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-1-Northern Railway, Moradabad Division

Tender documents downloaded through Website : www.nr.indianrailways.gov.in

Signature of tenderer

NORTHERN RAILWAY

TENDER NOTICE No. 43(O)/DRM/MB DIVL. RLY. MANAGER DATED: 01/10/2013 OFFICE, MORADABAD

ItemNo.

Name of Work

Approx.cost of thework

Cost oftenderform

Address ofthe officefrom wherethe tenderform canbepurchased

Earnestmoney tobedeposited

Completionperiodof thework

Date &time forsubmission oftender &openingof tender

Websiteparticulars andnotice boardlocation wherecomplete detailsof the tender canbe seen, etc.

1 Provision of rolling in hut rolling inlights for C&W staff of Moradabaddivision in the section of Sr.DEN-I &DEN/HQ Moradabad. Provision ofadditional rooms for C&W staff andstores in sick line at Haridwar &Dehradun and Partition of running roomat Haridwar under ADEN/Roorkee .

1946132/- 2000

EngineeringBranch,

DivisionalRailway

ManagersOffice,

NorthernRailway,Moradabad

38930/- 6 month 19/11/13Website:

www.nr.indianrailways.gov.in

Notice board is

located in theWorks Accounts

(WA) section ofEngineeringBranch,

DivisionalRailway

ManagersOffice, Northern

Railway,Moradabad

2 Cleaning of jungle and removal ofdebris in stations area and coloniesunder ADEN/Najibabad.

614577/- 2000 12300/- 2 month 19/11/13

3 Rebuilding of bridge no. 87 (1x6 feet)span at Km 93/9-10on GJL-MZMsection and bridge no. 3 (1x2 feet) spanon NBD-KTW section underADEN/Najibabad.

1400721/- 2000 28020/- 4 month 19/11/13

4 Improvement to platform surface onplatform no. 1,2&3 by vacumedewatering concrete at Haridwar underADEN/Roorkee.

5165200/- 5000 103304/- 4 month 19/11/13

5 Pre & Post attention work in connectionwith deep screening by BCM andtamping by tamping machine in MBDivision.

19801250/- 5000 249010/- 6 month 19/11/13

Notes:-1. Tender documents should be submitted in sealed cover superscribing the name of work and date of opening. Special conditions,

if any, should be attached (tied with tag/thread properly) with the tender documents only. No loose document, found in thetender box, shall be considered, in any case.

2. Partnership deed, Power of Attorney etc: The tenderer shall clearly specify whether the tender is submitted on his own or onbehalf of a partnership concern. If the tender is submitted on behalf of partnership concern, he should submit along with th etender the certified copy of partnership deed and power of attorney as specified in para 8 of Annexure K-2 of the tenderdocuments. If these documents are not enclosed along with tender documents, the tender will be treated as having beensubmitted by individual signing the tender documents. The partnership deed should invariably be attached with the tenderdocuments while submitting the tender documents. No partnership deed shall be entertained after opening of the tenders.

3. Beside this tender documents are also available at Northern Railway website www.nr.indianrailways.gov.in and the same canbe down loaded from there also. The tender documents downloaded through website must accompany tender documents cost asmentioned above, otherwise the tender shall be summarily rejected. Further particulars regarding tenders/tender documents

can be taken from the office of Divl. Rly. Manager/Engg Branch/Moradabad after depositing the requisite tender cost. Ifrequired by post Rs.500/- extra (non-refundable) through demand draft in favour of Sr. Divl. Finance Manager, NorthernRailway, Moradabad shall be required to be paid. No tender form will be issued on application received after 12.00 hours onthe same day (date of tender opening). The tender opened at 16.15 hours on the same day (date of tender opening). The costof tender documents is non-refundable and tender documents are not transferable.

4. The earnest money and the cost of tender documents can be paid in the form of 1) cash deposit with Divisional Cashier or ChiefBooking Supervisor, Northern Railway/Moradabad or any station of Moradabad Division and money receipt to be attached withtender documents with entry of the same in the tender documents below the tender schedule. 2) Demand draft, deposit receipt,

pay order etc. issued by State Bank/Nationalized banks/Scheduled banks approved by RBI only valid for 90 days or more fromthe date of opening of the tender duly pledged in favour of Sr. Divisional Finance Manager, N.Rly./Moradabad. Tenderdocuments received without earnest money and security deposit, to keep the offer open for a period of 90 days will be

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summarily rejected. The details regarding forms in which earnest money and tender documents cost can be deposit are availablein para 3.2.1 and 2.1.3 of the tender documents.

Following condition no. (i) & (ii) are for item no. 4&5 above only:-

(i) Contractor should have completed at least one similar single work in the last three financial years(i.e. current year and three previous financial years) for a minimum value of 35% of advertisedtender value of work.

(ii) Contractor should have received contract amount of minimum of 150% of advertised tender valueof work during the last three years (i.e. current year & last three previous financial years).Certificate produced by the tenderer(s) to this effect which may be an attested certificate from theemployer/client, audited balance sheet duly certificate by the Chartered Accountant, etc.

Similar nature of work will be considered for item no. 4 above as under:-

Any civil work other than track work.

Similar nature of work will be considered for item no. 5 above as under:-

Any manual or mechanized track work involving CTR/TRR/TSR/Deep screening/Shallowscreening/overhauling/De-strssing/Raising/End cropping of track etc. Pre & Post works for trackmaintenance machines & TTR by T-28.

For Divl. Rly. ManagerN.Rly/Moradabad.

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SCHEDULE OF RATES AND APPROXIMATE QUANTITIESRATES TO BE QUOTED BY THE TENDERER

1. Name of work:- Provision of rolling in hut rolling in lights for C&W staff of Moradabaddivision in the section of Sr.DEN-I & DEN/HQ Moradabad. Provision of additional rooms forC&W staff and stores in sick line at Haridwar & Dehradun and Partition of running room at

Haridwar under ADEN/Roorkee .

Estt. No. 266/2013 (DF-III), 267/2013 (DF-III) & 138/2013 (rev). .

Approx cost:- Rs. 19,46,132/- EM:- 38,930/- D.O.C. Six months

(SH I) Provision of rolling in hut rolling in lights for C&W staff of Moradabad division inthe section of Sr.DEN-I & DEN/HQ Moradabad

ItemNo. Description of items (Part-A, SOR items)

Unit Rates in fig. & words

1 All L& M for all items of Ch. 1 (Earth Work) of SOR/2010 except itemNo. 014060,014120&014130 at par cost Rs. 675/-

%age above/below/at par

2 All L& M for all items of Ch. 3 (Plain Concrete) of SOR/2010 exceptitem No. 033070,033080,033090,033110,033130 at par cost Rs.104240/-

Do

3 All L& M for all items of Ch. 5 (Brick Work) of SOR/2010 except itemNo. 055100 to 055120, 056010 to 056030, 057170 par cost Rs. 34377/-

Do

4 All L& M for all items of Ch. 8 (Steel & Aluminum Work) ofSOR/2010 at par cost Rs. 379600/-

Do

5 All L& M for all items of Ch. 9 (Flooring, Paving and Dado) ofSOR/2010 except item No.096011,099030,099040,099160,099170,099180 at par cost Rs. 46285/-

Do

6 All L& M for all items of Ch. 10 (Roof & Ceiling) of SOR/2010 exceptitem No. 105010,105020,105110 to105150,106080,106090,106160,107010 to 107130,109010 to

109020,109030,109160,109310 par cost Rs. 140967/-

Do

7 All L& M for all items of Ch. 11 (Finishing Masonry) of SOR/2010 atpar cost Rs. 464/-

Do

8 All L& M for all items of Ch. 12 (Painting, Polishing and Vanishing) ofSOR/2010 at par cost Rs. 20405/-

Do

( SH II) Provision of additional rooms for C&W staff and stores in sick line at Haridwar &

Dehradun under ADEN/Roorkee.

Item

No. Description of items (Part-B, SOR items)


1 All L& M for all items of Ch. 1 (Earth Work) of SOR/2010 except itemNo. 014060,014120&014130 at par cost Rs. 33153/-


2 All L& M for all items of Ch. 3 (Plain Concrete) of SOR/2010 exceptitem No. 033070,033080,033090,033110,033130 at par cost Rs.211625/-

Do

3 All L& M for all items of Ch. 4 (RCC) of SOR/2010 except item No.045020,045021,045022,045030,047010,047053,047054 at par costRs. 329078/-

Do

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4 All L& M for all items of Ch. 5 (Brick Work) of SOR/2010 except itemNo. 055100 to 055120, 056010 to 056030, 057170 par cost Rs. 233646/-

Do

5 All L& M for all items of Ch. 8 (Steel & Aluminum Work) ofSOR/2010 at par cost Rs. 53065/-

Do

6 All L& M for all items of Ch. 9 (Flooring, Paving and Dado) ofSOR/2010 except item No.096011,099030,099040,099160,099170,099180 at par cost Rs. 51522/-

Do

7 All L& M for all items of Ch. 10 (Roof & Ceiling) of SOR/2010 exceptitem No. 105010,105020,105110 to105150,106080,106090,106160,107010 to 107130,109010 to109020,109030,109160,109310 par cost Rs. 7287/-

Do

8 All L& M for all items of Ch. 11 (Finishing Masonry) of SOR/2010 atpar cost Rs. 47703/-

Do

9 All L& M for all items of Ch. 12 (Painting, Polishing and Vanishing) ofSOR/2010 at par cost Rs. 3265/-

Do

10 All L& M for all items of Ch. 13 (Water Supply) of SOR/2010 at parcost Rs. 9834/-

Do

11 All L& M for all items of Ch. 15 (Sanitary Installations) of SOR/2010except item No. 151300 at par cost Rs. 9394/-

Do

( SH III) Partition of running room at Haridwar under ADEN/Roorkee.

ItemNo. Description of items (Part-C, SOR items)


1 All work included in item no. 082010, 082011 & 082022 ofCh. 8 (Steel& Aluminum Work) of SOR/2010 at par cost Rs. 108298/-


2 All work included in item no. 095026 ofCh. 9 (Flooring, Paving andDado) of SOR/2010 at par cost Rs. 79294/-

Do

3 All work included in item no. 252030 ofCh. 25 (Supply of Materials)of SOR/2010 at par cost Rs. 5980/-

Do

NOTE:1. For each SOR Chapter the contractor is to quote the rates in %age above/below/at par both in

words and in figures in the box provided against each item separately.2. In case there is a difference in value written in words and figures, the value written in words

will be considered.3. The rates will be inclusive of octroi, sales tax, excise duty and any other tax levied/ livable by

Central/State Govt. Nothing extra will be payable beyond quoted rates.4. The contract will be governed by Northern Railway Engineering Department General

Condition of Contract,1999 and instructions of tenders including slips issued upto date ofopening.

5. Tender will be considered invalid if any page left unsigned or found missing.

6. The quantities given above are approximate and can be increased/decreased to extent of 25%

as per the requirement of Railway Administration.

Signature of the tenderer(s)Address with Pincode & Ph No.

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TENDER FORM (FIRST SHEET)

The President of India,Acting Through Sr. Divl. Engineer,Northern Railway, Moradabad

1. I/We ____________________________________________________ have read the various conditions

to tender attached here to and hereby agree to abide by the said conditions. I/We also agree to keepthis tender open for acceptance for a period of 90 days from the date fixed for opening the same and indefault thereof I/We will be liable for forfeiture of My/Our Earnest Money. I/We offer to do the work___________________________________________________________________________________________________________________________________________________________________________________________________________________________________ for Northern Railwayat the rates quoted in the attached schedule and hereby bind myself / ourselves to complete the work inall respects within (_______ months) from the date of issue of letter of acceptance of tender.

2. I/We also hereby agree to abide by the General Condition of Contract-1999 corrected up to date anto carry out the work according to the Special Conditions of Contract and specifications for material anworks as laid down by the Railway in the annexed Special Conditions/specifications and the India

Railway Works Manual/Indian Railway P.Way Manual/Indian Railway Bridge manual corrected up tdate, Schedule of Rates corrected up to date for the present contract, etc.

3. A sum of Rs.______/- (Rs. ______________ only) as indicated in Tender Notice is herewitforwarded as Earnest Money. The full value of the Earnest Money shall stand forfeited withouprejudice to any other rights or remedies in case my/our tender is accepted and if: -I/We do not execute the contract documents within Fifteen days after receipt of the acceptance lette

issued by the Railway that such documents are ready; andI/We do not commence the work within Fifteen days after receipt of orders to that effect.I/We resile from my/our offer or modify the terms and conditions there of in a manner not acceptable t

Northern Railway during a period of 90 days from date of the opening of the tender.I/We do not submit a Performance Guarantee in the form as prescribed in para 5.3 of Special Tende

Conditions & Instructions to Tender/s amounting to 5% (Five percent) of Contract Value as per thproforma as prescribed by the Railways, before signing of agreement, which should be normalabout 15 days.

4. The amount of Earnest Money in the form of cash lodged with Chief Cashier, Northern RailwayMoradabad vide Cash Receipt No. _______ Dated _______ or deposited in the form of PaOrder, Deposit Receipts, Demand Drafts is attached. I/We have clearly noted that the Earnest Monewill be acceptable in the above forms only.

5. Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a bindincontract between us subject to modification, as may be mutually agreed to between us and indicated ithe letter of acceptance of my/our offer for this work.

Signatures of the Tenderer/Address of the Tenderer/Dated:

Signature of witnesses:1. __________________________

__________________________2. _______________________

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ENGINEERING DEPARTMENTSPECIAL TENDER CONDITIONS AND INSTRUCTIONS TO TENDERER/S

1.0 DETAILS OF WORK:1.1 Tenders are invited for the work AS ON TOP SHEET.2.0 TENDER DOCUMENTS

2.1 SUBMISSION OF TENDERS.2.1.1 The tender documents consist of (a) Tender Notice, (b) Tender form (First sheet) (c) Special Tende

Conditions and Instructions to tenderer/s (d) Special Conditions relating to site data and specification(e) Schedule of Items, Rates, and Quantities. These must be submitted as directed in the covering notfailing which the tender is liable to be rejected.

2.1.2 Tender documents can be had from the office of Senior Divisional Engineer, Northern RailwaMoradabad-244001 on any working day between 10.00 hrs to 15.00 hrs after publication of tendenotice in newspaper by depositing the requisite tender cost. If required by post Rs.500/- extra (norefundable) through demand draft in favour of Sr. Divl. Finance Manager, Northern Railway, Moradabashall be required to be paid. No tender form will be issued on application received after 12.00 hours othe same day (date of tender opening). The cost of tender documents is non-refundable and tende

documents are not transferable.2.1.3 Tender Documents through Internet:(a) Tender documents are available on Northern Railway web site i.e. www.nr.indianrailways.gov.i

and the same can be downloaded and used as tender document for submitting the offer. This faciliis available free of cost. However the cost of tender documents as indicated above in para 2.1.2 whave to be deposited by the tenderer in the form of cash receipt/bank draft payable in favour ofSDivl. Finance Manager, Northern Railway, Moradabad along with the tender document. Thshould be paid separately & not included in the Earnest Money. In case, tender is not accompaniewith the cost of the tender documents as detailed above, tender will be summarily rejected.

(b) Tenderer/s are free to down load tender at their own risk & cost, for the purpose of perusal as well afor using the same as tender document for submitting their offer. Master copy of tender documenwill be available in the office of Sr. Divisional Engineer/Divisional Engineer, DRM Office, MoradabaAfter award of work, an agreement shall be drawn up. The agreement shall be prepared based oMaster copy and not based on the tender document submitted by tenderer. In case of discrepancbetween tender documents down loaded from internet and master copy, later shall prevail and wbe binding on tenderer/s. No claim on this account will be entertained.

2.1.4 These tender documents must be submitted duly completed in all respects, in a sealed covesuperscripted as tender form for the work As on top sheet" and should be deposited in the Tender Boin the office of the Senior Divisional Engineer, Northern Railway, ________________ _____ in thoffice of DRM, Northern Railway, , Moradabad on or before up to 16.00 hrs. on __________. Thtenders will be opened immediately soon thereafter and rates read out in the presence of suctenderer/s as is/are present. Tenders, which are received after the time and date specified above, manot be considered. In case the intended date for opening of tenders is declared holiday, the tenders w

be opened on the next working day at the same time. Special conditions, if any, should be attache(tied with tag/thread properly) with the tender documents only. No loose document, found in the tendebox, shall be considered, in any case.

2.1.5 Tenders sealed and superscripted as aforesaid can also be sent by registered post addressed to thSenior Divl. Engineer or DRM/Engg. Northern Railway, Moradabads office on or before up t16.00 hrs. on _________ but a tender which is received after the time and date specified in Claus2.1.4 above may not be considered. Any tender delivered or sent otherwise will be at the risk of thtenderer/s.

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2.2 COMPLETION OF TENDER DOCUMENTS:The tenderer/s shall quote one uniform percentage rate/s, in figures as well as in words, for all labouand materials forindividual chapter/Group of items of SOR of Group A schedule items and sing%age rates above or below or At Par the estimated cost of all N.S. items grouped together iGroup B and C in the attached Schedule of Rates and Quantities. Every possible fluctuation, in thrate of labour, material and general commodities and other possibilities of each and every kind whic

may effect the rates should be considered and kept in view before quoting the rates and no claim on thaccount shall be entertained by the Railway under any circumstances except the price escalatiopayable as per price variation clause, if any, provided separately in the tender documents.

2.2.1 The rate/s should be quoted in figures as well as in words. If there is variation between the ratequoted in figures and in words, the rate quoted in `words' shall be taken as correct. If more than one oimproper rates are tendered for the same item, the tender is liable to be rejected.

2.2.2 In case of single percentage tenders if the tenderer/s quote/s multiple rates, the offer will be treated aincomplete and shall be summarily rejected.

2.2.3 Each page of the tender papers is to be signed and dated by the tenderer/s or such person/s on his/thebehalf who is/are legally authorized to sign for him/them.

2.2.4 Tenders containing erasures and alterations of the tender documents are liable to be rejected. An

corrections made by the tenderer/s in his/their entries should be in INK and must be attested bhim/them under full signature and date.2.2.5 Additional conditions or stipulations if any must be made by the tenderer/s in a covering letter with the

tender. The Railway reserves the right not to consider conditional tenders and reject the same withouassigning any reason. Only those additional conditions, which are explicitly accepted by the Railwayshall form part of the contract. Tender documents should be submitted in sealed cover superscribingthe name of work and date of opening. Special conditions, if any, should be attached (tied withtag/thread properly) with the tender documents only. No loose document, found in the tender box, shalbe considered, in any case.

2.2.6 Partnership deed, Power of Attorney etc: The tenderer shall clearly specify whether the tender issubmitted on his own or on behalf of a partnership concern. If the tender is submitted on behalf ofpartnership concern, he should submit along with the tender the certified copy of partnership deed andpower of attorney as specified in para 8 of Annexure K-2 of the tender documents. If these documentsare not enclosed along with tender documents, the tender will be treated as having been submitted byindividual signing the tender documents. The Railway will not be bound by any power of attorneygranted by the tenderer or by changes in the composition of the firm made subsequent to the executionof the contract. Para 5 of annexure K-2 specifies the action to be taken in such matters. The cost osuch action, including legal advice will be chargeable to the contractor.

2.3 CREDENTIALS TO BE SUBMITTED ALONGWITH TENDER/S:2.3.1 Tenderer/s should enclose documents and certificates to show that he/they has/have satisfactori

carried out works of the type involved in the construction of the work being tendered for. He/Theshould also produce proof to the satisfaction of the Railway of his/their technical ability and financistability to undertake the work of the magnitude tendered for.

2.3.2. No work or supply shall ordinarily be entrusted for execution to a contractor whose capacity and financistatus has not been investigated and found satisfactory.

2.3.3 The tenderer/s shall submit the following documents along with his/their tendera. A list of personnel, organization available on hand and proposed to be engaged for the subje

work.b. List of plant and machinery available on hand (own) and proposed to be inducted (own & hire

to be given separately) for the subject work.

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c. List of works completed in the last three financial years giving Description of work, Organizatiofor whom executed, Approximate value of the contract at the time of award, Date of award anDate of actual start, Actual completion and Final value of contract should be given.

d. List of works on hand indicating description of work, contract value, and approximate value obalance work yet to be done and date of award.

Note: (i) In case of items (c) and (d) above, supportive documents / certificates from the organization

with whom they worked/are working should be enclosed.(ii) Certificates from the private individuals for whom such works have been executed/bein

executed shall not be accepted.2.3.4 CREDENTIALS TO BE SUBMITTED BY TENDERER/S IN ADDITION TO THAT DETAILED IN PAR

2.3 ABOVE ALONGWITH TENDER DOCUMENTS (APPLICABLE ONLY FOR WORKS COSTINMORE THAN Rs.50.0 LACS)In case of open tenders costing above Rs. 50 lakh, the tenderer/s will be required to meet thfollowing minimum eligibility criteria:-(a) As a proof of technical experience/competence, the tenderer should have physically complete

successfully at least one similar single work for a minimum value of 35% of advertised tendevalue, inclusive of the cost of cement and steel, in last three financial years (i.e. Current year an

three previous years) up to the date of opening of the tender.(b) As a proof of sufficient financial capacity and organizational resources, tenderer/s should havreceived the total payments against satisfactory execution of all completed/ongoing works of atypes (not confined to only similar works) during the last three financial years and in thcurrent financial year (upto the date of opening of the tender) of a value not less than 150% of thadvertised cost of work including the cost of cement and steel.

(c) The tender committee shall examine the overall financial soundness of the tenderers based upovolume of work handled turnover, balance sheets etc for all works of tender values costing morthan Rs.1.00 Crore.

The Similar nature of work is defined in tender notice/tender schedule.(a) When work has been physically completed and final bill is yet to be passed, the value of the work fo

judging the eligibility criteria, will be considered as under:-Cases where measurements have not been recorded or final measurements have been recordewith negative variation, the value of the work will be taken as amount paid including statutordeductions.Cases where measurements have been recorded and the work has been completed with positivvariation but variations have not been sanctioned, the value of the work will be taken as originacontractual value.

(b) In case of composite works involving combination of different works, even separate completeworks of required value should be considered while evaluating the eligibility criteria. For example, a tender for bridge works where similar nature of work has been defined as bridge works with pifoundation and PSC superstructure, a tenderer, who had completed one bridge work with pilfoundation of value at least equal to 35% of tender value and also had completed one bridge wor

with PSC superstructure of value at least equal to 35% of tender value, will be considered as havinfulfilled the eligibility criterion of having completed single similar nature of work.

For judging the technical eligibility and financial capability only those works which had been executed fothe Govt. or Semi Govt. organizations shall be considered and the tenderer will submit the certificate tthis effect from the officer concerned duly signed under the official seal. It should be noted thacredentials for the works executed for Private Organizations shall not be considered.The tenderer/s/contractor shall submit a statement of contractual payment received during the last threfinancial years and current year on the prescribed proforma as detailed at Annexure-I. The detai

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shall be based on the certificate issued by the employer and or form 16-A issued by employer i.ethe certificate of deduction of tax at a source under Section 203 of the Income Tax Act, 1961. Thphotocopies of the certificate of payments and or form 16A shall be enclosed duly attested by Notarpublic with seal and Notaries stamps thereon.(i) If a tenderer has completed a work of similar nature where cement and steel was issued b

department free of cost, tenderer must submit the completion certificate indicating cost of thes

materials and total cost of work (including cost of cement/steel) shall be considered to decideligibility or otherwise-

(ii) Contractor has to satisfy the eligibility criteria for technical capability and competence as well as fofinancial capacity and organizational resources.

2.4 CONSTITUTION OF THE FIRM:2.4.1 The tenderer/s who are constituents of firm, company, association or society must forward atteste

copies of the constitution of their concern, partnership deed and power of attorney with their tendeTender documents in such cases are to be signed by such persons (as may be legally competent tsign them on behalf of the firm, company, association or society as the case may be). Cooperative societies must likewise submit an attested copy of their certificate of registration along with thdocuments as above mentioned. The Railway will not be bound by any power of attorney granted b

the tenderer/s or by changes in the composition of the firm made subsequent to the award of thcontract. Para 5 of annexure K-2 specifies the action to be taken in such matters. The cost of sucaction, including legal advice will be chargeable to the contractor.(a) JVs/Consortiums/MOUs will be considered in accordance with Tender Notice/approve

tender conditions. (Annexure K, & K1 of tender document).(b) If the tenderer is a Partnership Firm, the conditions and the technical and financial eligibilit

criteria will be applicable as per guidelines given in Annexure K-2.2.4.2 (a) If the tenderer expires after the submission of his tender or after the acceptance of his tende

the railway shall deem such tender/contract as cancelled. In a partnership firm, if a partner of firmexpires after the submission of their tender the Railway shall deem such tender as cancelled unless thfirm retain its character.(b) If the contractors firm is dissolved on account of death, retirement of any partners or for anreason whatsoever, before fully completing the whole work or any part of it, undertaken by the principaagreement the surviving partners shall remain jointly/severally and personally liable to complete thwhole work to the satisfaction of the Railway and to pay compensation for losses sustained, if any by thRailway due to such dissolution. The amount of such compensation shall be decided by Divl. RailwaManager or any other competent person on behalf of the Railway and his decision in the matter shall bfinal and binding on the contractor.(c) The cancellation of any document such as power of attorney, partnership deed etc., shaforthwith be communicated to the Railway in writing, failing which the Railway shall have nresponsibility or liability for any action taken on the strength of the said documents.(d) The value of contract and the quantities given in the attached schedule of items, rates anquantities are approximate and are given only as a guide. These are subject to variations/additions an

or omission. The quantum of work to be actually carried out shall not form the bases of any disputregarding the rates to be paid and shall not give rise to claim for compensation on account of anincrease or decrease either in the quantity or in the contract value.

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

Works Contract will be made for sums paid for carrying out the work under this contract. In case osupply contract for ballast, deduction of 2% (Two Percent) Income tax will be made for the sums paid folabour portion only (i.e., loading, unloading, stacking, measurement and laying etc.)

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3.0 EARNEST MONEY:3.1 The tender must be accompanied by a sum of Rs.______/- (Rs. ______ _______ only) based on % ag

(shown in Table below) ofthe Advertised tender cost as indicated in Tender Notice as Earnest Monein the manner prescribed in Clause 3.2 failing which the tender shall be summarily rejected. Thearnest money shall be rounded to the nearest Rs.10.

Value of the work (TenderValue)

EMD

For works estimated to costupto Rs. 1 crore

2 % of the estimated cost of the work.

For works estimated to costmore than Rs. 1 crore

Rs. 2 lakhs plus % (half percent) of the excess of estimated cost ofwork beyond Rs.1 crore subject to a maximum of Rs.1 crore.

Labour co-operative is required to deposit only 50% of the earnest money as referred to iclause 3.1 above.The tenderer/s shall keep the offer open for a period of 90 days from the date of opening of thetender in which period tenderer/s cannot withdraw his/their offer subject to period being extendedfurther, if required, by mutual agreement from time to time.

It is understood that the tender documents have been sold/issued to the tenderer/s & tenderer/sis/are being permitted to participate in the tender in consideration of stipulation on his/their part thatafter submitting his/their offer he/they will not resile from his/their offer or modify the terms andconditions thereof in a manner not acceptable to Northern Railway should the tenderer/s fail toobserve to comply with the foregoing stipulation or fail to undertake the contract after acceptance ofhis/their tender the entire amount deposited as earnest money for the due performance of thestipulation and to keep the offer open for the specified period, shall be forfeited to the Railway.If the tender is accepted, the amount of earnest money will be held as initial security deposit for dueand faithful fulfilment of the contract. The earnest money of unsuccessful tenderer/s will, save asherein before provided, be returned within a reasonable time, but Railway shall not be responsible forany loss or depreciation that happen to the earnest money while in Railway possession nor will it be

liable to pay interest thereon.3.2 The Earnest Money of the requisite amount referred to in Clause 3.1 above is required to bedeposited either in cash with the Chief Cashier, Northern Railway, Moradabad on any working daybefore 14.00 Hrs. or in any of the following form: -(i) The Earnest Money should be in cash or in the form of deposit receipts, pay orders or

demand drafts executed by State Bank of India or any of the Nationalized Banks or by aScheduled Bank.

(ii) These must have an endorsement from the authority issuing such DR/Pay Order /DD thatreceived from M/s/Shri .& pledged in favour of Sr.DFM, Northern Railway,Moradabad.

(iii) Exemption of Earnest Money & Security Deposit:Public Sector Undertakings wholly owned by Railways like RITES, IRCON, KonkanRailway Corporation Limited, CRIS, Rail-Tel Corporation etc. are exempted fromdepositing Earnest Money & Security Deposit.

The official cash receipts having a mention of the firm/individual who has deposited the cash or theDeposit Receipt, Pay Order or Demand Draft as mentioned above, as the case may be, is to beattached with the tender, failing which, tender will be rejected.

3.2.1 Earnest Money may be accepted in the following forms:(i) A deposit of cash,(ii) Government Securities including State Loan Bonds at 5 percent below the market value,

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(iii) Deposit Receipts, Pay Orders, Demand Drafts either of the State Bank of India or of any of theNationalized Banks,

(iv) Deposits Receipts tendered by all Scheduled Banks,(v) A Deposit in the Post Office Saving Bank,(vi) A Deposit in the National Savings Certificates,(vii) Twelve years National Defence Certificates,

(viii) Ten years Defence Deposits,(ix) National Defence Bonds,NOTE:-i. Tenders submitted with Earnest Money in any form other than those specified above

shall not be considered.ii. Any request for recovery from outstanding bills for earnest money against present

tender will not, under any circumstances, be entertained.iii. No interest will be payable upon the Earnest Money and Security Deposit or amounts

payable to the contractor under the Contract.4.0 ACCEPTANCE OF TENDER:4.1 If the tenderer/s deliberately give/s a wrong information/whose credentials/documents in his/their

tender and thereby creates/create circumstances for the acceptance of his/ their tender, Railwayreserves the right to reject such tender at any stage, besides, shall suspend the business for oneyear.

4.2 The authority for acceptance of the tenders rests with C.E/DRM/ADRM/Sr.DEN, Northern Railway asthe case may be, who does not undertake to assign reasons for declining to consider anyparticular tender or tenders. He also reserves the right to accept the tender in whole or in part orto divide the tender amongst more than one tenderer if deemed necessary.

4.3 The successful tenderer/s shall be required to execute an agreement with the President of Indiaacting through the C.E/DRM/ADRM/ Sr.DEN for carrying out of the work as per agreed conditions.The cost of stamp, if any, for the agreement will be borne by the Northern Railway.

4.4 The contractors operations and proceedings in connection with the works shall at all times beconducted during the continuance of contract in accordance with the laws, ordinance, rules andregulations for the time being in force and the contractor shall further observe and comply with thebye-laws and regulations of the Government of India, State Govt. and of Municipal & other authoritieshaving jurisdiction in connection with the works or site and operations such as these are carried outby the contractor/s and shall give all notice required by such bye-laws and regulations. The Hospitaland medical regulations in force for the time being shall also be complied with by the contractor/s andhis workmen.

4.5 The contractor shall be responsible for the observance of the rules and regulations under the minesact and mineral rules and Indian Metallurgical rules and regulations of State/Central Govt. concernedas amended from time to time.

4.6 Contractor shall at all times keep the railway administration indemnified against all penalties that maybe imposed by the Govt. of India or State Govt. for infringements or any of the clauses of the mines

act and rules made there under in respect of quarries from which the ballast for these works isprocured. The tenderer/s shall not increase his/their rate in case the Railway Administrationnegotiates for reduction of rates. Such negotiations shall not amount to cancellation or withdrawal ofthe original offer and rates originally quoted will be binding on the tenderer/s.The tenderer/s shall submit an analysis of rates if called upon to do so.Non-compliance with any of the conditions set forth herein is liable to result in the tender beingrejected.

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4.7 Variation in quantity:4.7.1 The procedure detailed below shall be adopted for dealing with variations in quantities during

execution of works contracts:-1. Individual NS items in contracts shall be operated with variation of plus or minus 25% and

payment would be made as per the agreement rate. For this, no finance concurrence would berequired.

2. 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 agreement quantity subject to the following conditions:

(a) Operation of an item by more than 125% of the agreement quantity needs the approval of anofficer of the rank not less than SA Grade;(i) Quantities operated in excess of 125% but upto 140% of the agreement quantity of the

concerned item, shall be paid at 98% of the rate awarded for that item in that particulartender;

(ii) Quantities operated in excess of 140% but upto 150% of the agreement quantity of theconcerned item shall be paid at 96% of the rate awarded for that item in that particular

tender;(iii) Variation in quantities of individual items beyond 150% will be prohibited and would bepermitted only in exceptional unavoidable circumstances with the concurrence of associatefinance and shall be paid at 96% of the rate awarded for that item in that particular tender.

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

(c) Execution of the quantities beyond 150% of the overall agreemental value should not bepermitted and, if found necessary, should be only through fresh tenders or by negotiating withexisting contractor, with prior personal concurrence of FA&CAO/FA&CAO(C) and approval ofGeneral Manager.

3. In cases where decrease is involved during execution of contract:(a) The contract signing authority can decrease the items upto 25% of individual item without finance

concurrence.(b) For decrease beyond 25% for individual items or 25% of contract agreement value, the approval

of an officer not less than rank of S.A. Grade may be taken, after obtaining No Claim Certificatefrom the contractor and with finance concurrence, giving detailed reasons for each suchdecrease in the quantities.

(c) It should be certified that the work proposed to be reduced will not be required in the same work.4. The limit for varying quantities for minor value items shall be 100% (as against 25% prescribed for

other items). A minor value item for this purpose is defined as an item whose original agreementvalue is less than 1% of the total original agreement value.

5. No such quantity variation limit shall apply for foundation items.6. As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as

a whole and not on individual SOR items. However, in case of NS items, the limit of 25% wouldapply on the individual items irrespective of the manner of quoting the rate (single percentage rateor individual item rate).

7. 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.

8. For tenders accepted by General Manager, variations upto 125% of the original agreement valuemay be accepted by General Manager.

9. For tenders accepted by Board Members and Railway Minister, variations upto 110% of theoriginal agreement value may be accepted by General Manager.

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10. 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.

5.0 SECURITY DEPOSIT ON ACCEPTANCE OF TENDER:5.1 The security deposit/rate of recovery/mode of recovery on acceptance of tender shall be as under:-

a) The security deposit for each work will be 5% of the contract value,

b) The rate of recovery will be at the rate of 10% of the bill amount till the full securitydeposit is recovered,

c) Security deposit will be recovered only from the running bills of the contract and no othermode of collecting security deposit such as security deposit in the form of instrumentslike BG, FD etc. shall be accepted towards security deposit.

The total security deposit recoverable from a contractor including the amount of earnest moneydeposited with the tender as given in Clause above will not exceed the security amount recoverableat the rates mentioned above.The security deposit unless forfeited in whole or in part according to the terms and conditions shall bereturned to the contractor after expiry of the maintenance period and after passing the final bill basedon no claim certificate as certified by the competent authority. The competent authority shall normally

be the authority who is competent to sign this contract. If the competent authority is of the rank lowerthan 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 allthe contractual obligations have been fulfilled by the contractors and that there is no due from thecontractor to Railways against the contract concerned. Before releasing the SD, an unconditional andunequivocal no claim certificate from the contractor concerned should be obtained.

5.2 (a) After the work is physically completed, Security deposit recovered from the running bills of acontractor can be returned to him if he so desires, in lieu of FDR/irrevocable Bank Guarantee forequivalent amount to be submitted by him.(b) In case of contracts of value Rs. 50 crore and above, irrevocable Bank Guarantee can also beaccepted as a mode of obtaining security deposit.

5.3 Performance Guarantee:-The procedure for obtaining Performance Guarantee outlined below: -The successful bidder shall have to submit a Performance Guarantee (PG) within 30 (thirty) daysfrom the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PGbeyond 30 (thirty) days and upto 60 days from the date of issue of LOA may be given by theAuthority who is competent to sign the contract agreement. However, a penal interest of 15% perannum shall be charged for the delay beyond 30 (thirty) days, i.e. from 31st day after the date of issueof LOA. In case the contractor fails to submit the requisite PG even after 60 days from the date ofissue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any payableagainst that contract. The failed contractor shall be debarred from participating in re-tender for thatwork.

5.4 The successful bidder shall submit the Performance Guarantee (PG) in any of the following formsamounting to 5% of the contract value:

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(i) A deposit of cash,(ii) Irrevocable Bank Guarantee,(iii) Government Securities including State Loan Bonds at 5% below the market value,(iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of

Performance Guarantee could be either of the State Bank of India or of any of the NationalizedBanks,

(v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks,(vi) A Deposit in the Post Office Saving Bank,(vii) A Deposit in the National Savings Certificates,(viii) Twelve years National Defence Certificates,(ix) Ten years Defence Deposits,(x) National Defence Bonds, and(xi) Unit Trust Certificates at 5% below market value or at the face value whichever is less.(xii) Also, FDR in favour of Sr. DFM/NR/MB (free from any encumbrance) may be accepted.

Note: The instruments as listed above will also be acceptable for Guarantees in case of MobilizationAdvance.

A Performance Guarantee shall be submitted by the successful bidder after the Letter of

Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G. shall 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 P.G. extended to cover suchextended time for completion of work plus 60 days.The value of PG to be submitted by the contractor will not change for variation upto 25% (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 to 5%(five percent) for the excess value over the original contract value shall be deposited by thecontractor.The Performance Guarantee (PG) shall be released after the physical completion of the work basedon the Completion Certificate issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily. The Security Deposit shall, however, be released

only after the expiry of the maintenance period and after passing the final bill based on No ClaimCertificate.Wherever 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 andcost of the failed contractor. The failed contractor shall be debarred from participating in the tenderfor executing the balance work. If the failed contractor is a JV or a partnership firm, then everymember/partner of such a firm shall be debarred from participating in the tender for the balance workeither in his/her individual capacity or as a partner of any other JV/partnership firm.The Engineer shall not make a claim under the Performance Guarantee except for amounts to whichthe President of India is entitled under the contract (not withstanding and/or without prejudice to anyother provisions in the contract agreement) in the event of:

(i) Failure by the contractor to extend the validity of the Performance Guarantee as describedherein above, in which event the Engineer may claim the full amount of the PerformanceGuarantee.

(ii) Failure by the contractor to pay President of India any amount due, either as agreed by thecontractor or determined under any of the Clauses/Conditions of the Agreement, within 30days of the services of notice to this effect by Engineer.

(iii) The contract being determined or rescinded under provision of the GCC the PerformanceGuarantee shall be forfeited in full and shall be absolutely at the disposal of the President ofIndia.

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6.0 CONDITIONS OF CONTRACT AND SPECIFICATIONS:6.1 Except where specifically stated otherwise in the tender documents the work is to be carried out in

accordance with (i) Northern Railway General Conditions of Contract Regulations and Instructions fortenderer/s and standard form of Contract 1999 (ii) Northern Railway Standard Schedule of Rates1996 and (iii) Northern Railway Standard Specifications for Material and Works 1987 with up to datecorrection slips. Copies of all these publications can be obtained from the office of Chief Engineer,

Northern Railway, Baroda House, Moradabad on payment as under: -i) General Conditions of Contract and regulations and instructions to tenderer/s

standard form of contract 1999Rs.100/-

ii) Northern Railway Standard Specifications for Material and Works 1987 Rs.70/-iii) Northern Railway Standard Schedule of Rates 1996 Rs.200/-

Demand for these publications from out station will be considered only if a sum of Rs.50/- towardspostal charges is also sent with the cost of the books by money order.

6.2 The tender documents referred to in clause 2.1.1 above will govern the works done under this contractin addition to documents referred to in clause 6.1 above. Where there is any conflict between specialtender conditions regarding instructions to tenderer/s, special conditions relating to site dataand specifications and the stipulations contained in the schedule of rates and quantities on the one

hand and the Northern Railway Standard Specifications for Materials and Works 1987 theGeneral Conditions of Contract, 1999 etc. and the Standard Schedule of Rates of 1996 on theother hand the former shall prevail.

7.0 STUDY OF DRAWINGS AND LOCAL CONDITIONS:7.1 The drawings for the works can be seen in the office of the Sr. Divisional Engineer/Northern Railway,

Moradabad. It should be noted by tenderer/s that these drawings are meant for general guidance onlyand the Railway may suitably modify them during the execution of the work according to thecircumstances without making the Railways liable for any claims on account of such changes.

7.2 The tenderer/s is/are advised to visit the site of work and investigate actual conditions regardingnature and conditions of soil, difficulties involved due to inadequate stacking space, due to built uparea around the site, availability of materials water and labour probable sites for labour camps, stores,

godowns, etc. They should also satisfy themselves as to the sources of supply and adequacy for theirrespective purpose of different materials referred in the specifications and indicated in the drawings.The extent of lead and lift involved in the execution of works and any difficulties involved in theexecution of work should also be examined before formulating the rates for complete items of workdescribed in the schedule.

7.3 Fencing at work site:Contractor(s) while executing the work of gauge conversion/doubling, yard remodelling etc. shallprovide suitable fencing/barricading to protect/segregate the existing Railway line from any damageand un-toward incident, as per the directions or plan approved by Engineer-in-charge. The paymentof barricading/fencing shall be paid under the relevant N.S. item as given in the Schedule. No workwill be started till the fencing/barricading is provided and clearance in writing is issued by theEngineer-in-charge.

Suitable gates/barriers should be installed across the new embankment, preferably adjoining themanned/unmanned level crossings. The entry for the vehicles should be regulated by an authorizedrepresentative of the Engineer-in-charge during the working hours.

7.4 Safety Gear:During execution of the work, contractors shall ensure that all safety precautions are taken by theirmen to protect themselves and site to prevent any untoward incident. In this regard contractor willensure that adequate number of safety helmets, safety belts, safety jackets with reflective arm band,rope; ladders emergency light etc. are available at site before the work is actually started. The above

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list is only indicative and is not exhaustive and safety item will be arranged as per the requirement.Railway reserve the right to stop the work in the absence of proper safety gear and no claim shall beentertained in this regard. Decision of the Engineer-in-charge will be final and binding upon thecontractor. The cost of all the safety gear is deemed to have been included in the rates quoted andnothing extra is payable under this contract.

8.0 PERIOD OF COMPLETION:

8.1 The entire work is required to be completed in all respects within period as mentioned in tender noticefrom the date of issue of the acceptance letter/telegram. Time is the essence of contract. Thecontractor/s will be required to maintain speedy and required progress to the satisfactions of theEngineer to ensure that the work will be completed in all respects within the stipulated period failingwhich action may be taken by the Railway Administration in terms of Clause 17 and/or Clause 62 ofthe General Conditions of Contract 1999.

8.2 The contractor/s shall arrange to execute the different items of works in close consultation with andas per directions of the Engineer so that other works being executed in the same area eitherdepartmentally or through another agency such as steel erection, P. Way earthwork in formation, etc.are also progressed concurrently. It may be noted, however, that any delay in the execution ofdepartmental works, for whatsoever reason shall not be accepted as an excuse for non-performance

of the contract.8.3 The contractor/s will be required to give Sr. Divisional Engineer a monthly progress report of the workdone during the month on 4th of the following month. He will also give to the Sr. DivisionalEngineer the programme of work to be done in coming month by 25th of the preceding month. Theprogramme will be subject to alteration or modifications at the direction of the ChiefEngineer/DRM/ADRM/Sr.DEN/ADEN, who may discuss such modifications or alterations with thecontractor as considered necessary. Approval of any programme shall not in any way relieve thecontractor from any of his obligations to complete the whole of the work by the prescribed time orextended time, if any.

8.4 Price Variation Clause:8.4.1 The rates quoted by tenderer and accepted by Railway Administration shall hold good till the

completion of the work and no additional individual claim will be admissible on account of fluctuation inmarket rates, increase in taxes/ any other levies/- tolls etc. except that payment/recovery for overallmarket situation shall be made as per price variation clause given in para below:

8.4.2 No cognizance will be given for any sort of fluctuations in taxes and other market conditions etc. forany individual item for the purpose of making adjustment in payments. The contact shall, however, begoverned by the general price variation clause as under:

8.4.3 Adjustment for variation in prices of material, labour, fuel, explosives, detonators shall be determinedin the manner prescribed below:

8.4.4 The percentage component of various items in a contract on which variation in prices shall beadmissible shall be:-

Material component = %Labour component = % [To be specified depending upon the type of the work]Explosives component = %Detonators component = %Fuel component = %For Fixed component = % (No price variation will be admissible for this)The above weight age will be applied on the value arrived at after deducting the cost of steel andcement from the total contract value.

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8.4.5 (A-1) The amount of variation in prices in the several components (labour, material etc) shall beworked out by the following formulae (except cost of steel and cement supplied by contractor as aseparate NS item):-(i) L = R x (I-IO) X P

IO 100

(ii) M = R x (W-WO) X QWO 100

(iii) U = R x (F-FO) X ZFO 100

(iv) X = R x (DE-DO) X SEO 100

(v) N = R x (D-DO) X TDO 100

L Amount of Price Variation in LabourM Amount of Price Variation in MaterialsU Amount of Price Variation in FuelX Amount of price variation in ExplosivesN Amount of price variation in DetonatorsR Gross value of the work done by the contractor as per on account bill(s) excluding

(i) Cost of materials supplied by Railways at fixed price

(ii) Cement and steel provided by the contractor for which separate PVC formulae is given in

clause no. 8.4.6(A-III) and clause no.8.4.6( A-II).

(iii) Specific payment, if any, to be made to the consultants engaged by the contractors (suchpayment will be indicated in the contractors offer).

IO = Consumer Price Index Number for Industrial Workers All India as Published in RBI Bulletinfor the base period.

I = Consumer Price Index Number for industrial Workers All India- as published in RBI Bulletinbased on the average price index of the three months of the quarter.

WO = Index Number of wholesale Prices By Groups and sub-groups All commodities aspublished in the RBI Bulletin for the base period.

W = Index Number of wholesale Prices BY groups and sub groups All commodities aspublished in the RBI Bulletin based on the average price index of the three months of thequarter.

FO = Index Number of wholesales Prices By Groups and sub-Groups for Fuel, Power, Light andLubricants as published in the RBI Bulletin for the base period.

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F = Index Number of wholesale Prices By Group and sub-groups for Fuel, Power, Light andLubricants as published in the RBI Bulletin based on the average price index of the threemonths of the quarter

EO = Cost of explosives as fixed by DGS & D in the relevant rate contract of the firm from whompurchases of explosives are made by the contractor for the base period.

E = Cost of explosive as fixed by DGS & D in the relevant rate contract of the firm from whompurchases of explosives are made by the contractor for the first month of the quarter underconsideration.

DO = Cost of detonators as fixed by DGS&D in the relevant rate contract of the firm from whompurchases of detonators are made by the contractor for the base period.

D - Cost of detonators as fixed by DGS&D in the relevant rate contract of the firm from whompurchases of detonators are made by the contractor for the first month of the quarter underconsideration.

P = % of labour component

Q = % of material component

Z = % of fuel component

S = % of explosive component

T = % of detonators component

NOTE :-

1. The Price Variation Clause shall be applicable for tenders of value more than Rs fifty lakhirrespective of the contract completion period and PVC shall not be applicable to the tender ofvalue less than Rs fifty lakh.

2. Price variation is payable/recoverable during the extended period of contract, provided the PriceVariation Clause was part of the original contract and the extension has been granted onadministrative ground i.e. under Clause 17-A (i), (ii) and (iii) of GCC.

3. No maximum value for the price variation is prescribed.4. If, in any case, the accepted offer includes

(i) Cost of materials supplied by Railways at fixed price.

(ii) Cement and steel provided by the contractor for which separate PVC formulae is given inclause no. 8.4.6 A(III) and clause no.8.4.6A(II).

(iii) Specific payment, if any, to be made to the consultants engaged by the contractors (suchpayment will be indicated in the contractors offer).

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

5. The index number for the base period will be the index number as obtained for the month ofopening of the tender and the quarters will commence from the month following the month ofopening of tender. However, if the rates quoted in negotiated tender are accepted, the basemonth for the price variation clause is the month in which negotiations are held.

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6. The adjustment for variation in prices if required shall be made once every quarter in the on-account payments, if more than one on-account payment is made to the contractor in a quarter,the adjustment, if required shall be made in each bill.

7. The price variation should be based on RBIs average price index of the 3 months of the quarter.8. The demands for escalation of the cost may be allowed on the basis of provisional indices made

available by the Reserve Bank of India. Any adjustment needed to be done based on the finally

published indices is to be made as and when they become available.9. The weightage would be applied on the value arrived at after deducting the cost of steel and

cement from the total contract value.10. The price variation implies both increase as well as decrease in input prices and, therefore price

variation during the currency of the contract may result in extra payment or recovery as the casemay be.

Statement showing the percentage of Labour Components, Material Components, FuelComponents, etc. in various types of works.

(a) Earthwork Contract

Labour component 50%Fuel component 20%

Other material components 15%Fixed component 15% *

(b) Ballast and Quarry Products Contracts

Labour component 55%Fuel component 15%Other material components 15%Fixed component 15%*

(c) Tunneling Contracts

Labour component 45%

Fuel component 15%Explosive component 15%

Detonators component 5%Other material components 5%

Fixed component 15%*

(d) Track Renewal Works or Works with Contractors Portal Cranes

Labour component 50%Fuel component 12.5%Other material components 12.5%Fixed component 25%*

(e) Other works Contracts

Labour component 30%Material component 25%

Fuel component 15%Fixed component 30%*

*Will not be considered for any price variation.

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8.4.6 (A-II) Price Variation in case of Steel supplied by the contractorThis special Price Variation Clause will be applicable only on Iron and Steel supply items of tender schedulewithout value addition.The amount of variation for the component of supply of steel shall be adjusted (paid/recovered) by the followingformulae :-Ms= Q(Bs-Bso) where

Ms= Amount of price variation in steel payable/recoverable.Q= Weight of steel in tones supplied by the contractor as per the on account bill for the month unde

consideration.Bs= SAILs (Steel Authority of India Limited) ex-works price plus Excise Duty thereof (in rupees per tone) fo

the relevant category of steel supplied by the contractor as prevailing on the first day of the month inwhich the steel was purchased by the contractor (or) as prevailing on the first day of the month in whichsteel was brought to the site by the contractor whichever is lower.

Bso= SAILs ex-works price plus Excise Duty thereof (in rupees per tone) for the relevant category of steesupplied by the contractor as prevailing on the first day of the month in which the tender wasopened/rate negotiated.

NOTE:

1. Relevant categories of steel for the purpose of operating the above price variation formula based onSAILs ex-works price plus Excise Duty thereof are as under:-SN Category of steel supplied in the

Railway workCategory of steel produced by SAIL whose ex-worksprice plus Excise Duty thereof would be adopted todetermine price variation.

1 Reinforcement bars and other rounds. TMT 8 mm IS 1786 Fe 415/5002 All types and sizes of angles. Angle 65x65 x 6 mm IS 2062 E250A SK3 All types and sizes of plates. PM Plates above 10-20 mm IS 2062 E 250A SK

4 All types and sizes of channels and joints. Channels 200 x 75 mm IS 2062 E250A SK5 Any other section of steel not covered in

the above categories and excluding HTS.Average of price for the 3 categories covered under sl.No. 1, 2,and 3 above.

2. The prevailing ex-works price of steel per tone as on 1st

of every month for the above categories ofsteel as advised by SAIL to Railway Board would be circulated to all the Zonal Railways.3. Separate items for supply of steel for RCC/PSC work should have been incorporated in the tender

schedule to know the cost of steel actually consumed at any given point of time.4. Price variation is payable/recoverable during the extended period of contract, provided the Price

Variation Clause was part of the original contract and the extension has been granted onadministrative ground i.e. under Clause 17-A (i), (ii) and (iii) of GCC.


(i) Cost of materials supplied by Railways at fixed price.(ii) Value of steel, for which PVC is being paid/ recovered under this clause(iii) Specific payment, if any, to be made to the consultants engaged by the contractors (such

payment will be indicated in the contractors offer).Such payments would be excluded from the gross value of the work for purpose of payment/ recovery ofvariations as per clause no. 28.5 A 1.

7. The SAILs Ex-work price plus Excise Duty there of (in Rupees per tone) for the relevant category of steel,as prevailing on first day of the month in which tender is opened, will be considered. However, if the ratesquoted in negotiated tender are accepted, the base month for PVC will be the month in which negotiationsare held.

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8. The adjustment for variation in prices, if required, shall be made every month in the on-account paymentsas per above formula.

9. The Engineer (not below the rank of ADEN) concerned will maintain a register showing receipt of steelfrom contractor on site (supported by documentary evidence of purchase) and consumption thereof.

10. The price variation implies both increase as well as decrease in input prices and, therefore price variationduring the currency of the contract may result in extra payment or recovery as the case may be.

11. Steel supplied free or at firm price by Railway, as per contract, if any, will not be considered for calculationof PVC.

8.4.6(A-III) Price Variation in case of Cement supplied by the contractorThis special Price Variation Clause will be applicable only on Cement supply items of tender schedulewithout value addition.

1. The amount of variation for the component of supply of cement shall be adjusted (paid/recovered) bythe following formulae :-WhereMc= R x(Wc-Wco)/WcoWhereMc= Amount of price variation in material (-Cement).

R= Value of Cement supplied by contractor as per on account bill in the quarter under consideration.Wco= Index No. of Wholesale price of sub-group (of cement) as published in RBI Bulletin for the baseperiod.

Wc= Index No. of wholesale price of sub group (of cement) as published in RBI Bulletin for the firstmonth of the quarter under consideration.

Note:1. Separate items for supply of cement for RCC/PSC work should have been incorporated in the tender

schedule to know the cost of cement actually consumed at any given point of t ime.2. Price variation is payable/recoverable during the extended period of contract, provided the Price Variation

Clause was part of the original contract and the extension has been granted on administrative ground i.e.under Clause 17-A (i), (ii) and (iii) of GCC.


(i) Cost of materials supplied by Railways at fixed price(ii) Value of cement, for which PVC is being paid/ recovered under this clause(iii) Specific payment, if any, to be made to the consultants engaged by the contractors (such

payment will be indicated in the contractors offer).Such payments would be excluded from the gross value of the work for purpose of payment/ recovery ofvariations as per clause no.28.5 A 1.

5. The index number for the base period will be the index number as obtained for the month of opening ofthe tender and the quarters will commence from the month following the month of opening of tender.However, if the rates quoted in negotiated tender are accepted, the base month for the Price VariationClause is the month in which negotiations are held.

6. The adjustment for variation in prices, if required, shall be made once every quarter in the on-accountpayments, if more than one on-account payment is made to the contractor in a quarter, the adjustment, ifrequired shall be made in each bill.

7. The price variation would be based on the price index of the first month of the quarter underconsideration.

8. The demands for escalation of the cost may be allowed on the basis of provisional indices madeavailable by the Reserve Bank of India. Any adjustment needed to be done based on the finallypublished indices is to be made as and when they become available.

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9. The price variation implies both increase as well as decrease in input prices and, therefore price variationduring the currency of the contract may result in extra payment or recovery as the case may be.

10. Cement supplied free or at firm price by Railway, as per contract if any, will not be considered forcalculation of PVC.

8.4.7 The demand for escalation of the cost shall be allowed on the basis of provisional indices madeavailable by the RBI. Any adjustment needed to be done on the finally published indices is to be made

as and when they become available.The above clause will be valid for the original period of completion as well as extended period ofcompletion except the extension granted under clause 17 (B) of GCC- 1999. (as amended).

8.5 Interest Rate for Advances extended by Railways:The extant interest rate for advances extended by Railways to contractors fixed at 18% vide Boardsletter No. 90/CE-I/CT/1, dated 21.05.1997 and advance correction slip issued under Boards letter No.F(X) II-97/PW/4, dt.5.5.98 has been downwardly revised as 12 %.The mobilization advance clause henceforth be restricted only to high value tenders of value Rs. 10Crores and above each.Imposition of token penalty for delay in the completion of work:The existing clause 17(B) of GCC provides for recovery of liquidated damages from the contractor for

delay in completion of work. While granting extension to the currency of the contract under clause17(B) of GCC, Competent authority may also consider levy of token penalty as deemed fit based onthe merit of the case.

9.0 RATES FOR PAYMENT:9.1 The rates given in the attached schedule of rates tendered by the contractor and as accepted by the

Railways will form the basis of payment for such items under this contract.9.2 No material price variation or wages escalation on any account whatsoever the Compensation for

`Force Majure' etc. shall be payable under this contract except price escalation payable as per priceescalation clause, applicable for tenders of advertised value more than Rs.1.00 crore as prescribe inpara 8.4 above.

9.3 The rates for any item of work not included in the (Schedule of Items, Rates and Quantities) and whichthe contractor may be called upon to do by Railway Administration shall be fixed by the supplementarywritten agreement between the contractor and the Railway before the particular item or items of workis/are executed. In the event of such agreement not being entered into and executed the Railway mayexecute these works by making alternative arrangements. Railways will not be responsible for anyloss or damages on this account.

9.3.1 The contractor shall work in close co-operation with the contractors, departmental staff working in theadjacent sections of railway & local authorities.

9.4 It should be specifically noted by the tenderers that no separate loading, unloading and leadingcharges for materials (which are supplied by the Railway) shall be paid for by the Railways and therates quoted by the tenderer/s shall be inclusive of all these charges.

9.5 The item nos., description, units and rates given in schedule of rates are as per Northern RailwayStandard Schedule of Rates 1996 & any discrepancy during the execution of the work in the working

rates, quantity and units etc. should be rectified by reference to the printed schedule of rates which betreated as authority & will be binding on the contractor.Should there arise any items which may be necessary for the completion of work but which does notappear in the Schedule of Items, Rates and Quantities attached with tenders, its rate will be fixedby analysis of actual inputs of all types including labour and material or derived from the labour andmaterial rates given in the Northern Railway Standard Schedules of Rates 1996. The rates forsuch non-scheduled items occurring during the course of construction shall be payable subject to theapproval of the competent authority.

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No items or work requiring non-schedule rates will be carried out unless ordered to do so bythe Engineer. The rates derived from the Northern Railway Standard Schedules of Rates 1996 willbe subject to percentage above or below tendered by the contractor.

9.7 Payment for the work done will be made to the contractor only when the formal agreement has beenexecuted between the parties.

9.8 SUPPLEMENTARY AGREEMENT:

After the work is completed and taken over by the Railway as per terms and conditions of the contractagreement or otherwise concluded by the parties with mutual consent and full and final payment ismade by the Railway to the contractor for work done under the contract the parties shall execute thesupplementary agreement annexed here to as Annexure-B.

9.9 Measures to be taken in construction and repairs on roads, embankments, etc.9.9.1 All borrow pits dug for and in connection with the construction and repairs of buildings, roads,

embankments, etc. shall be deep and connected with each other in the formation of a drain directedtowards the lowest level and properly sloped for discharge into a river, stream, channel or drain andno person shall create any isolated borrow pit which is likely to cause accumulation of water whichmay breed mosquitoes.

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

be liable to pay by way of agreed liquidated damages to the Railway at the rates of Rs.100/- for eachbreach and in addition to that contractor further undertake to pay the amount incurred by the Railwayin getting the said job/s done at the risk and cost of the contractor. Besides this, the contractor willalso be held responsible for any laws for contravening them.

10.0 SETTING OUT WORKS:10.1 The contractor is to set out the whole of the work in consultation with the engineer or an official to be

deputed by the Engineer and during the progress of works to amend on the requisition of the Engineerany errors, which may arise there in and provide efficient and sufficient staff and labour thereon. Thecontractor shall also alter or amend any errors in the dimensions, lines or levels to the satisfaction ofthe Engineer or his authorized representative without claiming any compensation for the same.

10.2 The contractor shall provide, fix and be responsible for maintenance of all stocks, templates, profiles,land marks, points, burjies, monuments, centre line pillars, reference pillars, etc. and shall take allnecessary precautions to prevent their being removed altered or disturbed and will be responsible forthe consequence of such removal, alterations or disturbance and for their efficient reinstatement.

10.3 The contractor shall protect and support, as may be required or as directed by the Engineer, allbuilding, fences, walls, towers, drains, road paths, waterways, foreshores banks, bridges, Railwayground and overhead electric lighting, the telegraphs/ telephones and crossing water service Mainpipes and cables and wires and altogether matters and things of whatever kind not otherwise hereinspecified other than those specified or directed to be removed or altered which may be interferedwith or which likely to be affected disturbed or endanger by the execution completion ofmaintenance of the works and shall support provided under this clause to such cases as directed bythe Engineer. No payment shall be made by the Railway to the contractor for these works on accountof delay for re-arrangement of road traffic or in the contractor having to carry out the short lengths and

in such places as per conditions and circumstances may warrant. These will not form the basis of anyclaim and or dispute for compensation of any kind.

11.0 DRAWINGS FOR WORKS:11.1 The Railway Administration reserves the right to modify the plans and drawings as referred to in the

special data and specifications as also the estimate and specifications without assigning any reasonsas and when considered necessary by the railway. The percentage rates for the schedule items anditems rates for the non-schedule items quoted by the contractor as may be accepted by the railwayswill, however, hold good irrespective of any changes, modifications, alterations, additions, omissions

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in the locations of structures and detailed drawings, specifications and/or the manner of executing thework.

11.2 It should be specifically noted that some of the detailed drawings may not have been fina

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