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    -1-Northern Railway, Moradabad Division

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

    Signature of tenderer

    mRrj jsyosi=kad % 44[kqea-js-iz-@eqjk- e.My jsy izcU/kdfnukad 07-10-13 dk;kZy;] eqjknkcknA

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    6,40,000 12,800 6ekg 2000/-

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    www.nr.indianrailways. gov.in.

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    13,50,000 27,000 6ekg

    2000/-

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    lsizLrqr dh tk jgh gSA ;fn fufonk fdlh Hkkxhnkjh leqRFkku dh vksj lsizLrqr dh tkrh gS rksmls fufonk dslkFk Hkkxhnkjh foys[k rFkkHkkxhnkjh QeZdh vksj lsfufonk nLrkost ij gLrk{kj djusdsizkf/kdkj dh izekf.kr izfr tSlk fd fufonk nLrkost ds ,uSDt+j ds&2 esamfYyf[kr

    gS] izLrqr djuk pkkfg,A ;fn ;s nLrkost] fufonk nLrkostksadslkFk layXu ugha fd;stkrsgSarks;g le>k tk;sxk dh ;g fufonk] fufonknLrkostksaij gLrk{kj djusokysO;fDr }kjk izLrqr dh xbZgSA Hkkxhnkjh foys[k vfuok;Z :Ik ls fufonk nLrkostksa dslkFk layXu djsaA fufonk[kqyus dsi'pkr~ dksbZ Hkh Hkkxhnkjh foys[k Lohdkj ugha fd;k tk,xkA

    3- bldsvfrfjDr fufonk&vfHkys[k mRrj jsyosdh osolkbV www.nr.indianrail.gov.in.Ikj Hkh miyC/k gS rFkk fufonk&vfHkys[k ogkaW ls HkhMkmu yksM fd;k tk ldrk gSA osolkbV ls Mkmu yksM fd;sx;sfufonk&vfHkys[k dslkFk fufonk dh dher tksfd mijksDr rkfydk esa fy[khgS] tek djuk vfuok;ZgSvU;Fkk fufonk fujLr dj nh tk;sxhA fufonk ls lacaf/kr vU; tkudkjh ;k fufonk nLrkost e.My jsy izcU/kd m-js-eqjknkckn ds dk;kZy; bath foHkkx lsfdlh Hkh dk;Zfnol esa 10 cts ls15 ctsrd Vs.Mj QkeZdh dher tek djdsizkIr fd;k tk ldrkgSA Vs.Mj dh dher fMek.M M~zkQV ds}kjk Hkh tek dh tk ldrh gStksfd ofj"B e.My foRr izcU/kd m-js- eqjknkckn dsi{k esans; gksAfufonk izi= Mkd }kjk eaxkus ij :-500@& vfrfjDr Hkstuk gksxkA fufonk izi= dh dher okil ughagksxhA fufonk QkeZ vgLrkarj.kh; gSA fufonk[kqyus dh frfFk dksfufonk dsoy 12-00 ctsrd gh tkjh dh tk,xhA

    4- /kjksgj jkf'k o fufonk ewY; fuEu fof/k;ksa}kjk tek dh tk ldrh gS%& 1 e.My dSf';j ;k phQ cqfdax lqijokbtj mRrj jsyos eqjknkckn dsdk;kZy; esa;k eqjknkckn e.My ds fdlh vU; LVs'ku ij udn :Ik esatek djdsjlhn Vs.Mj dslkFk uRFkh dh tk, rFkk mldk fooj.k Vs.Mj'kSM~;wy dsuhps fy[ksaA 2 Hkkjrh; LVsV cSad@jk"V~h; d`r cSd }kjk tkjh isvkMZj] fMek.M M~kQ~V vFkok dS'k fMikftV jlhn ds#i esa] tksVs.Mj [k qyusdh frfFk ls90 fnuksa ;k mllsvf/kd dsfy;sekU; gks rFkk ofj"B e.My foRr izcU/kd m-js- eqjknkckn dsi{k esa ns; gksA fcuk/kjksgj jkf'k dsfufonk Lohdk;Z ugh gSA fufonkdrkZdksviuk vkWQj Vs.Mj [kqyus dh frfFk ls90 fnu rd oS/k (osSfyM)j[kuh gksxh vU;Fkk

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    d`rs e.My jsy izcU/kd@bath0m0 js0@ eqjknkcknA

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    -2-Northern Railway, Moradabad Division

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

    Signature of tenderer

    NORTHERN RAILWAY

    TENDER NOTICE No: 44(O)/DRM/MB DIVL. RLY. MANAGER

    DATED : 07.10.13 OFFICE, MORADABAD

    S.No.

    Name of work Approx.cost

    Earnestmoney

    Completionperiod

    Cost ofTender

    Address of theoffice fromwhere the

    tender formcan be

    purchased

    Date & timefor submission

    of tender &opening of

    tender

    Websiteparticulars andnotice board

    location wherecomplete detailsof the tender can

    be seen, etc.

    1. Renovation /modification/ Alterationto transit camp andminor renovation tounion office adjacent to

    Transit Camp atMoradabad underADEN/HQ/MB

    6,40,000 12,800 6 Months 2000/-

    Engg. BranchDRM/OfficeMoradabad

    Tenders are

    invited up to16:00 hourson 19.11.13and opened

    at 16:15hours on thesame date

    Website:www.nr.indianrail

    ways.gov.inNotice board islocated in the

    Works Accounts(WA) section of

    EngineeringBranch,

    DivisionalRailway

    Managers Office,NorthernRailway,

    Moradabad

    2 Repair to pathway anddevelopment of infra-structural facilities forfreight train examinationat Line no. 15 at MBunder ADEN/HQ/MB

    13,50,000 27,000 6 months 2000/-

    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 the tender 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 on behalf of a

    partnership concern. If the tender is submitted on behalf of partnership concern, he should submit along with the tender the certified copyof partnership deed and power of attorney as specified in para 8 of Annexure K-2 of the tender documents. If these documents are notenclosed along with tender documents, the tender will be treated as having been submitted by individual signing the tender documents.The partnership deed should invariably be attached with the tender documents while submitting the tender documents. No partnershipdeed 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 can be downloaded from there also. The tender documents downloaded through website must accompany tender documents cost as mentionedabove, otherwise the tender shall be summarily rejected. Further particulars regarding tenders/tender documents can be taken from theoffice of Divl. Rly. Manager/Engg Branch/Moradabad after depositing the requisite tender cost. If required by post Rs.500/- extra (non-refundable) through demand draft in favour of Sr. Divl. Finance Manager, Northern Railway, Moradabad shall be required to be paid. Notender form will be issued on application received after 12.00 hours on the same day (date of tender opening). The cost of tenderdocuments 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 Chief BookingSupervisor, Northern Railway/Moradabad or any station of Moradabad Division and money receipt to be attached with tender documentswith entry of the same in the tender documents below the tender schedule. 2) Demand draft, deposit receipt, pay order etc. issued byState Bank/Nationalized banks/Scheduled banks approved by RBI only valid for 90 days or more from the date of opening of the tenderduly pledged in favour of Senior Divisional Finance Manager, N.Rly./Moradabad. Tender documents received without earnest money andsecurity deposit, to keep the offer open for a period of 90 days will be summarily rejected. The details regarding forms in which earnestmoney and tender documents cost can be deposit are available in para 3.2.1 and 2.1.3 of the tender documents.

    For Divl. Rly. Manager/Engg./MoradabadFor and on behalf of the President of India

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    -3-Northern Railway, Moradabad Division

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

    Signature of tenderer

    SCHEDULE OF RATE AND APPROXIMATE QUANTITY

    Name of work Repair to pathway and development of infrastructural facilities for freight trainexamination at line No. 15 at Moradabad under ADEN-HQ-MB

    Appx. Cost-Rs 13,50,000/- E. Money Rs 27,000/- D.O..C- 06 MonthsS

    no.Description of item At par cost Unit Rates to be quoted by tenderer fig. &

    words1 All item of work of Ch. No.3 of

    SOR/20103,50,000.00 %age

    above/belowSOR/2010

    2 All item of work of Ch. No.4 ofSOR/2010

    5,80,000.00 %ageabove/belowSOR/2010

    3 All item of work of Ch. No.9 ofSOR/2010

    3,94,000.00 %ageabove/belowSOR/2010

    4 For all lab our and material of all itemof all other chapter of SOR/2010except item 1 to 3 above ofSOR/2010

    25,000.00 %ageabove/belowSOR/2010

    Note :-1. For item No. 1 to 4 tenderer has to quote his rate on %age basis i. e. above / below at par on

    SOR/2010 against each item.2. The tenderer has to quote the rates both in words and figures. In case of any ambiguity lower side

    rates will be considered.3. The quantities given above are approximate and can be increased/decreased as per extant rules.4. Tender will be considered invalid if any page left unsigned or found missing.5. The work is to be carried out ensuring complete safety as per the laid down procedure in

    manuals, code which are to be procured by the contractor at his own expenses and the onus ofensuring the same lies with contractor.

    6. In case the tenderer withdraws his offer within the validity date of his offers or fails to undertakethe contract after acceptance of his tender, the full earnest money will be forfeited.

    Signature of the tenderer(s)With address & mobile no.

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    -4-Northern Railway, Moradabad Division

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

    Signature of tenderer

    TENDER FORM (FIRST SHEET)

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

    1. I/We ____________________________________________________ have read the various conditionsto 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-1999corrected up to date andto carry out the work according to the Special Conditions of Contract and specifications for material andworks as laid down by the Railway in the annexed Special Conditions/specifications and the IndianRailway Works Manual/Indian Railway P.Way Manual/Indian Railway Bridge manual corrected up todate, 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 herewithforwarded as Earnest Money. The full value of the Earnest Money shall stand forfeited withoutprejudice 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 daysafter receipt of the acceptance letter

    issued by the Railway that such documents are ready; and

    I/We do not commence the work within Fifteen daysafter 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 toNorthern Railway during a period of 90 daysfrom 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 TenderConditions & Instructions to Tender/s amounting to 5% (Five percent) of Contract Valueas per theproforma as prescribed by the Railways, before signing of agreement, which should be normallyabout 15 days.

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

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

    Signatures of the Tenderer/sAddress of the Tenderer/s

    Dated:

    Signature of witnesses:1. __________________________

    __________________________2. _______________________

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    -5-Northern Railway, Moradabad Division

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

    Signature of tenderer

    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 DOCUMENTS2.1 SUBMISSION OF TENDERS.2.1.1 The tender documents consist of (a) Tender Notice, (b) Tender form (First sheet) (c) Special Tender

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

    2.1.2 Tender documents can be had from the office of Senior Divisional Engineer, Northern Railway,Moradabad-244001 on any working day between 10.00 hrs to 15.00 hrs after publication of tendernotice in newspaper by depositing the requisite tender cost. If required by post Rs.500/- extra (non-refundable) through demand draft in favour of Sr. Divl. Finance Manager, Northern Railway, Moradabadshall 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 cost of tender documents is non-refundable and tenderdocuments 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.in

    and the same can be downloaded and used as tender document for submitting the offer. This facilityis available free of cost. However the cost of tender documents as indicated above in para 2.1.2 willhave to be deposited by the tenderer in the form of cash receipt/bank draftpayable in favour ofSr.Divl. Finance Manager, Northern Railway, Moradabad along with the tender document. Thisshould be paid separately & not included in the Earnest Money. In case, tender is not accompanied

    with 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 as

    for using the same as tender document for submitting their offer. Master copy of tender documentwill be available in the office of Sr. Divisional Engineer/Divisional Engineer, DRM Office, Moradabad.After award of work, an agreement shall be drawn up. The agreement shall be prepared based onMaster copy and not based on the tender document submitted by tenderer. In case of discrepancybetween tender documents down loaded from internet and master copy, later shall prevail and willbe 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 coversuperscripted as tender form for the work As on top sheet" and should be deposited in the Tender Boxin the office of theSenior Divisional Engineer, Northern Railway, ________________ _____ in the

    office of DRM, Northern Railway, , Moradabad on or before up to 16.00 hrs. on __________. Thetenders will be opened immediately soon thereafter and rates read out in the presence of suchtenderer/s as is/are present. Tenders, which are received after the time and date specified above, maynot be considered. In case the intended date for opening of tenders is declared holiday, the tenders willbe opened on the next working day at the same time. Special conditions, if any, should be attached(tied with tag/thread properly) with the tender documents only. No loose document, found in the tenderbox, shall be considered, in any case.

    2.1.5 Tenders sealed and superscripted as aforesaid can also be sent by registered post addressed to theSenior Divl. Engineer or DRM/Engg. Northern Railway, Moradabads office on or before up to16.00 hrs. on _________ buta tender which is received after the time and date specified in Clause

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    -6-Northern Railway, Moradabad Division

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

    Signature of tenderer

    2.1.4 above may not be considered. Any tender delivered or sent otherwise will be at the risk of thetenderer/s.

    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 labourand materials for individual chapter/Group of items of SOR of Group A schedule items andsingle%age rates above or below or At Par the estimated cost of all N.S. items grouped together inGroup B and C in the attached Schedule of Rates and Quantities. Every possible fluctuation, in therate of labour, material and general commodities and other possibilities of each and every kind whichmay effect the rates should be considered and kept in view before quoting the rates and no claim on thisaccount shall be entertained by the Railway under any circumstances except the price escalationpayable 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 ratesquoted in figures and in words, the rate quoted in `words' shall be taken as correct. If more than one orimproper 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 asincomplete 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/theirbehalf 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. Anycorrections made by the tenderer/s in his/their entries should be in INK and must be attested byhim/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 thetender. The Railway reserves the right not to consider conditional tenders and reject the same withoutassigning any reason. Only those additional conditions, which are explicitly accepted by the Railway,shall 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 with

    tag/thread properly) with the tender documents only. No loose document, found in the tender box, shallbe 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 ofsuch 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 satisfactorily

    carried out works of the type involved in the construction of the work being tendered for. He/Theyshould also produce proof to the satisfaction of the Railway of his/their technical ability and financialstability 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 financialstatus 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 subject

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

    to be given separately) for the subject work.

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    -7-Northern Railway, Moradabad Division

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

    Signature of tenderer

    c. List of works completed in the last three financial years giving Description of work, Organizationfor whom executed, Approximate value of the contract at the time of award, Date of award andDate 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 ofbalance work yet to be done and date of award.Note: (i) In case of items (c) and (d) above, supportive documents / certificates from the organizations

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

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

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

    successfully at least one similar single work for a minimum value of 35% of advertised tendervalue, inclusive of the cost of cement and steel, in last three financial years (i.e. Current year andthree 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 havereceived the total payments against satisfactory execution of all completed/ongoing works of alltypes (not confined to only similar works) during the last three financial years and in thecurrent financial year (upto the date of opening of the tender) of a value not less than 150% of theadvertised cost of workincluding the cost of cement and steel.

    (c) The tender committee shall examine the overall financial soundness of the tenderers based uponvolume of work handled turnover, balance sheets etc for all works of tender values costing morethan 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 for

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

    (b) In case of composite works involving combination of different works, even separate completedworks of required value should be considered while evaluating the eligibility criteria. For example, in

    a tender for bridge works where similar nature of work has been defined as bridge works with pilefoundation and PSC superstructure, a tenderer, who had completed one bridge work with pilefoundation of value at least equal to 35% of tender value and also had completed one bridge workwith PSC superstructure of value at least equal to 35% of tender value, will be considered as havingfulfilled 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 forthe Govt. or Semi Govt. organizations shall be considered and the tenderer will submit the certificate tothis effect from the officer concerned duly signed under the official seal. It should be noted thatcredentials 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 threefinancial years and current yearon the prescribed proforma as detailed at Annexure-I.The details

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    -8-Northern Railway, Moradabad Division

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

    Signature of tenderer

    shall be based on the certificate issued by the employer and or form 16-A issued by employer i.e.the certificate of deduction of tax at a source under Section 203 of the Income Tax Act, 1961. Thephotocopies of the certificate of payments and or form 16A shall be enclosed duly attested by Notary

    public with seal and Notaries stamps thereon.(i) If a tenderer has completed a work of similar nature where cement and steel was issued bydepartment free of cost, tenderer must submit the completion certificate indicating cost of thesematerials and total cost of work (including cost of cement/steel) shall be considered to decideeligibility or otherwise-

    (ii) Contractor has to satisfy the eligibility criteria for technical capability and competence as well as forfinancial 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 attested

    copies of the constitution of their concern, partnership deed and power of attorney with their tender.Tender documents in such cases are to be signed by such persons (as may be legally competent tosign them on behalf of the firm, company, association or society as the case may be). Co-operative societies must likewise submit an attested copy of their certificate of registration along with thedocuments as above mentioned. The Railway will not be bound by any power of attorney granted bythe tenderer/s or by changes in the composition of the firm made subsequent to the award of thecontract. Para 5 of annexure K-2 specifies the action to be taken in such matters. The cost of suchaction, including legal advice will be chargeable to the contractor.(a) JVs/Consortiums/MOUs will be considered in accordance with Tender Notice/approved

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

    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 tender,

    the railway shall deem such tender/contract as cancelled. In a partnership firm, if a partner of firm

    expires after the submission of their tender the Railway shall deem such tender as cancelled unless thefirm retain its character.(b) If the contractors firm is dissolved on account of death, retirement of any partners or for anyreason whatsoever, before fully completing the whole work or any part of it, undertaken by the principalagreement the surviving partners shall remain jointly/severally and personally liable to complete thewhole work to the satisfaction of the Railway and to pay compensation for losses sustained, if any by theRailway due to such dissolution. The amount of such compensation shall be decided by Divl. RailwayManager or any other competent person on behalf of the Railway and his decision in the matter shall befinal and binding on the contractor.(c) The cancellation of any document such as power of attorney, partnership deed etc., shallforthwith be communicated to the Railway in writing, failing which the Railway shall have no

    responsibility 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 andquantities are approximate and are given only as a guide. These are subject to variations/additions andor omission. The quantum of work to be actually carried out shall not form the bases of any disputeregarding the rates to be paid and shall not give rise to claim for compensation on account of anyincrease 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 surchargeas applicable on

    Works Contractwill be made for sums paid for carrying out the work under this contract. In case ofsupply contract for ballast, deduction of 2% (Two Percent) Income tax will be made for the sums paid forlabour 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 % age

    (shown in Table below) ofthe Advertised tender costas indicated in Tender Notice as Earnest Moneyin the manner prescribed in Clause 3.2 failing which the tender shall be summarily rejected. Theearnest 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 inclause 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 as

    herein 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 beliable 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.DENfor 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 be

    conducted 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. concerned

    as amended from time to time.4.6 Contractor shall at all times keep the railway administration indemnified against all penalties that may

    be imposed by the Govt. of India or State Govt. for infringements or any of the clauses of the minesact 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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    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 contractand no othermode of collecting security depositsuch 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 normallybe 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 for

    equivalent 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 31stday 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 ofPerformance 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 Mobilization

    Advance.A Performance Guarantee shall be submitted by the successful bidder after the Letter ofAcceptance (LOA) has been issued, but before signing of the contract agreement. This 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 releasedonly 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 described

    herein 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 of

    India.

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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 for

    tenderer/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/sstandard form of contract 1999

    Rs.100/-

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

    Demand for these publications from out station will be considered only if a sum of Rs.50/- 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 onehand and the Northern Railway Standard Specifications for Materials and Works 1987 theGeneral Conditions of Contract, 1999 etc. and the Standard Schedule of Rates of 1996on 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 regarding

    nature 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 payment

    of 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 the

    contractor. 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 notice

    from 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-performanceof 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 4thof the following month. He will also give to the Sr. DivisionalEngineer the programme of work to be done in coming month by 25thof 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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    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 whom

    purchases 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 lakh

    irrespective 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 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.

    9. The weightage would be applied on the value arrived at after deducting the cost of steel andcement from the total contract value.

    10.The price variation implies both increase as well as decrease in input prices and, therefore pricevariation 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 ContractLabour component 50%Fuel component 20%

    Other material components 15%Fixed component 15% *

    (b) Ballast and Quarry Products ContractsLabour component 55%

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

    (c) Tunneling ContractsLabour 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 CranesLabour component 50%

    Fuel component 12.5%Other material components 12.5%

    Fixed component 25%*

    (e) Other works ContractsLabour 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) whereMs= Amount of price variation in steel payable/recoverable.Q= Weight of steel in tones supplied by the contractor as per the on account bill for the month under

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

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

    SAILs 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 1stof 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 tenderschedule 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 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.

    5. No maximum value for the price variation is prescribed.6. If, in any case, the accepted offer includes

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

    payment 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 steel

    from 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 base

    period.Wc= Index No. of wholesale price of sub group (of cement) as published in RBI Bulletin for the first

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

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

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

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

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

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

    calculation 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 madeas 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 fordelay 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 in

    para 8.4 above.9.3 The rates for any item of work not included in the (Schedule of Items, Rates and Quantities) and which

    the 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 the

    rates 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 Railway

    Standard Schedule of Rates 1996& any discrepancy during the execution of the work in the workingrates, 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 attachedwith 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 shallbe 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 of

    the 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 of

    maintenance 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 andin 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 finalized by the

    railway and will, therefore, be supplied to the contractor as and when they are finalized on demand.No compensation whatsoever on this account shall be payable by the Railway Administration.11.3 No claim whatsoever will be entertained by the Railway on account of any delay or hold up of the

    work/s arising out of delay in approval of drawings, changes, modifications, alterations, additions,omission and the site layout plans or details drawings and design and or late supply of such materialas are required to be arranged by the Railway or due to any other factor on Railway Accounts.

    11.4 If any plan/drawing is attached with tender form, Rs.200/- per plan/drawing will be levied extra.12.0 SUPPLY OF MATERIALS BY THE RAILWAYS:12.1 If at any time, material which the contractor/s should normally have to arrange himself/themselves, are

    supplied by the Railway either at the contractors request or in order to prevent any avoidable delay inthe execution of work due to the contractor's inability to make adequate timely arrangements forsupply thereof or for any other reason, recovery will be made from the contractors bill either at themarket rate prevailing at the time of supply or at the book rate whichever is greater, plus fixeddepartmental charges viz. freight at 5% (8.33% for items of Iron and G.I. pipe steel) incidentalcharges at 2% and added on total cost supervision charges at 121/2%. No carriage or incidentalcharges will be borne by the Railway. The contractor cannot, however, claim as a matter of right theissue of such material by the Railway which he/they is/are required to arrange himself/themselves inaccordance with the terms and conditions of this contract.

    12.1.1 In case, cement and/or steel is issued to the contractor/s free of cost or on cost to be recovered foruse on the work, the supply thereof shall be made in stages limited to the quantity/ quantitiescomputed by the Railway according to the prescribed specifications and approved drawings as per theagreement. The contractor shall return the cement and/or steel issued in excess of the requirementsas above in perfectly good conditions to the Railway immediately after completion or determination of

    the contract. If the contractor/s fail/s to return the said stores, then the cost of cement and/or steelissued in excess of the requirement computed by the Railway according to the specifications andapproved drawing will be recovered from the contractor/s @ twice the prevailing procurement cost atthe time of last issue viz. 2 X (purchase price + 5% freight only).This will be without prejudice to theright of the Railway to take action against the contractor/s under the conditions of the contract for notdoing/completing the work according to the prescribed specifications and approved drawings. If it isdiscovered that the quantity of cement and or steel used is less than the quantity ascertained, asherein before provided, the cost of the cement and/or steel not so used shall be recovered from thecontractor/s on the basis of the above-stipulated formula.

    12.1.2 The contractor shall be responsible for the safe transport custody and storage of all Railway materialsissued to him and he will be liable to make good the loss due to any cause whatsoever that may be

    suffered by the Railway on this account. Special precautions should be taken in respect of cementwhile transporting cement, steps should be taken to safeguard against cement becoming damp or wetdue to moisture or rain. The contractor will also be responsible for storing cement in damp proofconditions at site of work at his own cost in accordance with the standard specifications. TheEngineer shall decide whether the cement stored in the godown is fit for the work and his decisionshall be final and binding on the contractor/s.

    12.1.3 The contractor should supply a schedule showing the requirements of explosives/materials required tobe supplied to him by the Railway based on detailed plans. The Railway according to this schedulewill arrange the materials unless otherwise modified by the Railway due to additions or alterations inthe approved plans. No claim whatsoever will be entertained by the Railway on account of late supplyof such materials as are required to be arranged by the Railway.

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    12.3 SUPPLY OF CEMENT AND STEEL BY THE RAILWAYS12.3.1 Cement, Mild Steel/H.Y.S.D./Bars/RSJ/MS Plate, etc. to be supplied by the Railway to the extent as

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

    of cost or on cost recovery basis as the case may be as per relevant clauses of special conditionsrelating to site data and specifications at construction store godown at __________. The contractorwill be required to lead the same to the site of work at his own cost subject to payment at the rate asquoted against relevant item of N.S. Items in the Schedule of Items, Rates & Quantities.

    12.3.2 Cement and steel required for temporary works timbering, shuttering, centering, scaffolding, etc. willhave to be arranged entirely by the contractor at his own cost.

    12.3.3 The empty cement bags for the supply of cement by the Railway shall be property of the contractorand the cost of the same shall be recovered at the rate of Rupees Two per empty cement bag fromthe on account bill of the contractor in case the cement is supplied in Jute bags. No recovery onaccount of empty cement bags shall be made from the contractor, in case the cement is supplied inH.D.P.E. bags. The Railway, however, reserves its right to take empty bags as are in good conditionsand in that case no recovery will be made for bags so taken back. These rates will apply for bagsdeteriorated, while in use and not found acceptable to the Railway so taken back from the contractor.

    13.0 SUPPLY OF MATERIALS BY THE CONTRACTOR/S:13.1 Materials used in the work by the contractor shall conform to the Northern Railway Standard

    Specifications and the relevant I.S.I./I.R.S Specifications, and should be approved by the Engineerbefore utilizing them on works.

    13.2 It should be clearly understood that the tendered rates include wastage and wash away due to rains,storms, floods or any other cause whatsoever.

    13.3 No loading, unloading, lead, lift, stacking, octroi, sales tax, toll tax, royalty or any other charges will bepaid for the materials, tools and plants and tools arranged and brought by the contractor to the site ofwork.

    14.0 SUPPLY OF CEMENT & REINFORCEMENT STEEL BY THE CONTRACTOR:

    14.1 REINFORCEMENT:

    i) Reinforcement will be of TOR steel (cold twisted deformed bars) as decided by the engineer-in-charge or as per approved drawings and confirming to the latest IS/IRC codes. Payment shall bemade under relevant item of the tender schedule/NR Std. Schedule of rates 1996.

    ii) Steel for use in the works shall be procured by the contractor from the main producers or any othermanufacture of repute as approved by Engineer in-charge, or their authorised dealers/authorisedstock yards which should conforms to latest relevant IS specifications.

    iii) Test certificates for steel before use, as per latest relevant IS the contractor at his own cost willfurnish specifications from the manufacturer of the laboratories approved by the Engineer in Charge.

    iv) Railway will also take samples during the course of work and get the steels tested ascertain its

    conformity to the IS specifications at contractors cost before a particular lot is put to use. Frequencyof testing shall be as prescribed by the relevant IS code.

    v) Payment for the steel reinforcement shall be made on the basis of standard unit weights per meter tothe extent actually consumed on the work as per approved drawings and nothing extra will be paidfor unauthorised over laps and wastage of steel involved in cutting the bars to their required sizes.Nothing extra will be payable for overweight steel within the limit of tolerance permitted as per IS-1786: 1985.

    vi) It shall be the responsibility of the contractor to clean the reinforcement bars with dry gunny bags ifthey are coated with rust or impurities and nothing extra shall be paid for the same.

    vii) The rate for Reinforced Cement Concrete includes straightening and uncoiling of rolls ofreinforcement. No extra payment for straightening and/or uncoiling of reinforcement rolls shall be

    payable by the railways.

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    viii) Binding wire of approved quality shall be arranged by the tenderer/s himself/themselves and therates quoted for RCC work shall include cost of binding wire and the process of binding etc.

    ix) No welding of reinforcement will be permitted except in special circumstances under the written

    approval of the Engineer-in-charge. Steel having unit weight per meter not falling within thetolerances specified in relevant IS code shall not be accepted.14.2 CEMENT:

    i) Cement for use in the works will be procured by the contractor from the BIS approved producers ortheir authorised dealers with the prior approval & consent of the engineer-in-charge.

    ii) Cement older than 3 months from the date of manufacture as marked on the bags shall not beaccepted. Cement bags preferably in paper bag packing should bear the following markings: -a) Manufacturers Nameb) Registered Trademark of manufacturer if anyc) Type of cementd) Weight of each bag in Kg. Or no. of bags/tone

    e) Date of manufacture generally marked as week of the year/year of manufacture.iii) Quality test certificate for cement as per ISI 4031 shall be furnished by the contractor at his own costfrom the manufacturer, before use of cement supplied.

    iv) Railway will also take samples during the course of execution of works and get the cement testedfrom reputed /approved labs to ascertain its conformity to the relevant IS specification at contractorscost before a particular lot is put to use. Frequency of testing shall be as prescribed by the relevantIS code. Following tests inter alia shall be carried out: -a) Finenessb) Compressive strengthc) Initial and final setting timed) Consistencye) Soundness

    v) In case samples tested do not pass the quality tests conducted, the entire batch of cement suppliedshall be rejected and returned to the contractor.

    vi) For storage of cement, the contractor shall have to construct a temporary godown of adequatecapacity at his own cost; as per the promises of the relevant IS code. The contractor shall bring thecement to the site of work only on the written instructions from Gazetted officer in charge of the work.It shall be obligatory on the part of the contractor to get every consignment/ truck of cement weighedin the presence of

    vii) Inspector in charge or his representative and supplies original copies of weigh slip along with theconsignment. The inspector in charge will verify the quantity of cement brought to the site of workand return one verified weigh slip to the contractor after the same is stacked inside the cementgodown under his supervision.

    viii) The record of cement brought to the site of work, daily consumption, daily opening balance andclosing balance shall be maintained at site jointly by the inspector in-charge of work and contractoror his authorised representative. For this purpose a set of registers duly reconciled and signed by thecontractor and the inspector in-charge of the work certifying the opening balance, consumption, andclosing balance should be maintained. One register each shall be kept in the custody of inspector in-charge of the work and contractor or his representative.

    ix) The contractor shall be the custodian of cement godown and shall keep the godown under his lockand key to ensure safe custody of cement. The contractor shall ensure that the cement once broughtto the site and accounted for shall be used at the site only and shall not be taken away from the sitefor any other purpose.

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    x) Contractor shall make the cement godown available for inspection along with connected record tothe Engineer or his representative as and when required.

    xi) Land for construction for the temporary cement godown shall be handed over by the railway on the

    written request of the contractor free of any rent if available.xii) The contractor shall ensure that after completion of the work and/or determination of the contract forany reason whatsoever, the temporary cement godown shall be dismantled and all dismantledmaterials/debris shall be removed and clear site shall be handed over back to Railways. All thereleased materials shall be the property of the contractor and the railways forconstruction/dismantling etc shall make no payment. The final bill and earnest money/securitydeposit shall not be released unless the godown is dismantled and the site is cleared in all respects.Tolerance requirement for the mass cement:

    a) Cement supplied at one time will be taken as forming one batch. The number of bags takenfor sample from each batch shall be as under: -Batch Size Sample Size100 to 150 20

    151 to 280 32281 to 500 50501 to 1200 801201 to 3200 1253201 and above 200The bags in samp