WESTERN RAILWAY(Printing Press, Stores Department)

TENDER DOCUMENT

TENDER No. SrMPS/MX/Hiring of Truck/2015 Due 08.06.2015.

1. Name of work : Hiring of 01 No. 3 MT Tempo/Truck with loading and unloading for Western Railway Printing Press, Shakti Mill Lane, Mahalaxmi, Mumbai 400011.

2. Approx. cost of work : Rs.3,77,500/-

3. Earnest Money : Rs.7550 /-

4. Completion Period : 12 (Twelve) months (including monsoon)

5. Cost of tender document : Rs.1,000/- by handRs.1,500/- by post

6 Loaded on web site : www.wr.indianrailways.gov.in Tender notice under Material Management

-------------------------------------------------------------------------------------- Tender closing date : At 13.00 hrs. On 08.06.2015.

Tender opening date : At 14.30 hrs. On 08.06.2015.----------------------------------------------------------------------------------

Office of theSr. Manager(P&S),

Western Railway Printing Press, Shakti Mill Lane, Mahalaxmi, Mumbai 400011.

INSTRUCTIONS TO THE TENDERERS REGARDING TENDER FORMS DOWN LOADED FROM INTERNET

1. Tender file is to be downloaded from the Internet and printout is to be taken of A-4, size paper and details are to be entered by the tenderer at the various locations in the document. It is advisable that the downloaded tender document to be printed through Laser Printer only. Submission of xerox or Photocopy of tender document is prohibited.

2. The downloaded Tender document (in full), along with the various documents that are required to be submitted as per the tender conditions should be sent in a sealed cover, duly subscribing with the name of work, Tender Notice No. due Date of opening of Tender and with remark as ‘Downloaded from Internet ‘etc. The same has to be dropped in the tender box kept in the Office of Sr MPS , Western Railway Printing Press, Mahalaxmi, Mumbai-400 011 before the date and time stipulated in the tender document.

3. The Tender documents are available on Western Railway website i.e. www.wr.indianrailways.gov.in / Tender notice under Material Management and the same can be downloaded and used as tender document for submitting the offer. The cost of tender document as indicated in the tender document will have to be deposited by the tenderer by paying cash to the Chief Cashier, Western Railway, Churchgate, Mumbai-20. The cash receipt should be attached along with the tender documents as a proof of deposition of Tender cost where as EMD may be paid by Demand Draft. The tender not accompanied with the cost of tender document and EMD will be summarily rejected.

4. The Earnest Money Deposit required for this work as stipulated in the tender document also to be submitted separately.

5. Tenderers are advised to download tender documents well in advance and submit the tender before the stipulated time. It is responsibility of the tenderer to check any correction or any modifications published subsequently in website and the same shall be taken into account while submitting the tender. Tenderer shall download corrigendum (if any) print it out, sign and attach it with the main tender document. Tender document not accompanied by published corrigendum/s is liable to be rejected. The Railway will not be responsible for any postal delays/delay in downloading of tender document from the Internet.

6. The tenderer may please note that the rate for items should be written in figures and in words by black or blue ballpoint pen only. The tenderer should sign each page of tender document.

7. Tenderer(s) are free to download tender document at their own risk and cost, for the purpose of perusal as well as for using the same as tender document for submitting the offer. Master copy of the tender

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document is available in the Office at Sr MPS, Mahalaxmi, Western Railway, Mumbai-400 011. After award of work, an agreement will be prepared based on the master copy of tender available in the above-mentioned office. In case, any discrepancy between the tender documents downloaded from the Internet and master copy, latter shall prevail and will be binding on the tenderer(s) no claim on this account will be entertained.

8. If the Tenderer/Contractor makes any change/addition/deletion and the same is detected at any stage even after the award of the tender, full earnest money deposit will be forfeited and the contract will be terminated at his/their risk and cost. The tenderer is also liable to be banned from doing business with Railways and/or prosecuted.

The tenderer while submitting the tender should give the following declaration.

a) I/We have downloaded the tender form from the Internet site www.wr.indianrailways.gov.in I/We have not tampered/modified the tender forms in any matter. In case, if the same is found to be tampered/modified, I/We understand that my/our tender will be summarily rejected and full earnest money will be forfeited and I/We am/are liable to the banned from doing business with Railways and/or prosecuted.

b) I/We submitting a Demand Draft No.___________________ dated___________ issued by ______________________________for Rs.1,000/- towards the cost of tender form.

Signature of Tenderer(s)

Date :

Address:

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TENDER FORM

Name of Work : Hiring of 01 No. 3MT Tempo/Truck with loading and unloading for Western Railway Printing Press, Shakti Mill Lane, Mahalaxmi, Mumbai 400011.

Approximate cost of Work : Rs.3,77,500/-

Earnest Money : Rs.7,550/-(Rupees Seven thousand five hundred and fifty only)

Completion period : 12 (Twelve) months.

Tender Closing Date : On 08.06.2015 at 13.00 hrs.

Tender Opening Date : On 08.06.2015 at 14.30 hrs.

Not Transferable

Issued by : Sr. Manager (Printing & Stationery, Western Railway Printing Press, Shakti Mill Lane, Mahalaxmi, Mumbai 400011.

Issued to : __________________________________

__________________________________

__________________________________

__________________________________

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TENDER NO. SrMPS/MX/Hiring of Truck/2015 Due on 08.06.2015

For transportation of Railway Material from Printing Press, Mahalaxmi to various places in Mumbai (as per item No. 32 in Scope of Work in Instructions to Tenderers & Conditions of Tender)

To,The President of India,Acting through Sr Manager(P&S) Western Railway Printing Press, Mahalaxmi, Mumbai - 400 011

Sir,Ref: Invitation of Tender No. SrMPS/MX/Hiring of Truck/2015

Due 08.06.2015

With reference to the above invitation of Tender, I/We hereby offer to transport Railway Materials from Western Railway Press, Mahalaxmi to avrious places in Mumbai at the rates mentioned in the Schedule hereto annexed and subject to conditions of Tender and the Terms & Conditions in the annexed Agreement to the conditions that you will have the right to accept this Tender in whole or in part of any particular item specified in the Schedule hereto without prejudice to your right to accept the Tender or Tenders of any other person or persons with regard to the rest of the items or item or quantity in respect of which this tender may not be accepted by you.

The fulfilment/observance of conditions of Tender and the terms & conditions contained in the Agreement form annexed to the said invitation to the Tender and the letter accepting this Tender shall be the sole responsibilty of the Contractor should this be accepted. I/We hereby undertake forthwith to enter into an Agreement in the prescribed Form of Agreement annexed to the said Invitation of tender.

(Name & Signature of the Tenderer)

Address in full..................................................................................................................

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.........................................................Date: ................................................

Telephone No.: ........................................

Accepted as per No. ............................................. dt .........................

Agreement for the Transportation of Railway Material from Western Railway Press, Mahalaxmi, to various places in Mumbai

This Agreement made this ....................... day of ................... 2015, between the President of India acting through the Senior Manager, Western Railway Press, Mahalaxmi, (hereinafter called the Railway Administration) which expression shall mean and include his successor and assigns in office of the ONE PART.

AND1. Shri................................................................................. carrying

on business under the name and style of ........................................as its Sole Proprietor having his office at the ............................................................ herein after called “ THE CONTRACTOR” (which expression shall mean and include his legal heirs, representatives, executors, administrators and permitted assigns), of the OTHER PART.

OR2. 2. M/s ...................................................... a registered partnership

firm having its registered office at ....................................... hereinafter called “ THE CONTRACTOR” (which expression shall mean and include his legal heirs, representatives, executors, administrators and permitted assigns), of the OTHER PART.

OR3. 3. ................................................................. a company

registered under the Indian Companies Act, 1956 and having its registered office at ....................................... hereinafter called “ THE CONTRACTOR” (which expression shall mean and include his legal heirs, representatives, executors, administrators and permitted assigns), of the OTHER PART.

Whereas the Contractor has agreed with the Railway Administration to transport Railway Materials from Western Railway Press, Mahalaxmi to various places in Mumbai (herein called “the said premises”) as mentioned in “THE SCHEDULE” annexed hereto during the contract period.

Read & Accepted:

Signature of the Tenderer

Name: ...................................

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(to be written legibly)

Full Address:..........................................................................................................................................Date: .....................................

Name of Work : Hiring of 01 no. 3MT Tempo/Truck with loading and unloading for Western Railway Printing Press, Shakti Mill Lane, Mahalaxmi, Mumbai 400011.

1.00 Instructions to Tenderer/s and Conditions of Tender.

Tender must be enclosed in sealed cover superscribed Name of Work: - Hiring of 01 no. 3MT Tempo/Truck with loading and unloading for Western Railway Printing Press, Shakti Mill Lane, Mahalaxmi, Mumbai 400011. and must be sent by registered post to the address of The Sr.Manager(Printing & Stationery), Western Railway Printing Press, Shakti Mill Lane, Mahalaxmi, Mumbai 400011, so as to reach the office not later than 13.00 hrs. on 08.06.2015 or deposited in the, special box allotted for the purpose in the office of Sr MPS/MX, Western Railway Printing Press, Mumbai-400 011. This will be sealed at 13.00 hrs. The Tender document will not be sold after 11.00 hrs. on 08.06.2015. The Tender will be opened on same day at 14.30 hrs.

.1.2 The following documents form part of contract:

(a) Tender form.

(b) Special Conditions/Specifications (Enclosed).(Non-technical & Technical)

(c) Schedule of approximate quantities (attached).

(d) Western Railway General conditions of contract (GCC) (Revised edition 1998) with up-to-date correction slips and amendment issued vide Bd's letter No. 2003/CE-I/4/PT-I dt.12.05.2006 and 30.05.2006 copy of general conditions of contract can be obtained from the GM(E), Western Railway, Churchgate, Mumbai - 400 020.

(e) Offer Sheet:

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Tenderers are advised to quote their rates in the rate sheet at relevant page of the tender document as percentage above/ below/at par with the Railway’s estimated cost at the desired Western Railway General Conditions of Contract (G.C.C.) (Revised edition – 1998) corrected upto the latest correction slip. Copy of General Condition of Contract can be obtained from the GM (E), Western Railway, Churchgate, Mumbai – 20.

(f) The list of documents to be attached along with the tender is given under nature of tender.

.0System of tendering:

2.1 Tender will consist of one packet and to be submitted in sealed cover at the time of submitting the tender. The envelope should be super scribed as under :-

Name of Work: Hiring of 01 no. 3MT Tempo/Truck with loading and unloading for Printing Press, Western Railway Printing Press, Shakti Mill Lane, Mahalaxmi, Mumbai 400011.

As far as possible the tenderer/s bid should not have any condition or specifications or assumptions contrary to the provisions in this tender document on which the tenderer/s bid is based, shall be supplemented by the details of exact financial implications if applicable. Tenderer’s special conditions, not in conformity with the tender specifications, are required to be listed separately. Railway will not take cognizance of any other conditions / variations from the tender stipulations mentioned at any other place in the tender documents, drawings etc. except under the format specified in the tender documents for such special conditions, if any. It needs to be emphasized that only such conditions /stipulations which are at variance with the tender condition’s codal provision stipulated in the tender document need be mentioned, in case tenderer/s choice to stipulate such special conditions taking into account the restrictions mentioned elsewhere in the tender documents. Only such of the special conditions/specifications stipulated by the tenderer/s which have been specifically approved by the Railways in writing shall be deemed to have been accepted by the Railways. If the tenderer/s conditions or stipulations are at variance with the tender conditions/ codal provisions, shall be withdrawn by the tenderer.

2.2 Following documents should be attached with the tender:-

i) Earnest Money in proper form.

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ii) Partnership deed. iii) Power of Attorneys if any.iv) Tender documents duly signed & completed.

v) Any other document the tenderers may like to submit in support of his credentials/scheme.

vi) Past experience and performance record of the firm if any.

2.3 Conditional tenders are liable to be rejected straight away. Railway reserves the right to reject such tenders summarily without assigning any reason whatsoever. on compliance with any of the conditions set forth herein above to liable to result in the tender being rejected.

3.0 Tenderer’s credentials:In support of their credentials, the tenderers should submit following documents along with their tenders:

(a) List of personnel, organization available on hand and proposed to be engaged for the subject work.(b) List of similar work completed in the last three financial years giving description of work, organization for whom executed approximate value of contract at the time of award, date of award, and date of schedule completion of the work. Similarly the date of actual start, actual completion and final value of contract should also be given.(c) List of work on hand indicating description of work contract value, approximate value of balance work yet to be done and date of award. Note: (i) In case of items (b) & (c ) above, supportive documents certificate from the organization with whom they have worked are working should be enclosed. (ii) Certificates from private individuals for whom such works are executed/being executed will be accepted.

3.0 The following documents form part of contract: -

a) Tender form.b) Special conditions/specifications Part I & II (enclosed)c) Schedule of approximate work quantities (attached)d) Western Railway, General Conditions of Contract (GCC), (New edition

1998) which shall include regulations for Tenders and contract. If the tenderer/s fails to abide by the conditions or fails to submit documents as above, the tender is liable to be rejected.

The tenderer/s should satisfy the following:-

i) All documents listed above are submitted duly completed.ii) Earnest Money is in acceptable form.iii) Railway is satisfied with the credentials and capacity of tenderers to

successfully execute the work.iv) Scheme of execution is satisfactory & acceptable to the Railway.

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v) Certified copies of document(s) from their employer/ client or an attested copy of audited balance sheet duly certified by a Chartered Accountant etc indicating the payment received by the Contractor in the last three financial years and the current financial year.

vi) (a) List of personnel engaged, organization available on hand and proposed to be engaged for the subject work.

(b) List of Vehicles available on hand (own) and proposed to be inducted (owned and hired list to be given separately) for the subject work.

(c) List of works completed in the last three financial years giving description of work, organization for whom executed, approximate value of the contract at the time of award, date of award, and date of scheduled completion of work. Date of actual start, actual completion and final value of the contract should also be given.

(d) List of works in hand, indicating description of work, contract value, approximate value of the balance work yet to be done and date of award.

Note:

1) In case of items (c) and (d) above, supportive documents/certificates from the organizations with whom they worked/are working should be enclosed.

2) Certificates from private individuals for whom such works are executed/ being executed shall not be accepted.

3.1 Decision of the Sr MPS/MX regarding the acceptability of the scheme shall be final and binding. However, within the frame work of scheme as submitted by the tenderer & acceptable to Railway, the railway can effect suitable modifications to details as necessitated by the provision of various codes, manuals reference etc.

4.0 Earnest Money:

4.1 The tenderer shall be required to deposit earnest money i.e. Rs.7,550/- (Rupees Seven thousand five hundred and fifty only) with the tender for the due performance with the stipulation to keep the offer open till such date as specified in; the tender under the conditions of tender.

4.2 The tenderer shall hold the offer open for a period of 90 days (ninety days) from the date fixed for opening the same. It shall be understood that the documents have been sold/issued to the tenderer and the tenderer is permitted to tender in consideration of stipulation on his part, that after submitting his tender he will not recede from his offer or modify the terms and conditions thereof in a manner not acceptable

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to the Engineer. Should the tenderer fail to observe or comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to the Railway.

4.3 If his tender is accepted this earnest money mentioned above will be retained as part security for the due and faithful fulfilment of the contract in terms of clause 16 of the General Conditions of Contract. The earnest money of other tenderers, shall have as herein before provided be returned to them, but the Railway shall not be responsible for any loss or depreciation that may happen thereto the security for the due performance of the stipulation to keep the offer open for the period specified in the tender documents or to the earnest money while in Railway’s possession, nor be liable to pay interest thereon.

4.3.1 In case the tenderer/s withdraws his offer within the validity date of his/their offer or fails to undertake the contract after acceptance of his/their tender, the full earnest money shall be forfeited.

4.4 The earnest money should be in cash or in any of the following terms:-

4.4.1 Deposit receipts, pay orders, demand drafts. These forms of earnest money could be either of the State Bank of India or of any of the Nationalized Banks. No confirmatory advice from the Reserve Bank of India will be necessary.

4.4.2 Deposit receipts, executed by the scheduled Banks (other than the State Bank of India and the Nationalized banks) approved by the Reserve Bank of India for this purpose. The Railway will not, however, accept deposit receipt without getting in writing the concurrence of the Reserve Bank of India.

4.4.3 Deposit receipt, pay orders and demand drafts should be drawn in favour of “Chief cashier Western Railway, Churchgate, Mumbai – 400 020”.

4.4.4 In case, the tenderer/s deposit/deposits earnest money in the form of fixed deposit receipt of nationalized banks, it should be issued exclusively in favour of “Chief Cashier, Western Railway, Churchgate Mumbai 20” only. If the name of the Directors/ company is added, thereafter, the tenderer/s is/are required to sign on Rs.1/- (One) Revenue Stamps on back side of the deposit receipt.

4.4.5 Earnest money in the form of Government Securities (Stock Certificates/ Bearer Bonds, Promissory Notes) will not be accepted.

4.4.6 Earnest Money wherever it is deposited in cash should be remitted to the Chief Cashier, Western Railway, Mumbai – 400 020 and the receipts obtained thereon should be enclosed with the tender as a

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proof of deposit of requisite earnest money in original. The earnest money should not be deposited in station.

5. Tenders containing errors and/or alterations of the tender documents are liable to be rejected. Any correction made by the Tenderer(s) in his/their entries must be attested.

6. If a tenderer/ tenderers deliberately give/gives wrong information in his/their tender, or creates/ create circumstances for the acceptance of his/their tender, the railway reserves the right to reject such tender at any stage.

7. If a tenderer expires after the submission of his tender or after the acceptance of his tender, the railway shall deem such tender as cancelled. If a partner of a firm expires after the submission of their tender or after the acceptance of their tender, the Railway shall deem such tender as cancelled unless the firm retains its character.

8 Earnest Money, Validity of Tender:

(i) The tender must be accompanied by a sum of Rs.7,550/- (Rupees Seven thousand five hundred and fifty only) as Earnest Money deposited in cash or in any of the forms mentioned in the tender failing which the tender will not be considered.

(ii) The tenderer shall hold the offer open till such date as specified in the tender, it is understood that the tender documents have been sold/issued to the tenderer and the tenderer is being permitted to tender in consideration of the stipulation on his part that after submitting his tender he will not recede from his offer or modify the terms and conditions thereof in a manner not acceptable to the Sr. MPS/Mx.

(iii) Should the tenderer fail to observe or comply with the foregoing stipulation, the amount deposited as security for the due performance of the above stipulation shall be forfeited to the Railway.

(iv) The Earnest Money including the amount taken as Security Deposit for the due performance of the stipulation to keep the offer open till the date specified in the tender will be refunded to the unsuccessful tenderer(s) within a reasonable time. The earnest money deposited by the successful tenderer(s) will be retained towards the security deposit for the due and faithful fulfilments of the contract but shall be forfeited if the contractor fails/contractors fail to execute the agreement bond within one month after receipt of notice issued by the railway that such

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documents are ready or to commence the work within ten days after receipt of orders to that effect.

(v) The balance amount of security deposit over and above the earnest money shall be deposited in the same form as prescribed for Earnest Money deposit. The same shall be deposited at the first stage only by the successful tenderer/s. If not, the same shall be recovered from the running bills at the prescribed rates, which will be refunded only after successful completion of work and maintenance period if any.

9 Security Deposit:

9.1 The earnest money deposited by the contractor with his tender will be retained by the Railways as part of security for the due and faithful fulfilment of the contract by the contractor. The balance to make up the security deposit, the rates for which are given below, may be deposited by the contractor in cash or may be recovered by percentage deduction from the Contractor’s “on account” bills. Provided also that in case of defaulting contractor the Railway may retain any amount due for payment to the Contractor on the pending “on account bills” so that the amounts so retained may not exceed 10% of the total value of the contract.

9.1.1 Unless otherwise specified in the special conditions, if any, the security deposit/ rate of recovery / mode of recovery shall be as under:-

(a) Security Deposit for work will be 5% of the contract value.

(b) The rate of recovery will be at the rate of 10% of the bill amount till the full security deposit is recovered.

(c) Security deposit will be recovered only from the running bills of the contract and no other mode of collecting Security Deposit such as Security Deposit in the form of instruments like Bank Guarantee, Fixed Deposit etc. shall be accepted towards Security Deposits.

9.2 Security deposit shall be returned to the contractor after the physical completion of the work as certified by the competent authority of Railway. The Competent Authority shall normally be the authority who is competent to sign the contract. If this Competent Authority is of the rank lower than JA Grade, then a JA Grade Officer (concerned with the work) should issue the certificate. The certificate, inter alia, should mention that the work has been completed in all respects and that all the contractual obligations have been fulfilled by the contractors and that there is no due from the contractor to Railways against the contract concerned. Before releasing the Security Deposit, an unconditional and unequivocal no claim certificate from the contractor concerned should be obtained.

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9.3 No Interest will be payable upon the Earnest Money and security deposit or amount payable to the contractor under the contract.

10. Partnership Deeds, Power of Attorney, etc.

10.1 The tender shall clearly specify whether the tender is submitted on his own behalf or on behalf of partnership concern. If the tender is submitted on behalf of partnership concern he should submit the certified copy of partnership deed along with the tender and authorization to sign the tender documents on behalf of partnership concern. If these documents are not enclosed along with tender documents, the tender will be treated as having been submitted by individual signing the tender documents. The railway will not be bound by any Power of Attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however, recognize such power of attorney and changes after obtaining proper legal advice the cost of which will be chargeable to the contractor.

10.2 In terms of clause 6(c) of the Part I “Regulations for Tender and Contract” of the G.C.C., the Railway will not be bound by Power of Attorney granted by the tenderer or by the changes in the composition of the firm made subsequent to the execution of the contract. It may, however, recognize such powers of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor. These charges have been fixed at Rs.100/- payable by the tenderer at the time of submitting the power of attorney for scrutiny and legal advice.

10.3 If the power of attorney is not accepted, otherwise than for legal defect, the charges will be refunded. If the power of attorney is returned on account of legal defect for correction, separate charges of Rs.50/- for scrutiny of corrected power of attorney will be payable by the tenderer while resubmitting power of attorney. The same charges will be recoverable for scrutiny of all documents.

10.4 No power of attorney in favour of an individual person will be accepted if it is irrevocable except when it is in favour of bank.

In case, where the power of attorney / partnership deed has not been executed in English, the true and authenticated copies of the translation of the same by advocate, authorized translators of courts and Licensed petition writers should be supplied by the contractor (s) while tendering for the work.

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10.5 The tenderer whether a sole proprietor, a limited company or a partnership firm, if they want to act through agent or individual partner/partners should submit along with the tender or at a later stage, a power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner/partners of the firm or any other person specifically authorizing him/them to submit the tender, sign the agreements, receive money, witness measurements, sign measurement book, compromise, settle, relinquish and claim/s preferred by the firm and sign “No claim certificate”, and refer all or any dispute to arbitration.

Non compliance with any of the conditions set forth here in, above is liable to result in tender being rejected.

11. Rights of Railway to deal with Tenders :

The authority for the acceptance of the tender will rest with the Railway which does not bind itself to accept the lowest or any other tender nor does the Railway undertake to assign reason for declining to consider or reject any particular tender or tenders.

12. Execution of Contract Documents :

The successful tenderer(s) shall be required to execute an agreement with the Railway for carrying out the work according to “General Conditions of Contract”/ Special Conditions / Specifications annexed to this tender.

13. Sales Tax:

Sales Tax shall be deducted at the rate of 2% (or the premature rates at the time of execution of contract) from the payments made to the contractor as per the revised Sales Tax act amendment w.e.f. 1st April 99.

14. Performance Guarantee (P.G.):

The procedure for obtaining performance guarantee is outlined below:-

a. The successful bidder has to give Performance Guarantee amounting to 5% of the contract value in the form of Irrevocable Bank Guarantee.

b. The performance Guarantee should be furnished by the successful contractor after the letter of acceptance has been issued, but before

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signing of an agreement and should be valid upto stipulated date of completion plus 90 days beyond that. In case the time for completion of work gets extended, the contractor shall get the validity of P. G extended to cover such extended time for completion of work plus 90 days. The agreement should normally be signed within 15 (fifteen) days after the issue of letter of Acceptance and Performance guarantee should also be submitted within this time limit.

c. Performance Guarantee shall be released after physical completion of the work based on the completion certificate issued by competent authority stating that contractor has completed the work in all respects satisfactorily. The S.D however shall be released only after the expiry of the maintenance period and after passing the final bill based on ‘No Claim Certificate’.

d. Wherever the contracts are rescinded, the security deposit should be forfeited and the Performance Guarantee shall be en-cashed and the balance shall be got done independently without risk and cost of the original contractor.

15. Observance of statutory Act Rules etc:

The contractor/s will be bound by the provision of the minimum wages Act 1948 as amended from time to time and the rules made there under with regard to labour in schedule employment. The provision of the minimum wages Act will also apply ordinary maintenance works, petty works also. The schedule of minimum wages as provided shall be followed.

16. Deduction for Income Tax: 16.1 The Railway will deduct 2% of income tax on the gross amount and

surcharge on income tax of each bill as prescribed by Government from time to time and such deduction of Income Tax shall be recovered while making payment to the Contractor/s. The settlement of income tax should be made with the Income Tax authorities.

16.2.1 All taxes such as Income tax, Sales tax, Service tax and other taxes as prescribed by Central/State Govt. from time to time shall be applicable. The Contractor shall be fully responsible for payments of all such taxes without any liability of Railway Administration deducting towards such taxes shall be made from the payments of the contractor in accordance with rules in force from time to time.

17 Arrangements for Permits or License:

Arrangements for permit and license for materials will not be made by the Railway or any assistance given. The Contractor will have to make his own arrangements.

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18 Taxes and Royalties:

All rates quoted in the tender shall be deemed to be inclusive of all taxes, royalties payable by the Contractor(s) to the government or public body or local authority and no additional amount will be paid or claim entertained on this account to pay any charges/fees levied by the local authority/government during executing.

19 Notice to Public Bodies:

The Contractor(s) shall give to the municipality, police and other authorities all notices that may be required by law and obtain all requisite licenses for temporary obstructions, enclosures and pay all fees, taxes and charges, which may be leviable on account of his operations in executing the Contract.

20 Damage by Accident, Floods or Tides:

20.1 The Contractor shall take all precautions against damage from accident, floods or tides. No compensation will be allowed to the contractor for his Vehicle or part or material lost or damaged by any cause whatsoever.

20.2 The administration will not be liable to pay to the contractor any charges for rectification or repairs to any damage which may have occurred from any cause, whatsoever, to any part of the new/existing Vehicle.

21. First Aid:

The Contractor shall maintain in a readily accessible place first aid appliances including an adequate supply of sterilized cotton wool. The appliance shall be placed under the charge of a responsible person in the Vehicle.

22. The Settlement of Disputes:

The successful tenderer/s shall put up his/their claim as per clause 43 of the General Conditions of Contract after every month and not after completion of the work. All such claims and disputes shall be settled promptly during the progress of the works.

23. Errors, Omissions and Discrepancies:

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The tenderer(s) shall not take any advantage of any misinterpretation of the conditions due to typing or any other error and if any in doubt shall bring it to the notice of the Engineer without delay. In case of any contradiction, only the printed rules and books should be followed and no claim for the misinterpretation shall be entertained. In addition provision contained in Clause 22(5) of General Conditions of Contract shall also be applicable.

24. Safety Precautions: 24.1 The Contractor/s shall at all times adopt such safe methods of work as

will ensure safety of structure, equipment and labour. If at any time the Railway finds the safety arrangements unsafe, the contractor/s shall take immediate corrective action as directed by the Railway’s in the matter shall in no way absolve the contractor/s of his/their sole responsibility to adopt safe working methods.

24.2 The Contractor/s shall execute the works so as to ensure absolute safety of contractor/s personnel as well as Railway staff and personnel engaged on the works. The Contractor/s should indemnify the Railway against damages and injury to workmen. Railway reserves the right to enforce safety regulations on the contractor/s and recover any cost, which may be incurred for the purpose.

25 Security Deposit:

Security deposits shall be released after passing of final bill/maintenance period, whichever is later.

26 Variation Clause:The quantities shown in the tender schedule are approximate and can be varied for execution up to 25% plus or minus at the discretion of the Railway. In the event of any such variation in respect of any or all items of work (whether more or less) to the extent of 25%, the contractor shall not be entitled to any extra payment on account of any such excess or reduction in quantities but will be paid at the accepted contract rates only for the actual amount of work done.

27 Price Variation Clause (PVC): The rates offered/quoted shall remain unchanged till the finalisation of tender and will also remain valid during the currency of the contract. In case, Government decides to increase/decrease the price of Petrol/Diesel/CNG, the Railways reserves the right to increase/decrease as per the prescribed formula as indicated below:

Revision of the fare due to increase/decrease in the Petrol/Diesel/CNG prices shall be considered by Railways, if the increase/decrease announced by the Government of India is more than 10%. The

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increase/decrease beyond 10% the rates shall be increased/decreased by 1/4th of the percentage increase/decrease in fuel prices. For this purpose, the contractor will have to submit sufficient documentary proof in support of the variation in fuel prices and this settlement must indicate whether the vehicle supplied is Petrol/Diesel/CNG which should be submitted to the Railways along with the bills. In the absence of this declaration, no increase will be permissible

The contractor/s should take all precautions for safety of his/their labour, vehicles working at site while crossing the state highway/railway track and ensure to interference with smooth movement of road/rail traffic.

28. Agreement Charges:The successful tenderer(s) shall pay all local charges in connection with the preparations, stamping and registration of the agreement and other incidental charges if any.

29. Mode and Terms of Payment:

Bill passing Authority is Sr Manager(P&S)/MahalaxmiBill paying Authority is Sr AFA(W&S)/ Lower Parel.

30. Completion period: The duration of hiring is 12 months from issue of the Acceptance letter.

31. Power of modifications of contract :

Modification to contract to be in writing - In the event of any of the provisions of the contract requiring to be modified , after the contract documents have been signed, the modifications, shall be made in writing and signed by the railway and the contractor, and no work shall proceed under such modifications unless this has been done. Any verbal or written arrangement abandoning, modifying, extending, reducing or supplementing the contract or any of the terms there of shall be deemed conditional and shall not be binding on the Railway unless and until the same is incorporated in a formal agreement and signed by the Railway and the Contractor, and till then the Railway shall have right to repudiate such arrangement.

32. In case if the vehicle is required to be kept inside the Railway Premises, then such parking will be allowed on request, solely on contractor’s own responsibility and risk. The provision of insurance against theft may be made by the contractor to avoid inconvenience in such a situation. The Railway authority will not take any responsibility in any such matter.

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33.0 Scope of work:

Hiring of 01 no. 3 MT Tempo/Truck with loading and unloading for Western Railway Printing Press, Shakti Mill Lane, Mahalaxmi, Mumbai 400011.

1 The Scope of the work involves hiring of one 3 MT Tempo/Truck with loading and unloading for Western Railway Printing Press, Shakti Mill Lane, Mahalaxmi, Mumbai 400011.

1.1. The period of hiring of this tender is of 12 months from issue of Acceptance letter.

1.2 The nature of work is to transport books and forms with loading and unloading to various destinations in Mumbai as follows:

Schedule of TripsGroup No.

Destination No. of Trips per year

1 Press to MX Stores Depot 160Total 160

2 Press to Grant Road Parcel Depot/Byculla/Mumbai Central

50

3 Press to CCG/CSTM/DDR/DR 504 Press to Kurla/BDTS 40

Total 140Grand Total 300

SPECIAL CONDITIONS OF LOCAL MATERIAL TRANSPORTATION CONTRACT.

1 This tender is for transportation of Railway Material with loading/unloading between various stations within Mumbai up to LTT on Central Railway and Bandra on the Western Railway. Major stations being. LTT, DDR, DR, BDTS, CCG, BY. PDGR, BANDRA and CSTM Total approximate requirement shall be 300 trucks during the 12 months. The requirement per day may very from Nil to 2 trucks.

2 The No. of trips given in above table is approximate and may change based on actual requirements. However total number of trips shall be 300 for the purpose of the contract. However the variation clause mentioned in para 26 of instructions to Tenderers shall be applicable on the quantity of 300 trips.

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3 The total value of the tender and inter-se requirement of the tender shall be evaluated based on approximate no. of trips & value thereof for the purpose of deciding the tender. However the payments and actual no. of trips shall be based on actual requirements only.

4 Rates should be quoted on per trip basis with loading & unloading done by the Contractor staff separately for destinations clubbed in four groups based on similar distances from press as mentioned in the schedule of trips. The rates should be quoted as per the proforma given at page 25.

5 Any specification or condition stated by the tendered in the offer shall be deemed to be part of contract only to such extent as has been accepted explicitly by the Railway.

6 Tenderer shall have to submit Security Deposit cum Performance Guarantee amounting to 10% of the total value of the contract in the form of unconditional Bank Guarantee valid for 12 months before the order is placed on them. No exemption to this security deposit cum performance guarantee shall be granted. In the event of failure to submit the bank guarantee within 15 days when called for the offer shall be rejected without any further correspondence and penalty would be levied as per GCC condition of contract.

7 The tenderer are required to quote lump-sum rate per truck per day inclusive of all taxes, duties and fees, fuel, handling transit insurance and vehicle insurance and no separate charges on any account shall be payable. Normally the truck shall be required to make only one or two trips a day but Railways shall reserve the right to order as many trips as desired within the working time specified at clause 9.0 below.

8 The tempo/trucks shall be of at least 3-4 MT capacity duly equipped with all necessary arrangements for safe transportation of Railway Material of what so ever kind and description. The trucks shall be in sound condition and shall be duly registered Transport Authorities and shall have necessary documents such as Pollution under Control and insurance.

9 The contractor shall be required to make the truck / trucks available at Printing Press/MX on or before 09.00 hrs alongwith Driver and staff. Further movement shall be ordered by SSE/G/MX or any other person nominated by the Sr.MPS/MX. Loading and unloading shall be done by the contractor. The material loaded shall be delivered to where it has been ordered. The trucks shall be accompanied by the Railway Staff/Supervisor, who may be accommodated in the truck.

10 Normal working hours shall be 09.00 hrs. to 18.00hrs. All payments penalties shall be leviable based on the above timings.

11 The responsibility for safety of Men and Machine provide by the Contractor shall entirely lie with the contractor only.

12 The contractor shall ensure that the Truck Drivers posses requisite Driving License any violation of any traffic rules and consequences there of shall be responsibility of contractor alone.

13 The contractor shall ensure that the Driver and the assistant staff are not in intoxicated state at any time. In such cases the Railways shall

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be at liberty to consider the truck as non-supplied and levy penalties for non-supply. During the course of duties the men of contractor shall behave in courteous and disciplined manner and shall not do anything, which may cause loss of material/property/reputation of Railways.

14 The safe methods for transportation shall alone be used so as to ensure safety of structures, materials, property and labour.

15 The plea of custom prevailing shall not on any account be permitted as excuse for infringement of any of the conditions of contract.

16 The contractor shall comply with the provisions of the contract labour (regulation and abolition). Act 1970 and the contract labour (regulation and abolition). Act 1971 as modified from time to time and shall also indemnify the Railways from and against any claim under the aforesaid act and the rules.

17 The contractor shall obtain detention memo from SSE/G/MX nominated Supervisor if any truck is detained for more that 2 hours after stipulated time. No detention charges shall be payable if truck is detained for less than two hours. The detention charges shall not exceed the over night detention charges of Rs.300/- as detailed at Para 23 of these conditions of contract.

18 The contractor at his own expense shall be required to provide trucks as per order suitably equipped for safe transportation of material to the satisfaction of Railway Administration. The contractor shall be bound to transport all Railway material of whatsoever kind and description and shall deliver them safely and in sound condition at the destination. The responsibility of safe and sound transportation of material shall be entirely that of contractor. The Railway shall be entitled for recovering the entire loss due to whatsoever reason during transit.

19 The contractor shall be fully responsible for any excessive delay for what so ever reason in movements of trucks from one station to another. In such cases the Railways shall be at liberty to impose penalty of Rs.300/- per truck based on the merit of the case. The decision of Sr MPS/MX in this matter shall be final and binding.

20 The actual number of trucks required shall be intimated at least 22 Hours in advance i.e. by 11.00 hrs. on previous day.

21 Normally the trucks shall not be required on the Sundays and Holidays, however if the need arise the Railway Administration shall be at liberty to order trucks on Sundays and Holidays at the same terms, condition and charges. The Holidays for the purpose of the contract shall mean the Days on which the Press/MX is closed.

21. For late provision of the trucks Rs.50/- per hour shall be deducted

from bills as penalty for delay. Penalty of Rs.500/- per truck shall be imposed for non-provision of truck22. It shall be at the discretion of the Railway Administration to

accept the trucks provided late with above penalty or to reject them. No compensation shall be payable if the trucks are rejected due to late

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arrival. No trucks shall be accepted after 11.00 hrs and the penalty for non-provisions shall be levied.

23. In the event of non-completion of unloading the contractor shall be bound to keep the trucks available for extra hours as may be required by Railway Administration till unloading is complete. In case of over night detention of the truck due to non-completion of delivery overnight detention charges shall be paid at the flat rate of Rs.300/- only.

24. The contractor shall submit the bill for trucks provided during the month in duplicate on or before 7th of the following month. The bills shall be submitted to Sr.MPS/MX and shall be passed and forwarded for payment to Sr AFA(W&S)/PL. who is turn shall arrange payment to the contractor. The records and books SSE/G/MX of Press/MX shall alone be considered as to calculate number of trucks provided such registers and books shall be accepted as conclusive in the above matter.

25.Contractor shall pay to the Municipality, Police and other authorities charges as may be required by law and shall obtain all necessary licenses, permissions required by law for the activity or related to the activity. The contactor shall pay all fees, taxes and charges, as may be required bon account of his own operation in executing the contract.

26 The contractor alone shall be responsible for any or all the losses of material or property of Railway or any third party resulting form/ during transportation or any other activity undertaken by the contractor in execution of the contract for whatsoever reason. The above clause includes loss due to theft/accidents or any other reasons whatsoever during transit. The transit for the purpose of the above clause shall mean the time from start of loading to completing of loading at final destination. The valuation of the material or property shall be based on the Book Rate or the Purchase rates whichever or is higher and the records of Railways shall be treated as conclusive for r the matter. The loss calculated by the Railways based on the above rates shall be binding on the contractor and Railways shall have every right to recover the same from the contractor.

27 The Railway administration shall be at liberty to recover the less sustained by it and also to recover the penalty amount by any or all the means given below in addition to other legal remedies.

(i) On-cashing bank guarantee(ii) Holding the bills for payment received from contractor against

this or any other contract.(iii) To recover from any outstanding payables to contractor to all

other legal remedies available to the Railways.28 The Railway Administration shall be at liberty at any time without assigning any reason to suspend temporarily or terminate permanently this contract on giving 7 days notice in writing to the contractor.

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The contractor shall not be entitled for any compensation for such suspension or termination of contract.

29.The contract shall be valid for twelve months from the date of issue of Acceptance letter.

30 The contractor shall abide to the statutory/legal etc compliance required in Mumbai jurisdiction.

31 The drivers, staff appointed by contractor are not employees of Railways and will not have any right or claim to Railway benefit.

PROFORMA – A

1. Full Name of Contractor / firm and year of establishment

2. Registered Head Office, Address

3. Branch office of India

4. Constitution of Firm giving full Details including names of part Partners/ Executives/Power of Attorney holders etc.

5. Particulars of Registration with

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Government / Semi – Government Organization, Public Sector Undertaking & Local Bodies etc.

Name of Work: Hiring of 01 no. Tempo / Truck with loading and unloading for Western Railway Printing Press, Shakti Mill Lane, Mahalaxmi, Mumbai 400011.

Schdule of Rate & Approximate Quantities (Offer Sheet) :

Group No.

Destination No. of Trips per year

Unit Rate to be quoted by the

firm in figures and in

words. Per trip (In Rs.)

Total yearly Amount for total no. of trips per year at Col. 3

1 Press to MX Stores Depot 160Total 160

2 Press to Grant Road Parcel Depot/Byculla/Mumbai Central

50

3 Press to CCG/CSTM/DDR/DR 504 Press to Kurla/BDTS 40

Total 140Grand Total 300

(End of Document)

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Annexure CBANK GUARANTEE BOND

The President of IndiaActing through Sr Manager(P&S)Western Railway Printing Press, Mahalaxmi, Mumbai 400 011

1.0 In consideration of the PRESIDENT OF INDIA herein after called “the Government”) having agreed to accept from ___________(herein after called “the said contractor(s)”), under the terms and conditions of an Agreement/Accepatance letter No. ________________ dated ____________ made between __________ & _____________ (herein after called “(the said Agreement”) the Performance Guarantee for the due fulfillment by the said contractor(s) of the terms and conditions contained in the said Agreement, on production of Bank Guarantee for Rs ________ (Rupees ____________ only). We ___________ (indicate the name of the Bank herein after referred to as “the Bank”) at the request of Contractor(s) do hereby undertake to pay to the Government an amount not exceeding Rs. ______ against any loss or damage caused to or suffered or would be caused to or suffered by the Government by reason of any breach by the said contractor(s) of any terms or conditions contained in the said Agreement.

2.0 We __________ (indicate the name of the Bank) do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the Government stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Government by reason of breach by the said contractor(s) of any of the terms or conditions contained in the said Agreement or by reasons of the Contractor(s) failure to

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perform the said Agreement . Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However our liability under this guarantee shall be restricted to an amount not exceeding Rs._________ .

3.0 We undertake to pay to the Government any money so demanded not withstanding any dispute or disputes raised by the contractor(s), Supplier(s) in any suit or proceedings pending before any court or Tribunal relating there to our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the contractor(s)/Supplier(s) shall have no _________ against us for making such payment.

4.0 We, _________ (indicate the name of the Bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement, including Maintenance/Warrantee period, and that it shall continue to be enforceable till all the dus of the Government under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged at till __________ (Name of Office/Department) ministry of Railways certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said contractor(s) and accordingly discharged this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the _________ we shall be discharged from all liability under this guarantee thereafter.

5.0 We, __________ (indicate the name of the Bank) further agree with the Government that the Government shall have the fullest liberty without our consent and without affecting in manner OR obligations hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said Contractor(s) from time to time or to postpone for any time to time any of the powers exercisable by the Government against the said Contractor(s) and to forebear or enforce any of the terms and conditions relating to the said Agreement and we shall not be relieved from our liability by reasons of any such variations, or extensions being granted to the said contractor(s) or for any forbearance, act or omission on the part of the Government or any indulgence by the Government to the said contractor(s) or any such matter or thing whatsoever which under the law relating to sureties would but for this provision, have effect of so relieving us.

6.0 This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s)/Supplier(s)

7.0 We __________ (indicate the name of the Bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Government in writing.

Dated on ___________ day of ______________ 20For______________________________________

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___________________(Signature of Executant)

Affix common seal___________________ (Name of executant)

Employee No.________

Instructions for Bank

1. All corrections shall be signed and sealed2. No deviations in above format will be allowed.3. BG should be forwarded directly by Bank with Registered AD to Sr.

MPS, Western Railway Printing Press, Mahalaxmi, Mumbai 400 0114. Franking receipt should be enclosed with the BG. If it is not

available, the same should be mentioned in the covering letter.

WESTERN RAILWAY (PRINTING PRESS/STORES DEPARTMENT) TENDER NOTICE

Advertised Tender Notice No. SrMPS/MX/Hiring of Truck/2015 dated 22.04.2015 for sealed tenders for and on behalf of the President of India is invited by Senior Manager(Printing & Stationery), Western Railway Printing Press, Shakti Mill Lane, Mahalaxmi, Mumbai 400011 for hiring of 01No. 3 MT Tempo/Truck with Loading and Unloading, for Western Railway Printing Press, Mahalaxmi, , Shakti Mill Lane, Mahalaxmi, Mumbai 400011. The details are as under :-

Tender No. SrMPS/MX/Hiring of Truck/2015 dated 22.04.2015, Brief Description of the work: Hiring of 01 No. 3 MT Tempo/Truck with Loading and Unloading, for Western Railway Printing Press, Shakti Mill Lane, Mahalaxmi, Mumbai 400011. Earnest money Rs.9,154/-, Date of Opening 08.06.2015 at 14.30 Hrs., Cost of tender document Rs.1,000/- (by hand) & Rs.1,500/- (by post) & approximate Cost of tender Rs 3,77,500/- inclusive of Taxes.

The details of tender conditions, the tender document and instructions to the tenderer regarding tender documents can be down loaded from the Western Railway’s Internet website at www.wr.indianrailways.gov.in (File Name : MX-HV) and will be available from 24.04.2015.

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Senior Manager(Ptg & Sty) Printing Press, Mahalaxmi.

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