The Contractor shall at once remove from the works any agents permitted sub-contractorsupervisor workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer he shall submit a correct return showing the names ofall staff and workmen employed by him

263 In the event of the Engineer being of the opinion that the Contractor is not employing onthe works a sufficient number of staff and workmen as is necessary for proper completionof the works within the time prescribed the Contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour as specified by theEngineer within seven days of being so required and failure on the part of the Contractor tocomply with such instructions will entitle the Railway to rescind the contract under Clause62 of these conditions

Clause 26A Deployment of qualified Engineers at work sites by the contractor

26A1 The Contractor shall also employ Qualified Graduate Engineer or Qualified DiplomaHolder Engineer based on value of contract as may be prescribed by the Ministry ofRailways through separate instructions from time to time

26A2 In case the Contractor fails to employ the Engineer as aforesaid in Para 26A1 he shall beliable to pay penalty at the rates as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions ascontained in Para 26A1

26A3 No of qualified engineers required to be deployed by the Contractor for various activitiescontained in the works contract shall be specified in the tender documents as lsquospecialcondition of contractrsquo by the tender inviting authority

30 In terms of provisions of new Clause 26A1 to the General Conditions of Contract (GCC)contractor shall also employ following Qualified Engineers during execution of the allottedwork

(a) One Qualified Graduate Engineer when cost of work to be executed is Rs 200 lakhand above and

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

30

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 31: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(b) One Qualified Diploma Holder Engineer when cost of work to be executed is morethan Rs 25 lakh but less than Rs 200 lakh

40

17

Further in case the contractor fails to employ the Qualified Engineer as aforesaid in Para 3above he in terms of provisions of Clause 26A2 to the General Conditions of Contractshall be liable to pay an amount of Rs40000 and Rs25000 for each month or part thereoffor the default period for the provisions as contained in Par 3(a) and 3(b) aboverespectively

Para 17(a) of Tender Form (Second Sheet) ie Annexure I to Part-I of GCC

EmploymentPartnership etc of Retired Railway Employees

(a) Should a tenderer be a retired Engineer of the Gazetted rank or any other GazettedOfficer working before his retirement whether in the executive or administrativecapacity or whether holding a pensionable post or not in the Engineering or any otherdepartment of any of the Railways owned and administered by the President of Indiafor the time being or should a tenderer being partnership firm have as one of itspartners a retired Engineer or retired Gazetted Officer as aforesaid or should atenderer being an incorporated company have any such retired Engineer or retiredofficer as one of its Directors or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in casewhere such Engineer or Officer had not retired from Government service at least oneyear prior to the date of submission of the tender as to whether permission for takingsuch contract or if the contractor be a partnership firm or an incorporated company tobecome a partner or Director as the case may be or to take the employment under thecontractor has been obtained by the tenderer or the Engineer or Officer as the casemay be from the President of India or any officer duly authorized by him in thisbehalf shall be clearly stated in writing at the time of submitting the tender Tenderswithout the information above referred to or a statement to the effect that no suchretired Engineer or retired Gazetted Officer is so associated with the tenderer as thecase may be shall be rejected

Clause 59(10) Restrictions on The Employment of Retired Engineers of RailwayServices within One Year of Their Retirement The Contractor shall not if he is aretired Government Engineer of Gazetted rank himself engage in or employ or associate aretired Government Engineer of Gazetted rank who has not completed one year from thedate of retirement in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will beentitled to terminate the contract and forfeit Earnest Money Deposit (EMD) PerformanceGuarantee (PG) and Security Deposit (SD) of that Contract

Clause 62(1) (xiii) (A)At any time after the tender relating to the contract has been signed and submitted by theContractor being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of its directors oremployee under it in any capacity whatsoever any retired Engineer of the Gazetted rank orany other retired Gazetted Officer working before his retirement whether in the executiveor administrative capacity or whether holding any pensionable post or not in the Railwaysfor the time being owned and administered by the President of India before the expiry of

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

31

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

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32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

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33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

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34

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Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

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35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

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by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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37

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(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

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38

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Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

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39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

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Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

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42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

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43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

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44

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2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 32: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

one year from the date of retirement from the said service of such Engineer or Officerunless such Engineer or Officer has obtained permission from the President of India or anyofficer duly authorized by him in this behalf to become a partner or a director or to takeemployment under the contract as the case may be or

Clause-52ndash Withholding And Lien In Respect Of Sums Claimed Wherever any claim or claims forpayment of a sum of money arises out of or under the contract against contractor theRailway shall be entitled to withhold and also have a lien to retain such sum or sums inwhole or in part from the securityif anydeposited by the contractor and for the purposeaforesaid the Railway shall be entitled to withhold the said cash Security Deposit or theSecurity if any furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claim In the event of the security being insufficientto cover the claimed amount or amounts or if no security has been taken from the contractorthe Railway shall be entitled to withhold and have a lien to the extent of the such claimedamount or amounts referred to supra from any sum or sums found payable or which at anytime thereafter may become payable to the contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Governmentpending finalization or adjudication of any such claim It is an agreed term of the contractthat the sum of money or moneys so withheld or retained under the lien referred to aboveby the Railway will be kept withheld or retained as such by the Railways till the claimarising out of or under the contract is determined by the Arbitrator (if the contract governedby the Arbitration Clause) or by the competent Court as the case may be and that thecontractor will have no claim for interest or damages hatsoever on any account in respectof such withholding or retention under the lien referred to supra and duly notified as such tothe contractor For the propose of this Clause where the contractor is a Partnership Firm ora Limited Company the Railway shall be entitled to withhold and also have a lien to retaintowards such claimed amount or amounts in whole or in a part from any sum found payableto any PartnerLimited Company as the case may be whether in his individual capacity orotherwise

Clause 52-A Lien in Respect Of Claims in Other Contract

(i) Any sum of money due and payable to the contractor (including the Security Depositreturnable to him) under the contract may be withheld or returned by way of lien by theRailway against any claim of this or any other Railway or any other Department of theCentral Government in respect of payment of a sum of money arising out of or under anyother contract made by the contractor with this or any other Deparmtent of the CentralGovernment

(ii) However recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bills Security Deposits and Performance Guarantees of other contract orcontracts executed by the contractor The Performance Guarantees submitted by theContractor against other contracts if required may be withheld and encashed In addition10 of each subsequent lsquoon-account billrsquo may be withheld if required for recovery ofRailwayrsquos dues against the terminated contract

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under thisClause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration if the other contract is governed by Arbitration Clause or by the competentCourt as the case may be and contractor shall have no claim for interest or damages

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

32

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 33: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

whatsoever on this account or on any other ground in respect of any sum of moneywithheld or reained under this Clause and duly notified as such to the contractor

Clause 63 Matters finally determined by the Railway ndash All disputes and differences of any kindwhatsoever arising out of or in connection with the contract whether during the progress ofthe work or after its completion and whether before or after the determination of thecontract shall be referred by the contractor to the GM and the GM shall within 120 daysafter receipt of the contractorrsquos representation make and notify decisions on all mattersreferred to by the contractor in writing provided that matters for which provision has beenmade in clauses 8 18 22(5) 39 43(2) 45(a) 55 55-A(5) 57 57A 61(1) 61(2) 62(1) to(xiii) (B) of General Conditions of Contract or in any clause of the special conditions of thecontract shall be deemed as lsquoexcepted mattersrsquo ( matters not arbitrable) and decision of theRailway authority thereon shall be final and binding on the contractor provided further thatlsquoexcepted mattersrsquo shall stand specifically excluded from the purview of the arbitrationclause

Clause 64(1)(i) Demand for ArbitrationIn the event of any dispute or difference between the parties hereto as to the construction oroperation of this contract or the respective rights and liabilities of the parties on any matterin question dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the contractor may claim to be entitled to or if the Railway fails tomake a decision within 120 days then and in any such case but except in any of thelsquoexcepted mattersrsquo referred to in clause 63 of these conditions the contractor after 120days but within 180 days of his presenting his final claim on disputed matters shall demandin writing that the dispute or difference be referred to arbitration

Clause 64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of thedispute or difference as also the amount of claim item wise Only such dispute(s) ordifference(s) in respect of which the demand has been made together with counter claimsor set off given by the Railways shall be referred to arbitration and other matters shall notbe included in the reference

Clause 64(1)(ii)(a) ndash

The arbitration proceedings shall be assured to have commenced from the day a writtenand valid demand for arbitration is received by the Railway

b The claimant shall submit his claim stating the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of30 days from the date of appointment of the Arbitral Tribunal

c The railway shall submit its defence statement and counter claim(s) if any within a periodof 60 days of receipt of copy of claims from Tribunal thereafter unless otherwise extensionhas been granted by Tribunal

d Place of arbitration-The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or the Headquarters of theconcerned Railway or any other place with the written consent of both the parties

Clause 64(1)(iii) No new claim shall be added during proceedings by either party However a party mayamend or supplement the original claim or defense thereof during the course of arbitrationproceedings subject to acceptance by Tribunal having due regard to the delay in making it

Clause 64(1)(iv) If the contractor(s) doesdo not prefer histheir specific and final claims in writing within a

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

33

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 34: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

period of 90 days of receiving the intimation from the Railways that the final bill is ready forpayment hethey will be deemed to have waived histheir claim(s) and the Railway shall bedischarged and released of all liabilities under the contract in respect of these claims

Clause 64(2) Obligation during pendency of Arbitration

Work under the contract shall unless otherwise directed by the Engineer continue during thearbitration proceedings and no payment due or payable by the Railway shall be withheld onaccount of such proceedings provided however it shall be open for Arbitral Tribunal toconsider and decide whether or not such work should continue during arbitrationproceedings

Clause 64(3)(a)(i)

In cases where the total value of all claims in question added together does not exceedRs2500000- (Rupees Twenty five lakhs) only the Arbitral Tribunal shall consist of a solearbitrator who shall be a gazetted officer of Railway not below JA grade nominated by theGeneral Manager The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM

Clause 64(3)(a)(ii)

In cases not covered by clause 64(3)(a)(i) the Arbitral Tribunal shall consist of a panel ofthree Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers notbelow JA Grade and a retired Railway Officer retired not below the rank of SAG Officer asthe arbitrators For this purpose the Railway will send a panel of more than 3 names ofGazetted Railway Officers of one or more departments of the Railway which may alsoinclude the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitratorto the contractor within 60 days from the day when a written and valid demand forarbitration is received by the General Manager Contractor will be asked to suggest toGeneral Manager atleast 2 names out of the panel for appointment as contractorrsquos nomineewithin 30 days from the date of dispatch of the request by Railway The General Managershall appoint atleast one out of them as the contractorrsquos nominee and will alsosimultaneously appoint the balance number of arbitrators either from the panel or fromoutside the panel duly indicating the lsquopresiding arbitratorrsquo from amongst the 3 arbitrators soappointed General Manager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractorrsquos nominee While nominating thearbitrators it will be necessary to ensure that one of them is from the Accounts DepartmentAn Officer of Selection grade of the Accounts Department shall be considered of equal statusto the officers in SA grade of other departments of the Railways for the purpose ofappointment of Arbitrators

Clause 64(3)(a)(iii)

If one or more of the arbitrators appointed as above refuses to act as arbitrator withdrawsfrom his office as arbitrator or vacate histheir officeoffices or isare unable or unwilling toperform his functions as arbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay the General Manager shall appoint newarbitratorarbitrators to act in histheir place in the same manner in which the earlierarbitratorarbitrators had been appointed Such re-constituted Tribunal may at its discretionproceed with the reference from the stage at which it was left by the previous arbitrator(s)

Clause 64(3)(a)(iv)

The arbitral Tribunal shall have power to call for such evidence by way of affidavits orotherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the partieshere to do or cause to be done all such things as may be necessary to enable the ArbitralTribunal to make the award without any delay The Arbitral Tribunal should record day-to-day proceedings The proceedings shall normally be conducted on the basis of documentsand written statements

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

34

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

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36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

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37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 35: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Clause 64(3)(a)(v)

While appointing arbitrator(s) under sub-clause (i) (ii) amp (iii) above due care shall be takenthat hethey isare not the onethose who had an opportunity to deal with the matters to whichthe contract relates or who in the course of histheir duties as Railway servant(s) expressedviews on all or any of the matters under dispute or differences The proceedings of theArbitral Tribunal or the award made by such Tribunal will however not be invalid merelyfor the reason that one or more Arbitrator had in the course of his service opportunity todeal with the matters to which the contract relates or who in the course of histheir dutiesexpressed views on all or any of the matters under dispute

Clause 64(3)(b)(i)

The arbitral award shall state item wise the sum and reasons upon which it is based Theanalysis and reasons shall be detailed enough so that the award could be inferred there from

Clause 64(3)(b)(ii)

A party may apply for corrections of any computational errors any typographical or clericalerrors or any other error of similar nature occurring in the award of tribunal within 60 daysof receipt of the award

Clause 64(3)(b)(iii)

A party may apply to tribunal within 60 days of the receipt of award to make an additionalaward as to claims presented in the arbitral proceedings but omitted from the arbitral award

Clause 644 In case of the Tribunal comprising of three Members any ruling or award shall be made bya majority of Members of Tribunal In the absence of such a majority the views of thePresiding Arbitrator shall prevail

Clause 645 Where the arbitral award is for the payment of money no interest shall be payable on wholeor any part of the money for any period till the date on which the award is made

Clause 646 The cost of arbitration shall be borne by the respective parties The cost shall inter-aliainclude fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to timeand the fee shall be borne equally by both the parties Further the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) isare appointed by theRailway Administration or by the court of law unless specifically directed by Honrsquoble courtotherwise on the matter

Clause 647 Subject to the provisions of the aforesaid Arbitration and Conciliation Act ndash 1996 and therules there under and any statutory modification thereof shall apply to the arbitrationproceedings under this clause

47 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicableonly for settlement of claims or disputes between the parties for values less than or equal to20 of the value of the contract and when claims of disputes are of value more than 20 ofthe value of the contract provisions of Clauses -63 amp 64 and other relevant clauses of theGeneral Conditions of Contract will not be applicable and arbitration will not be a remedyfor settlement of such disputes

48 The contractor shall not be entitled to ask for reference to arbitration before completion ofthe work assigned to him under this contract The contractor shall seek reference toarbitration to settle the dispute only once within the ambit of condition 162 above

49 These special conditions 162 amp 163 shall prevail over existing Clauses 63 amp 64 of theGeneral Conditions of Contract

270 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Laws of India for the time being in force Irrespectiveof place of working the place of performance or place of payment under the contract the

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

35

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 36: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

contract shall be deemed to have been made at the place from which the acceptance of thetender has been issued

280 JURISDICTION OF COURT

281 The courts of the place from where the acceptance of tender has been issued shall alone havejurisdiction to decide any dispute arising out of or in respect of the contract

282 The successful tenderers shall have to sign the contract agreement only at the office fromwhere the acceptance letter has been issued

290 Photograph site record and video film of work during execution of works forimportant bridges etc

291 The successful tenderer will be required to prepare video film recording of entireconstruction and edit the same with proper commentary The same shall cover the wholework in duration of about 90 minutes This film shall pictorially represent the entireconstruction of foundation substructure and superstructure starting from beginning to end ofwork Two copies of video film in CD shall be handed over to the Railway along with thenecessary details instructions literature etc The rates for works of foundation substructureand superstructure will be inclusive of the cost of such filming

300 Provision of vehicle for supervision

The successful tenderer will be required to provide well maintained vehicle with licenseddriver and fuel for supervision and inspection of works by Railways field engineers on day today basis

310 Employeesrsquo Provident Fund

Clause 55-B to GCC Provisions of Employees Provident Fund and MiscellaneousProvisions Act 1952

The Contractor shall comply with the provisions of Para 30 and 36-B of the EmployeesProvident Fund Scheme 1952 Para 3 and 4 of Employeesrsquo Pension Scheme 1995 and Para7 and 8 of Employees Deposit Linked Insurance Scheme 1976 as modified from time totime through enactment of Employees Provident Fund amp Miscellaneous provisions Act 1952wherever applicable and shall also indemnify the Railway from and against any claims underthe aforesaid Act and the Rulesrdquo

Employeesrsquo Provident Fund Scheme 195230Payment of Contributions

(1) The employer shall in the first instance pay both the contribution payable by himself (in thisScheme referred to as the employerrsquos contribution) and also on behalf of the memberemployed by him directly or by or through a contractor the contribution payable by suchmember (in this Scheme referred to as the memberrsquos contribution)

(2) In respect of employees employed by or through a contractor the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as the memberrsquoscontribution) and shall pay to the principal employer the amount of memberrsquos contribution sodeducted together with an equal amount of contribution (in this Scheme referred to as theemployerrsquos contribution) and also administrative charges

(3) It shall be the responsibility of the principal employer to pay both the contribution payable

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

36

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 37: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

by himself in respect of the employees directly employed by him and also in respect of theemployees employed by or through a contractor and also administrative charges

Explanation For the purposes of this paragraph the expression ldquo administrative chargesrdquomeans such percentage of the pay (basic wages dearness allowance retaining allowance ifany and cash value of flood concessions admissible thereon) for the time being payable tothe employees other than an excluded employee and in respect of which Provident FundContribution are payable as the Central Government may in consultation with the CentralBoard and having regard to the resources of the Fund for meeting its normal administrativeexpenses fix

36-B Duties of Contractors

Every contractor shall within seven days of the close of every month submit to the principalemployer a statement showing the recoveries of contributions in respect of employeesemployed by or through him and shall also furnish to him such information as the principalemployer is required to furnish under the provisions of the Scheme to the Commissioner

Emplyeesrsquo Pension Scheme 1995

Para 3(1) From and out of the contributions payable by the employer in each month under Section 6 ofthe ldquoActrdquo or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the EmployeesrsquoProvident Fund Scheme 1952 a part of contribution representing 833 per cent of theEmployeersquos pay shall be remitted by the employer to the Employeesrsquo Pension fund within 15days of the close of every month by separate bank draft or cheque on account of theEmployeesrsquo Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner The cost of the remittance if any shall be borne by the employer

Para 3(2) The Central Government shall also contribute at the rate of 116 per cent of the pay of themembers of the Employeesrsquo Pension Scheme and credit the contribution to the EmployeesrsquoPension Fund

Provident that where the pay of the member exceeds Rs 6500 (Rupees Six thousand andfive hundred) per month the contribution payable by the employer and the CentralGovernment be limited to the amount payable on his pay of Rs6500 (Rupees Six thousandand five hundred) only

Para 4 Payment of Contribution

(1) The employer shall pay the contribution payable to the Employeesrsquo Pension Fund in respectof each member employed by him directly or by or through a contractor

(2) It shall be the responsibility of the principal employer to pay the contributions payable to theEmployeesrsquo Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor

Employeesrsquo Deposit Linked Insurance Scheme 1976

Para 7 Contribution

(1) The contribution payable by the employer and the Central Government under sub-section (2)and sub-section (3) of Section 6-C of the Act shall be calculated on the basis of the basicwages dearness allowance (including the cash value of any food concession) and retainingallowance if any actually drawn during the whole month whether paid on daily weeklyfortnightly or monthly basis

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

37

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 38: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(2) Provided that where the monthly pay of an employee exceeds six thousand five hundredrupees the contribution payable in respect of him by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay of six thousand fivehundred rupees including dearness allowance retaining allowance (if any) and cash value offood concession

Para 8 Mode of Payment of Contribution

(1) The contribution by the employer shall be remitted by him together with administrativecharges at such rate as the Central Government may fix from time to time under sub-section4 of Section 6-C of the Act to the Insurance Fund within fifteen days of the close of everymonth by a separate bank draft or cheque or by remittance in cash in such manner as may bespecified in this behalf by the Commissioner The cost of remittance if any shall be borneby the employer

(2) It shall be the responsibility of the employer to pay the contribution payable by himself inrespect of the employees directly employed by him and also in respect of the employeesemployed by or through a contractor

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

38

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 39: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure-ACREDENTIALS OF THE TENDERER

(A) General

(i) Name of the CompanyContractor

(ii) Address of Registered office

(iii) Constitution of the Company

(a) Whether Pvt Ltd Public Ltd Partnership or any other type

(b) Whether JVConsortium (c) Name and address JVConsortium

(B) Experience(i) No of years the firm has been in operation under its present name

(ii) Details of work executedbeing executed by the tenderer in the last three years (iii) Testimonials from clients company on various works executedbeing executed for the last three years

(Details of works executedunder execution in the last three years)SlNo

Name of work ampWO number

ClientsAddress

Estt Value Specified dateof completion

Present status completedon

Completed value

date

(C) Financial Position Financial Turnover during the last three years (Copies of Audited Annual report Accounts or

a statement duly certified by a chartered accountants or Authenticated payment record ofRailway should be enclosed)

Year Turnover (Rs in lakhs)

(D) Technical Capability

(i) List of tools Plants equipment and machinery available with the tenderer along withtheir value (A copy approved Assessors Certificate to be enclosed)

(ii) Name qualifications of the technical Supervisors and staff under the employment of thetenderer and organization on hand and proposed to be engaged for the subject work

(iii) Other facilities available with the tenderer not covered hither to

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

39

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 40: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

(E) Tenderer(s) knowledge from actual personal investigation of the resources of the region orDistrict(s) in which he offers to work

(F) Any other details that the tenderer may like to furnish to substantiate their financial andtechnical ability to undertake this work and complete the same within stipulated period ofcompletion

Annexure-BDECLARATION FORM

IWe hereby certify that -

(i) I amWe are not related to any employed in the Gazetted and or non-gazetted capacity in theEngineering and or any other Department of the Northeast Frontier Railway

(ii) IWe draw attention to the fact that I amWe are related to the following employee(s) in theGazetted andor non-gazetted capacity in the Engineering and any other Department of theNortheast Frontier Railway

(iii)SNo Name of the Employee(s) Designation amp

DepartmentDegree of

Relationship

Note The item which is not applicable should be struck out

SIGNATURE OF CONTRACTOR (S)

Name ____________________________

Address __________________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

40

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 41: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE ndashC

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work As per schedule

Schedule of DeletionAlteration (By Railway)

SlNo Clause No of Std Spl Conditions of Contract Modifications applicable to thisTenderContract

1 Clause 40 - Price Variation Deleted

2 Clause - 39 ndash Advance Payment for Contractors materials(with sub clause)

Deleted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

41

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 42: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure- D

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Schedule of Deviations (By Tenderer )

SlNo Clause No of Std Spl Conditions orAddl Special Condition of Contract

Alternative acceptable to the tenderer

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

42

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 43: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

ANNEXURE- E

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE

In consideration of the President of India acting through the Chief EngineerCon FinancialAdviser amp Chief Accounts OfficerCon N F Railway Maligaon Guwahati Assam-781011(hereinafter called the Government) having agreed to exempt ------------ (A) ------------ (Hereincalled ldquothe said contractor(s)rdquo) from the demand under the Terms and Conditions of the ContractAgreement No -------------------------------------------- date ------------- made between-------------------------------(A)------------------------ and the Chief EngineerCon N F RailwayMaligaon Guwahati Assam-781011 for ----------------------------------------------------------(B)--------------------------------------------------------- (Herein called the ldquosaid Agreementrdquo) of thePerformance Guarantee condition (i) contained in the said Agreement On production of BankGuarantee for Rs-------------------------------- (Rupees---------------------------------------------------------------------------------------------------------------------only) We----------------------------------------------------------------------(C ) -------------------------------(Herein called ldquothe Bankrdquo) at the request of ------------------------(A)-------------------------------------------------------------(Contractor(s)) do hereby undertake to pay tothe Government an amount not exceeding Rs------------------------------------ against any loss ordamage caused to or suffered or would be caused to or suffered by the Government by reason of anybreach by the said contractor(s) of any of the terms or conditions contained in the said Agreement

20 We----------------- (C) -------------------do hereby undertake to pay the amounts due andpayable under this Guarantee without any demur merely on a demand from the Government statingthat the amount claim is due by way of loss or damage caused to suffer by the Government by reasonof breach of the said contractor(s) of any of the terms or conditions contained in the said Agreementor by reason of the contractorrsquos failure to perform the said Agreement Any such demand made on thebank shall be conclusive as regards the amount due and payable by the bank under this guaranteeHowever our liability under this guarantee shall be restricted to any amount not exceedingRs-----------------------------

30 We (the Bank) undertake to pay to the Government any money so demanded notwithstandingany dispute or disputes raised by the said Contractor(s) in any suit or proceeding pending before anycourt or Tribunal-relating thereto our liability under this present being absolute and unequivocal Thepayment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment

4 We----------------( C) ---------------------------------further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for the performance of thesaid Agreement and that it shall continue to be enforceable till all the dues of the Government underor by virtue of the said Agreement have been fully paid and its claims satisfied or discharged till Chief

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

43

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 44: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

EngineerCon N F Railway Maligaon Guwahati Assam-781011 certified that the terms andconditions of the said Agreement have been fully and properly carried out by the said contractor(s)and accordingly discharges the Performance Guarantee Unless a demand or claim under thisguarantee is made on us in writing on or before the -------------------------------------- we shall bedischarged from all liability under this guarantee thereafter50 We---------------------------------------( C) ----------------------------- further agree with theGovernment that the Government shall have the fullest liberty without our consent and withoutaffecting in any manner our obligations hereunder to vary any of the terms and conditions of the saidAgreement or to extend time of performance by the said contractor(s) from time to time or topostpone for any time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forbear or enforce any of the terms and conditions relating to the saidAgreement and we the bank shall not be relieved from our liability by reason of any such variation orextension being granted to the said contractor(s) (or for any forbearance act or omission on the part ofthe Government) or any indulgence by the Government to the said Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to sureties would but for this provision haveeffect of so relieving us

50111 This guarantee will not be discharged due to the change in the constitution of the bank or thecontractor(s)

50112 We----------------------------------------------(C)----------------------------------------------- lastlyundertake not to revoke this guarantee during its currency except with previous consent of theGovernment in writing

Dated the --------------------- day of ------------------------------------------------------------2014for------------------------------------------------------- (C)---------------------------------------------

Note

1 Please fill the above form by replacing symbols (A) (B) and ( C) with appropriate words asgiven below

Legend Meaning

(A) Firmrsquos Name and Address with PIN Code

(B) Brief Description of the work to be executed as per CA

( C) Bankrsquos Name and Address with PIN Code

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

44

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 45: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

2 Stamp Paper as required shall be used Certificate from the Collector (Revenue) has to beembodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed

3 Filled in statementswordsfigures should be invariably underlinedAnnexure -H

ToThe Branch ManagerSBIPNB(NEFT)

Sub- Transfer of payment through NEFT

The Bank Account(s) of the following payee(s) may kindly be credited throughRTGSNEFT as per statement given below for this purpose Cheque No dt is beingdeposited in your Bank for a total amount of Rs The credit should be effected in therespective Bank Account positively After completion of transaction advisereport may be sent toFAampCAOCON NFRailway Maligaon Guwahati -11 with intimation to the party

SN Party Name amp Address Bank Name MICRIFSCCode

AccountNo

Type ofAccount

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

45

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 46: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Annexure ndashG(Para-16)

Programme for Completion

Following programme of completion shall be adhered to by the agency for completion of the work

Phase of Work Time period elapsed since issue of LOA(as of Completion Period)

ProgressDuring the Period

Cummulative up to end of the phase

I (Initialisation) 10 Mobilisation ampsite clearance

Mobilisation amp siteclearance

II (Start Up) 20 10 10

III ( (Momentous) 30 10 20

IV (Stabilisation) 50 30 50

V (Consolidation) 75 30 80

VI (Redemption) 95 20 100

VII (Final) 100 Finishing ampDemobilisation

Finishing amp Demobilisation

Progress commensurate with time elapsed will have to be maintained by the agency at any stage of work

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

46

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 47: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

Nature amp Scope of work

Name of Work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existing abutment 2 of BrNo47 (2x457m Steel Bridge + 122m composite Girder with Deck slab) and ROB (Bow string steelGirderof 30m clear span as per latest RDSOrsquos drg) and both approaches) over existing level crossingNoST22 at Tetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at Tetelia ndash Byrnihat New Line National Project Scope of work is to design the spanning arrangements detailed structural design of foundations substructure( including bed blocks inspection steps etc if any) amp protection works and developing theirdetailed structural drawings for multi span girderslab bridges and also to prepare the detail Bill OfQuantities for foundations Sub-structures amp protection works for such bridges Spanning has to bedecided based upon various survey data site conditions as observed in field inspections

20 Spanning arrangement shall be such as to have overall minimum cost of the bridge Proposal forspanning amp type of foundation shall be supported by a report bringing out techo-economicjustifications for the proposal vis-agrave-vis other options Adopting deep foundation in particularshall be supported by technical amp financial considerations

30 Only RDSO standard spans suitable for 25 T loading amp seismic zone -V to be used Foundationsamp sub structure are to be designed for 25 T loading amp seismic zone ndashV for Railway bridge

40 Geotechnical investigations at proposed bridge sites have already been completed All thereports results available with the Railway will be provided to contractor at the start of workDesigner shall also make requisite site visits to have the feel of site amp to collect the additionaldata if required

50 All Designs shall satisfy provisions of all Railway codes manuals relevant BIS codes amp otherinstructions on the subject All drawings shall be as per standard Railway conventions

60 Contractor shall remain in touch with the Design office of NF Railway (construction) for guidanceon latest codal provisions amp other instructions

70 Drawings duly corrected in all respects shall be submitted on good quality original tracing(double matt film 75 micron) for approval of competent authorities Five sets of copies to begiven after approval of drawing In addition Contractor will have to submit soft copy ofdrawings in a format as decided by Railway It is suggested to get the draft of the drawingsapproved before submitting the same on the tracing paper Draft drawings plans shall besubmitted on white sheets

80 All reports design calculations bill of quantities etc shall be submitted in three copies properlybound Also soft copy of reports calculations bill of quantities etc to be submitted in a formatas decided by Railway

90 Rate are inclusive of cost of all materials consumables TampP supervision experts fees chargesof consultants transportation etc complete as per scope of work amp inclusive of all taxes royalty etc complete Nothing extra over amp above the accepted rates will be payable Income taxamp other statutory taxes as applicable from time to time will be deducted

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

47

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 48: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAILWAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

ABSTRACT OF SCHEDULE OF ITEMS OF WORKS SlNo

Description of works Unit EstimatedCost

age of rate in figures amp words(over basic cost)

1 SCHEDULE-AExecution of item of works asper Annexure-I (NS items ofwork ie Preparation of GADetc)

ageAboveBelowAt par

94269600

NB

(1) Tenderer(s)Contractor(s) have to quote only percentage abovebelowat par in the

schedule

(2) Tenderers are not required to quote item wise rates In case any contractor quotes unified percentage for each schedule and item wise rates against individual items also no cognizance would be taken for the item wise rates quoted by the tenderer

(3) Tenderers are required to quote rates only in the ldquoABSTRACT OF SCHEDULE OF ITEMS OF WORKS AND ESTIMATED COSTrdquo and nowhere else and separately for each Schedule as per space provided

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

48

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 49: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

NORTHEAST FRONTIER RAIL WAY(Construction Organization)

TENDER NODYCECONTetelia ndash ByrnihatPreparation of GAD201635

Name of work Preparation of GAD details design amp drawing of proposed Br No48 (8x305mComposite Girder with Deck slab) in continuation with redesigning of existingabutment 2 of Br No47 (2x457m Steel Bridge + 122m composite Girder withDeck slab) and ROB (Bow string steel Girderof 30m clear span as per latestRDSOrsquos drg) and both approaches) over existing level crossing NoST22 atTetelia station yard including foundations Sub structure Bed Blocks inspectionplatform Bearing etc at tetelia ndash Byrnihat New Line National Project

Schedule ndash A Annexure-ISCHEDULE OF ITEMS OF WORKS ie Preparation of GAD etc AND APPROXIMATE QUANTITIES

Sl No Description of items Unit Qty Rate Amount

1 Preparation of GAD carrying out the detaileddesign of girderslab bridges includingFoundations sub structure bed blocks inspectionplatform bearing etc if required Suitable to ldquo25 Tloading-2008rdquo for Bridge No48 in connectionwith redesigning of existing Abutment 2 of BrNo47 (2x457m steel Bridge + 122m compositeGirder Deck slab) and for ROB including bothapproaches over existing level crossing NoST22at Tetelia station yard suitable to Road loadingslandered as per latest IRC code onstraightCurved amp level slope alignment inseismic Zone-V River trainingprotection worksRoad approaches based upon hydrological surveyamp soil investigation Reports provided by Railwaystudy of site conditions collection of otherrequisite field details etc approval of design ampdrawings with proof-check from IIT or any similarreputed Government institution as decided byRailway Railway will finally approve the designsamp drawings contractor shall submit the drawingsfor approval in good quality original tracing(double matt film 75 micron) and to give five setsof copies after approval of drawings along withdetailed design calculation and BOQ in the formof a standard booklet in 3 copies and the soft copyin editable form as per format decided by RailwayRates are inclusive of cost of all materialsconsumables TampP supervision expertstransportation feessite visits of consultant proof-

Each 2 47134800 94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

49

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 50: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

check etc complete as per scope of work ampinclusive of all taxes royalty etc as per specialcondition of contract amp instructions andsatisfaction to Engineer in charge

Note - (1) part payment 15 of accepted ratewill be made after approval of GAD Another 15of accepted rate will be paid after the draft of thestructural drawings is found acceptable forforwarding to design section Another 25 ofaccepted rate will be made after structuraldrawings are submitted on tracing paper as percorrected draft amp designBOQ etc in bookletform Another 40 of accepted rate will be paidafter submission of desired number of copies ofapproved drawings amp booklet of designBOQ etcand balance 5 will be paid along with final bill(2) Spanning arrangement of Bridges may bechanged to suit the site conditions (3) Rateanalysis is attached as Annexure-II

Total = Rs94269600

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

50

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 51: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

AGREEMENT OF WORKS(Value at over Rs 10000- )

Approximate value of the work (Tender Value)

CONTRACT AGREEMENT NO __________________ Dt_________ARTICLES OF AGREEMENT MADE this _______________day of_____________2016between the president of India acting through the Railway Administration hereinafter called theldquoRailwayrdquo on the one part and hereinafter called the ldquoContractorrdquo of the other part

WHEREAS the Contractor has agreed with the Railway of the performance of the works_______set forth in the schedule hereto annexed upon the General Conditions of Contract and theSpecifications of the Northeast Frontier Railway 2013 edition corrected up-to-date and the SpecialConditions and Special Specifications if any and in conformity with drawings hereinto annexedAND WHEREAS the performance of the said works is an act in which the public are interested

NOW THIS INDENTURE PRESENTS WITNESSETH that in consideration of thepayments to be made by the Railway the contractor will duly perform the said works in the saidschedule set forth and shall execute the same with great promptness care and accuracy in aworkmanlike manner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawings and said conditions of contract on or before the ___ day of____ and will maintain the said works for a period of ____ calendar months from the certified dateof their completion and will observe fulfil and kept all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully set forth herein) and theRailway do hereby agree that if the Contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paidto the Contractor for the said works on the final completion thereof the amount due in respect thereofat the rates specified in the schedule hereto annexed

Contractor(s) ______________ DY CHIEF ENGINEERCONSTRUCTION N F RAILWAY MALIGAONAddress ______________________ for PRESIDENT OF INDIA

Date _________

Signature of witnesses with Address to Witness 1 _______________________

2 _______________________

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

51

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________
Page 52: Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation …€¦ · Tender No.DY.CE/CON/Tetelia – Byrnihat/Preparation of GAD/2016 ... 30m clear span as per latest RDSO ... Tender

Tender NoDYCECONTetelia ndash ByrnihatPreparation of GAD201635

END OF THE TENDER DOCUMENT

Signature of Tenderer(s) for DyChief EngineerCON Contractor(s) NFRailway Maligaon

52

  • Issued toDownloaded helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
    • NORTHEAST FRONTIER RAILWAY (CONSTRUCTION)
      • Annexure- D
        • 94269600
        • Total = Rs94269600
        • AGREEMENT OF WORKS
          • 2 _______________________