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TOP SHEET

Tender Document No

Tender Notice No : CEN/Misc/CNB/146/10-11 Date 12.03.2011.

Name of work : Transportation, Fabrication, Assembly, erection and launching of superstructure of 1x61 m

open web girder span and fixing of steel channel sleepers for bridge no. 47 over Kanpur

branch canal between Mainpuri- Karhal in c/with construction of new rail line between

Etawah-Mainpuri of ALD Dvn. of N.C.Rly.

Approx. Cost : Rs. 93.83 lacs

Earnest Money : Rs. 1,87,660/- (Rs One lac eighty seven thousand six hundred sixty only)

Completion Period : 12 (Tweleve) months from the date of issue of Acceptance Letter/Telegram.

Last Date/Time of Receipt : Up to 15 00 hrs on 02.05.2011.

of Tenders

Date of opening of Tender : At 15.30 hrs on 02.05.2011 in the office of the Chief AdministrativeOfficer/Construction/North Central Railway, Balmik Chowraha, Nawab

Yusuf Road, Allahabad- 211001and

CAO/Indian Railway Project Management Unit, (IRPMU), Shivaji Bridge,behind Shankar Market, New Delhi.

When was the partnership :Constituted and deed executed.

Whether attested copies of :Partnership deed and

Power of Attorney furnished

with the tender.

The working contractors :should submit a list of works

executed/now being executedby them with their value and

agreement No. with the tender

Name and Address of : _________________________________________Party to whom the _________________________________________

tender sold __________________________________________

N.B.: The above information may please be furnished invariably otherwise the tender is likely to berejected.

Signature of the Supdt./WA/Const. Signature of the Tenderer/s


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NORTH CENTRAL RAILWAY

Signature of the Tenderer/s1

TENDER FORM (FIRST SHEET)

The President of India,Acting through the Chief Engineer/C/North/ North Central Railway, Allahabad

/ Dy Chief Engineer/Const./Kanpur

I/We ______________________________________________________ have read the various conditions totender attached here to and hereby agree to abide by the said conditions. I/We also agree to keep this tender

open for acceptance for a period of 90 days from the date fixed for opening the same and in default thereof

I/We will be liable for forfeiture of My/Our Earnest Money. I/We offer to do the work Transportation,

Fabrication, Assembly, erection and launching of superstructure of 1x61 m open web girder span and fixing ofsteel channel sleepers for bridge no. 47 over Kanpur branch canal between Mainpuri- Karhal in c/with

construction of new rail line between Etawah-Mainpuri of ALD Dvn for North Central railway, at the ratesquoted in the attached schedule and hereby bind myself/ourselves to complete the work in all respects within

12 (Tweleve) Monthsfrom the date of issue of letter of acceptance of tender.

2. I/We also hereby agree to abide by the General Conditions of Contract corrected up to printed/advancelatest correction slips and to carry out the work according to the Special Conditions of Contract and

Specifications For Material and Works as laid down by the Railway in the annexed Special

Conditions/Specifications and the North Central railway Works Manual corrected up to printed/advance latest

correction slips and Schedule of Rates corrected up to printed/advance latest correction slips, for the presentcontract.

3. A sum of Rs. 1,87,660/- (Rs One lac eighty seven thousand six hundred sixty) only is herewith

forwarded as Earnest Money. The full value of the Earnest Money shall stand forfeited without prejudice to

any other rights of remedies if:

a) I/We do not execute the contract documents within seven days after receipt of the notice issued by the

Railway that such documents are ready; and

b) I/We do not commence the work within fifteen days after receipt of orders to that effect.

I/We realise from my/our offer or modify the terms and conditions thereof in a manner not acceptable to

North Central railway during aperiod of 90 days from the date opening of the tender.

4. The amount of Earnest Money in the form of cash lodged with CCPM or DCPM North Central

Railway, Allahabad or Chief Cashier/NCR/ Kanpur vide Cash Receipt No. ___________ Dated _______ ordeposited in the form of Pay Order, Deposit Receipts, Demand Drafts is attached. I/we have clearly noted that

the Earnest Money in the form of Bank Guarantee Bond is not acceptable.

5. Until a formal agreement is prepared and executed letter of acceptance of the tender shall constitute a

binding contract between us subject to modification, as may be mutually agreed to between us as indicated in

the letter of acceptance of my/our offer for this work.

Signature of the Tenderer/s

Tenderer/s Address: ______________________________________

______________________________________

Dated: ___________Signatures of witnesses

1. __________________________

__________________________2. __________________________

__________________________


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CONSTRUCTION DEPARTMENT

SPECIAL TENDER CONDITIONS AND INSTRUCTIONS TO TENDERER/S

1. DETAILS OF WORK.

Name of work : Transportation, Fabrication, Assembly, erection and launching of superstructure of 1x61 mopen web girder span and fixing of steel channel sleepers for bridge no. 47 over Kanpurbranch canal between Mainpuri- Karhal in c/with construction of new rail line between

Etawah-Mainpuri of ALD Dvn. of N.C.Rly.

2. TENDER DOCUMENTS

2.1 SUBMISSION OF TENDERS.

2.1.1 The tender documents consist of (a) Top Sheet (b) Tender form (First sheet) (c) Special TenderConditions 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 together as one set, failing which thetender is liable to be rejected.

2.1.2 Tender documents can be had from the office of of in the office of the Chief Administrative

Officer/Construction/North Central Railway, Balmik Chowraha, Nawab Yusuf Road, Allahabad- 211001 aswell as Deputy Chief Engineer/Construction/NCR, opposite Jhakarkati Bus Stand, Kanpur, on any working

day from 10.00 hrs to 15.00 hrs up to 01.05.2011 on cash payment of Rs. 5000/- (Rupees Fivethousand)+12.5% VAT only per set, if the same are required by post, an additional sum of Rs.500/- (Rupees

Five Hundred) only should be deposited towards postal charges. The cost of this tender form is not refundable

and the tender form is not transferable. Tenders requested by post will be sent on the risk of the applicant.

2.1.3 Tender documents will also be available on the net and can be down loaded from Railway Web sitewww.ncr.railnet.gov.in. and htpp://tenders.gov.in In case of down loading of tender form, from Railways

web site or India Govt web site, the cost of tender form should be submitted through demand drafts in favour

of FA&CAO/C/NCR/Allahabad along with the tender, otherwise tender will not be considered.

2.1.4 These tender documents must be submitted duly completed in all respects in a sealed cover

superscribed as tender form for the work and should be deposited in the Tender Box in the office ofthe of inthe office of the Chief Administrative Officer/Construction/North Central Railway, Balmik Chowraha, Nawab

Yusuf Road, Allahabad- 211001 & CAO/Indian Railway Project Management Unit,(IRPMU), Shivaji Bridge,

behind Shankar Market, New Delhi up to 15.00 hrs on 02.05.2011. The tenders will be opened at 15.30 hrs

on the same day thereafter and rates read out in the presence of such tenderer/s as is/are present. Tenderswhich are received after the time and date specified above may not be considered. In case the intended date for

opening of tenders is declared holiday, the tenders will be opened on the next working day at the same time.

Tenders sealed and superscribed as aforesaid can also be sent by registered post addressed to the of in the

office of the Chief Administrative Officer/Construction/North Central Railway, Balmik Chowraha, Nawab

Yusuf Road, Allahabad- 211001but tender received after the time and date specified in Clause 2.1.3 above is

liable to be rejected. Any tender delivered or sent otherwise will be at the risk of the tenderer/s.

2.2 COMPLETION OF TENDER DOCUMENTS

2.2.1 The tenderer/s shall quote one uniform percentage rate/s, in figures as well as in words, for all

labour and materials items for Group A of Non-Schedule items in the attached Schedule of items,

Rates and Quantities.Every possible fluctuation, in the rate of labour, material and general commodities,and other possibilities of each and every kind which may effect the rates, should be considered and kept in

view before quoting the rates and no claim on this account shall be entertained by the Railway under any

circumstances except the price escalation payable as per price escalation clause, if any, provided separately in


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the tender documents.

2.2.2 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 or

improper rates are tendered for the same item, the tender is liable to be 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 authorised 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 by him/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 without

assigning any reason. Only those additional conditions, which are explicitly accepted by the Railway, shall

form part of the contract.

2.3 CREDENTIALS TO BE SUBMITTED ALONG WITH TENDER/S.

2.3.1 Tenderer/s should enclose documents and certificates to show that he/they has/have satisfactorilycarried out works of the type involved in the construction of the work being tendered for. He/They should

also produce proof of the satisfaction of the Railway of his/their technical ability and financial capability toundertake the work of the magnitude tendered for.

2.3.2 The tenderer/s shall submit with his/their tender a list of serviceable machinery, tools and plants,equipment and vehicles he/they has/have in hand for executing the work those he/they intends/intend to

purchase.

2.3.3 (A) The tenderer/s must submit along with his/their tenders: -(i) A statement showing similar works executed by him/them.

(ii) Certificates of successful completion of his/their work.

(iii) A Statement of all payments received against all successfully completed work/works in progress of alltypes (not necessarily similar in type to work in this tender) indicating the organizations /units from which the

payments, for three preceding years should be enclosed, duly attested.

(iv) A list of their Engineering Organization and equipments, construction Tools and Plants available,

duly attested.

(v) Eligibility criteria for tenderer/sare as under:-

(a) The tenderer should have completed successfully at least one similar single work for a minimum value

of 35% of advertised cost of work in last three financial years and up to date of opening of tender incurrent year.

Details to be submitted in following form for works completed after 01.04.2008 upto date of opening of

tender as a proof of their Technical experience /eligibility.

SN Name of work Cost of

work

Date of

award

Date of

completion

Client Certificate of

client.


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(b) The tenderer should have received total contract amount of a minimum value of 150% of advertisedcost of work during last three financial years and up to date of opening of tender in current year as

per latest ITCC/audited books of accounts/certificate from Clint.

Details of payment received after 01.4.2008 and up to date of opening of tender as a proof of

their Financial capacity & organizational resources.

SN Financial years Payment Certificate.

1. 2008-2009

2. 2009-2010

3. 2010-2011

4. Current year

Note:

For payment received during current year certificate from client must be submitted.

For last three financial year as proof of payment received. ITCC/Audited balance sheet/certificate ofclient/ Form-16A must be submitted.

vi) Similar nature of works refers to any bridge work involving erection/ launching or re-girdering ofopen web girder done by the contractor.

(vii) If a tenderer has completed a work of similar nature where cement and steel was issued by department

free of cost, tenderer must submit the completion certificate indicating cost of these material and total

cost of work (including cost of cement/steel) shall be considered to decide eligibility or otherwise.

(viii) Contractor has to satisfy the eligibility criteria for technical experience /eligibility, financial capacity

and organization resources.

((ix) Tenders from JVGs/Consortiums/MOUs are not permitted. Eligibility criteria as above must be

fulfilled by the tenderer on the basis of credentials in the name of tendering firm/company andcredentials of constituent partners shall not be considered in favour of tenderer.

(x) Tenderer should submit sufficient proofs to judge overall financial soundness of the tenderer/s basedupon the volume of work handled, turnover, balance sheet etc.

(xi) Tenderer/s should submit the credentials in support of minimum eligibility criteria within 15

days after opening of tender. In case, the tenderers fails /fail to submit the credentials in support ofminimum eligibility criteria within 15 days of opening of tender, then his/their offer shall be

summarily rejected.

2.4 CONSTITUTION OF THE FIRM

2.4.1 The tenderer/s who are constituents of firm, company, association or society must forward attestedcopies 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 to sign them on behalfof 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.

The Railway will not be bound by any power of attorney granted by the tenderer/s or by changes in thecomposition of the firm made subsequent to the execution of the contract. The Railway may, however,

recognize such power of attorney and changes after obtaining proper legal advice, cost of which will be

chargeable to the contractor.

2.4.2(a) If the tenderer expires after the submission of his tender or after the acceptance of his tender, the


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railway shall deem such tender/contract as cancelled, if a partner of firm expires after the submission of theirtender the Railway shall deem such tender as cancelled unless the firm retain its character.

(b) If the contractors firm is dissolved on account of death, retirement of any partners or for any reason

whatsoever, before fully completing the whole work or any part of it, undertaken by the principal agreement

the surviving partners shall remain jointly/severally and personally liable to complete the whole work to the

satisfaction of the Railway and to pay compensation for loss sustained, if any by the Railway due to suchdissolution. The amount of such compensation shall be decided by Chief Engineer/Const. of the Railway and

his decision in the matter shall be final and binding on the contractor.

(c) The cancellation of any document such as power of attorney, partnership deed etc., shall forthwith 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) Tenders from JVGs/Consortiums/MOUs are not permitted. Eligibility criteria as above must be

fulfilled by the tenderer on the basis of credentials in the name of tendering firm/company and

credentials of constituent partners shall not be considered in favour of tenderer.

2.5 INCOME TAX CLEARANCE CERTIFICATE

2.5.1 The tenderer/s shall submit along with his/their tender, the latest valid income tax clearance certificatein original or an attested copy thereof on the proforma enclosed with the tender form as Annexure with all

items completed or the current sworn affidavit duly countersigned by the Income Tax Officer to the effect thathe/they has/have no taxable income. Without ITCC may be considered. In the event of such a tender being

accepted, no payment shall be made to the contractor/s for the work carried out or the material supplied nor

shall the contractor claim such payments till a valid Income Tax Clearance Certificate is produced.

2.5.2 Under Section 194-C of the Income Tax Act 1961 deduction of 2% plus surcharge as applicable on

Income Tax will be made for sums paid for carrying out the work under this contract. In case of supply

contract for ballast, deduction of 2% (Two Percent) Income tax will be made for the sums paid for labourportion only (i.e., loading, unloading, stacking, measurement and laying etc.).

2.6 The value of contract and the quantities given in the attached schedule of items, rates and quantities

are approximate and are given only as a guide. These are subject to variations depending on the finaliseddrawings of the Railway. Any variations/additions and/or omission in the quantum of work to be actually

carried out shall not form the basis of any dispute regarding the rates to be paid and shall not give rise to anyclaim for compensation on account of any increase or decrease either in the quantity or in the contract value.

3. EARNEST MONEY

3.1 The tender must be accompanied by a sum of Rs. 1,87,660/- (Rs One lac eighty seven thousand sixhundred sixty) only as Earnest Moneyin the manner prescribed in Clause 3.2 failing which the tender shall

be summarily rejected.

(a) A sum of Rs. 1,87,660/- (Rs One lac eighty seven thousand six hundred sixty) only towardsEarnest Moneyfor due performance of the stipulation and keep the offer open for the period as specified in

Clause 3.1.1 below.

3.1.1 The tenderer/s shall keep the offer open for a period of 90 days from the date of opening of the

tender in which period tenderer/s cannot withdraw his/their offer, subject to period being extended further, ifrequired, by mutual agreement from time to time. It is understood that the tender documents have been

sold/issued to the tenderer/s and tenderer/s is/are being permitted to in consideration of stipulation on his/their

part that after 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 North Central railway. Should the tenderer/s fail to observe to

comply with the foregoing stipulation the amount deposited, as earnest money for the due performance of the

stipulation and to keep the offer open for the specified period, shall be forfeited to the Railway. The earnest


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money of unsuccessful tenderer/s will be returned to the unsuccessful tenderer/s within a reasonable time, butRailway shall not be responsible for any loss or depreciation that may happen to the earnest money for the due

performance of the stipulation and to keep the offer open for the period stipulated in the tender documents orto the earnest money while in Railway possession nor will 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 be deposited

either in cash with the DCPM/NCR/Allahabad on any working day before 12.00 hrs on 02.05.2011or in anyof the following form.

(a) Deposit receipts, Pay order & Demand drafts pledged in favour of FA & CAO/C/NCR, Allahabad.

These forms of earnest money could be either of the State Bank of India or of any of the NationalizedBanks or by a Scheduled Bank.

N O T E

i. Earnest money which is not in valid form and in favour of specified authority i.e.

FA&CAO/C/NCR, Allahabad, will not be considered as valid and offers with such Earnest

Money will be summarily rejected.

ii. Any request for recovery from outstanding bills for earnest money against present tender will not,

under any circumstances, be entertained. Tenders submitted with Earnest Money in Cheque,Government Securities or in any form other than those specified above shall not be considered.

iii. No interest shall be allowed on the earnest money.

iv. Earnest money in the form of Guarantee Bond shall not be accepted.

4. ACCEPTANCE OF TENDER

4.1 If the tenderer/s deliberately gives a wrong information /whose Credentials /documents in his/their

tenders and thereby create(s) circumstances for acceptance of his/their tender, Railway reserves the right toreject such tender at any stage, besides, shall suspend the Business for One Year.

4.2 The authority for acceptance of the tenders rests with Dy Chief Engineer/C/Kanpur or Chief

Engineer/C/Allahabad as the case may be who does not undertake to assign reasons for declining to considerany particular tender or tenders. He also reserves the right to accept the tender in whole or in part or to

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 India acting

through the C.E./Const./Dy.CE/ Const./SEN/C as case may be for carrying out of the work as per agreedconditions. The cost of stamp for the agreement will be borne by the North Central railway.

4.3.1 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 and regulations forthe time being in force and the contractor shall further observe and comply with the bye-laws and regulations

of the Govt. of India, State Govt. and of Municipal & other authorities having jurisdiction in connectionwith the works or site over operations such as these are carried out by the contractor/s and shall give all

notice required by such bye-laws and regulations. The Hospital and medical regulations in force for the timebeing shall also be complied with by the contractor/s and his workmen.

4.3.2 The contractor shall be responsible for the observance of the rules and regulations under the mines actand mineral rules and Indian Metallurgical rules and regulations of State/Central Govt. concerned as amended

from time to time.

4.3.3 The 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 Mines

Act and rules made there under in respect of quarries from which the ballast for these works is procured.


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4.4 The tenderer/s shall not increase his/their rate in case the Railway Administration negotiates for

reduction of rates. Such negotiations shall not amount to cancellation or withdrawal of the original offer andrates originally quoted will be binding on the tenderer/s.

4.5 The tenderer/s shall submit an analysis of rates if called upon to do so.

4.6 A corrigendum shall be issued in case the increase in quantity on one or more items result an extra

expenditure in excess of 10% of the value of the contract or Rs.50, 000/- whichever is less. For the purpose of

assessing the increase in the quantity and the increase in the value of contract only such of the items in whichthere is any increase shall be taken into account and the saving in other items ignored.

4.7 Non-compliance with any of the condition set-forth herein is liable to result in the tender beingrejected.

5. SECURITY DEPOSIT ON ACCEPTANCE OF TENDER

5.1 The Earnest Money deposited by the Contractor with his tender will be retained by the Railways as

part of securityfor the due and faithful fulfilment of the contract by the contractor. The balance to

make up the security deposit, the rates for which are given below, may be deposited by the

Contractor in cash or may be recovered by percentage deduction from the Contractor's "onaccount" bills.Provided also that in case of defaulting contractor the Railway may retain any amount

due for payment to the Contractor on the pending "on account bills" so that the amounts so retained

may not exceed 10% of the total value of the contract.

5.2 Unless otherwise specified in the special conditions if any, the security deposit /rate of recovery

/mode of recovery shall be as under:

i) Security deposit for each work should be 5% of the contract value.

ii) The rate of recovery should be @ 10% of the bill amount till the full security deposit is recovered.

iii) Security deposits will be recovered only from the running bills of the contract and no other mode of

collecting SD such as SD in the form of instrument like BG, FD etc shall be accepted towards

Security deposits.

5.3 After the work is physically completed, security deposit recovered from the running bills of a

contractor can be returned to him if he so desires, in lieu of FDR/irrevocable Bank Guarantee for

equivalent amount to be submitted by him. The physical completion of the work will be as certified

by the competent authority. The competent authority shall normally be the authority who is competent

to sign the contract. If this competent authority is of the rank lower than JA grade, then a JA grade

officer (concerned with the work) should issue the certificate. The certificate, inter alia, should

mention that the work has been completed in all respects and that all the contractual obligations have

been fulfilled by the contractor/s and that there is no due from the contractor to railways against the

contract concerned. Before releasing the SD, an unconditional and unequivocal no claim certificate

from the contractor concerned should be obtained. The security deposit, however, shall be releasedonly after the expiry of the maintenance period and after passing the final bills based on No

Claim Certificate.

5.4 No interest shall be payable upon the Earnest money and the Security Deposit or amounts payable tothe contractor under the contract, but Government securities deposited in terms of sub clause (1) of

this clause will be payable with interest accrued thereon.


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5.5 PERFORMANCE GUARNTEE

The procedure for obtaining Performance Guarantee is outlined below:

a) The successful bidder shall have to submit a Performance Guarantee (PG)within 30 (thirty) days from the date of issue of Letter of Acceptance (LOA). Extension of time for

submission of PG beyond 30 (thirty) days and upto 60 days from the date of issue of LOA may begiven by the Authority who is competent to sign the contract agreement. However, a penal interest

of 15 % per annum shall be charged for the delay beyond 30(thirty) days ie. From 31stday after

the date of issue of LOA. In case the contractor fails to submit the requisite PG even after

60days from the date of issue of LOA, the contract shall be terminated duly forfeiting EMD and

other dues, if any payable against that contract. The failed contractor shall be debarred from

participating in re-tender for that work.

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

i) A deposit of cash.ii) Irrevocable Bank Guarantee.

iii) Government Securities including State Loan Bons 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 Nationalized banks.v) Guarantee Bonds executed or deposits Receipt tendered by all Schedule Banks.

vi) A Deposit in the Post Office, Saving Bank.vii) A deposit in the National Savings Certificates.

viii) Twelve years National Defence Certificates.

ix) Ten years Defence Deposits.x) National Defence Bonds, and

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

Also FDR in favour of FA & CAO (free from any encumbrance) may be accepted.

NOTE:

The instruments as listed above will also be acceptable for Guarantees in case of Mobilization Advance.

c) The Performance Guarantee shall be submitted by the successful bidder after the Letter of Acceptance(LOA) has been issued but before signing of the contract agreement. This PG shall be initially valid upto the stipulated date of completion plus 60 days beyond that. IN case, the time for completion of work

gets extended, the contractor shall get the validity of PG extended to cover such extended time for

completion of work plus 60 days.

d) The value of PG to be submitted by the contractor will not change for variation upto 25% (either

increase or decrease). In case during the course of execution, value of the contract increases by more

than 25% of the original contract value, an additional performance guarantee amounting to 5% (fivepercent) for the excess value over the original contract value shall be deposited by the contractor.

e) The Performance Guarantee (PG) shall be released after physical completion of the work based on

Completion Certificate issued by the competent authority stating that the contractor has completedthe work in all respects satisfactorily. The security deposit shall however be released only after expiry

of the maintenance period and after passing the final bill based on No Claim Certificate from the

contractor.

f) Whenever the contract is rescinded, the Security Deposit shall be forfeited and the Performance

Guarantee shall be encashed. The balance work shall be got done independently without risk and costof the failed contract. The failed contractor shall be debarred from participating in the tender for

executing the balance work. If the failed contractor is a JV or a Partnership firm, then every


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member/partner of such a firm shall be debarred from participating in the tender for the balance workin his/her individual capacity or as a partner of any other JV/partnership firm.

g) The Engineer shall not make a claim under the Performance Guarantee except for amounts to which

the President of India is entitled under the contract (not withstanding and/or without prejudice to any

other provisions in the contract agreement) in the event of:;

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 Performance

Guarantee.

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 30

days of the service 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.

6 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) North Central Railway General Conditions of Contract and Regulations for Tenders &

Contracts July-2005 (ii) North Central Railway Standard Schedule of Rates 2006 and (iii) North CentralRailway Standard Specifications for Material and Works 2007, copies of all these publications can be

obtained from the office of CE/C, North Central railway, Allahabad on payment as under:

(i) North Central Railway General Conditions of Contract andRegulations for Tenders & Contracts July-2005 Rs. 250/-

ii) North Central Railway Standard Specifications for Material Rs. 1000/-

and Works 2007.

iii) North Central Railway Standard of Schedule of Rates 2006 Rs. 500/-

Demand for these publications from out station will be considered only if a sum of Rs.50/- towards postal

charges is also sent with the cost of the books by money order.

6.2 The following correction slips have so far been issued to the publications mentioned in Clause 6.1

i) North Central Railway General Conditions of Contract Correction Slip dated 12.05.2006.& Regulations for Tenders and Contracts, July-2005 and dated 30.05.2006

ii) North Central Railway Standard Specifications for Material

and Works 2007.iii) North Central Railway Standard of Schedule of Rates 2006

The tenderer/s should particularly note this and obtain copy of the correction slip, which is supplied free of

cost with the publications.

6.3 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 special tender

conditions regarding instructions to tenderer/s, special conditions relating to site data and specificationsand the stipulations contained in the schedule of rates and quantities on the one hand and the NCR

Standard Specifications for Materials and Works 2007, NCR General Conditions of Contract and Regulations

for Tenders & Contracts July-2005 and NCR Standard Schedule of Rates of 2006 on the other hand the formershall prevail.

7. STUDY OF DRAWINGS AND LOCAL CONDITIONS

7.1 The drawings for the works can be seen in the office of the Dy. Chief Engineer/Const/, North Central

railway, Opposite Jhakarkati Bus stand, GT Road, Kanpur.


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It should be noted by tenderer/s that these drawings are meant for general guidance only and the Railway may

suitably modify them during the execution of the work according to the circumstances without making theRailway 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 conditionsregarding

nature and conditions of rails, difficulties involved due to inadequate blocks, due to coordination with S&T atsite, availability of materials water and labour probable sites for labour camps, stores, godowns, etc. The

extent of lead and lift involved in the execution of works and any difficulties involved in the execution of

work should also be examined before formulating the rates for complete items of work described in theschedule.

8. PERIOD OF COMPLETION

8.1 The entire work is required to be completed in all respects within 12 (Tweleve) Monthsfrom the date

of issue of the acceptance letter/telegram. Time is the essence of contract. The contractor/s will be required

to maintain speedy and required progress to the satisfaction of the Engineer to ensure that the work will becompleted in all respects within the stipulated period failing which action may be taken by the Railway

Administration in terms of Clause 17 and/or Clause 62 of the North Central Railway General Conditions of

Contract and Regulations for Tenders & Contracts July-2005.

8.2 The contractor/s shall arrange to execute the different items of works in close consultation with and as

per directions of the Engineer. So that other works being executed in the same area either departmentally orthrough another agency such as insertion of glued joint, Replacement of T/out, TRR etc. are also progressed

concurrently. It may be noted, however, that any delay in the execution of departmental works/other agency

work, 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 Dy. Chief Engineer a monthly progress report of the workdone during the month on 4th of the following month. He will also give to the Dy. Chief Engineer the

programme of work to be done in coming month by 25th of the preceding month. The programme will besubject to alteration or modifications at the direction of the Chief Engineer/Const./Dy. Chief Engineer/Const.

who may discuss such modifications or alterations with the contractor as considered necessary.

Approval of any programme shall not in any way relieve the contractor from any of his obligations tocomplete the whole of the work by the prescribed time or extended time, if any.

9. RATES FOR PAYMENT

9.1 The rates given in the attached schedule of rates tendered by the contractor and as accepted by theRailway 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 Majuro' etc. shall be payable under this contract except price escalation clause payable as per priceescalation clause, if any, provided separately in the tender documents.

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 work is/are

executed. In the event of such agreement not being entered into and executed the Railway may execute these

works by making alternative arrangements. Railways will not be responsible for any loss or damages on thisaccount.

9.3.1 The contractor shall work in close co-operation with the contractor/ departmental staff working in theadjacent sections.

9.4 It should be specifically noted by the tenderers that no separate loading, unloading and leading


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charges for materials (which are supplied by the Railway) shall be paid for by the Railways and the ratesquoted 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 North Central Railway

Standard Schedule of Rates 2006 and 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 shall be treated as

authority and will be binding on the contractor.

9.6 Should there arise any items which may be necessary for the completion of work but which does not

appear in the Schedule of Items, its rate will be fixed by analysis of actual inputs of all types including labourand material or derived from the labour and material rates given in the North Central Railway Standard

Schedule of Rates 2006. The rates for such non-scheduled items occurring during the course of construction

shall be payable subject to the approval of the competent authority.

No items or work requiring non-schedule rates will be carried out unless ordered to do so by the Engineer.

The rates derived from the North Central Railway Standard Schedule of Rates 2006 will be 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 been

executed 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 contract

agreement or otherwise concluded by the parties with mutual consent and full and final payment is made by

the Railway to the contractor for work done under the contract the parties shall execute the supplementaryagreement annexed here to as Annexure-A.

9.8.1 IN CASE OF VARIATION IN CONTRACT QUANTITIES -

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

works contracts:

1. Individual NS items in contracts shall be operated with variation of plus or minus 25% and payment

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

2. In case an increase in quantity of an individual item by more than 25% of the agreement quantity isconsidered unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh

tender for operating that item is considered not practicable, quantity of that item may be operated in

excess of 125% of the agreement quantity subject to the following conditions:a) Operation of an item by more than 125% of the agreement quantity needs the approval of an

officer of the rank not less than S.A Grade.

i) Quantities operated in excess of 125% but up to 140% of the agreement quantity of theconcerned item, shall be paid at 98% of the rate awarded for that item in that particular tender:

ii) Quantities operated in excess of 140% but up to 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 be

permitted 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 quantities beyond 150% of the overall agreemental value should not be permittedand, if found necessary, should be only through fresh tender or by negotiating with existing

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:


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a) The contract signing authority can decrease the items upto 25% of individual item withoutfinance concurrence.

b) For decrease beyond 25% for individual items or 25% of contract agreement value, theapproval of an officer not less than rank of SA grade may be taken after obtaining No claim

certificate from the contractor and with finance concurrence, giving detailed reasons for each

such decrease in the quantities.

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

4. The limit for varying quantities for minor value items shall be 100% (as against 25% prescribed forother items). A minor value item for this purpose is defined as on item whose original agreement

value is less than 1% of the total original agreement value.

5. No such quantity variation limit shall apply for foundation items.

6. As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as awhole 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 rate or

individual item rate).

7. For the tenders accepted at Zonal Railways level, variations in the quantities will be approved by theauthority in whose powers revised value of the agreement lies.

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

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

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 of contract

agreement), sanction of the competent authority as per single tender should be obtained.

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 dug and connected with each other in the formation of a drain directed towards the

lowest level and properly sloped for discharge into a river, stream, channel or drain and no person shall createany isolated borrow pit which is likely to cause accumulation of water which may breed mosquitoes.

9.9.2 Non fulfillment 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 each breachand in addition to that contractor further undertake to pay the amount incurred by the Railway in getting the

said job/s done at the risk and cost of the contractor. Besides this, the contractor will also be held responsiblefor any laws for contravening them.

10. 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 bedeputed by the Engineer and during the progress of works to amend on the requisition of the Engineer any

errors which may arise there in and provide efficient and sufficient staff and labour thereon. The contractor

shall also alter or amend any errors in the dimension lines on levels to the satisfaction of the Engineer or hisauthorized 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,


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land marks, points, burjies, monuments, centre line pillars, reference pillars, etc. and shall take all necessaryprecautions to prevent their being removed altered or disturbed and will be responsible for the 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,

building, fences, walls, towers, drains, road paths, waterways, foreshores banks, bridges, Railway ground

and overhead electric lighting, the telegraphs/ telephones and crossing water service main pipes andcables and wires and altogether matters and things of whatever kind not otherwise herein specified other

than those specified or directed to be removed or altered which may be interfered with or which likely to

be affected disturbed or endanger by the execution completion of maintenance of the works and shallsupport provided under this clause to such cases as directed by the Engineer. No payment shall be made by

the Railway to the contractor for these works on account of 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 andcircumstances may warrant. These will not form the basis of any claim and or dispute for compensation of

any kind.

11. 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 reasons as and

when considered necessary by the railway. The percentage rates for the schedule items and items rates forthe non-schedule items quoted by the contractor as may be accepted by the railways will, however, hold

good irrespective of any changes, modifications, alterations, additions, omissions in the locations ofstructures and detailed drawings, specifications and/or the manner of executing the work.

11.2 It should be specifically noted that some of the detailed drawings may not have been finalized bythe 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 thework/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 material as

are required to be arranged by the Railway or due to any other factor on Railway Accounts.

12 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 contractor's request or in order to prevent any avoidable delay in

the execution of work due to the contractor's inability to make adequate timely arrangements for supplythereof or for any other reason, recovery will be made from the contractor's bill either at the market

rate prevailing at the time of supply or at the book rate which ever is greater, plus fixed departmental

charges viz. freight at 5% (8.33% for items of Iron and G.I. pipe steel) incidental charges at 2% and

added on total cost supervision charges at 121/2%. No carriage or incidental charges will be borne by theRailway.

12.1.1 In the case, cement and/or steel is issued to the contractor/s free of cost or on cost to be recovered for

use on the work, the supply thereof shall be made in stages limited to the quantity/quantities computed bythe Railway according to the prescribed specifications and approved drawings as per the agreement. The

cement and/or steel issued in excess of the requirements as above shall be returned in perfectly good

conditions by the contractor to the Railway immediately after completion or determination of the contract. Ifthe contractor/s fail/s to return the said stores, then the cost of cement and/or steel issued in excess of the

requirement computed by the Railway according to the specifications and approved drawing will be

recovered from the contractor/s @ twice the prevailing procurement cost at the time of last issue viz.(purchase price + 5% freight only). This will be without prejudice to the right of the Railway to take

action against the contractor/s under the conditions of the contract for not doing/completing the work

according to the prescribed specifications and approved drawings. If it is discovered that the quantity of


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cement and or steel used is less than the quantity ascertained as herein before provided, the cost ofthe cement and/or steel not so used shall be recovered from the contractor/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 materials

issued 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 cement while transportingcement, steps should be taken to safeguard against cement becoming damp or wet due to moisture or rain. The

contractor will also be responsible for storing cement in damp proof conditions at site of work at his own cost

in accordance with the standard specifications. The Engineer shall decide whether the cement stored in thegodown is fit for the work and his decision shall be final and binding on the contractor/s.

12.2 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 materials will be arranged by the Railway

according to this schedule unless otherwise modified by the Railway due to additions or alterations in the

approved plans. No claim whatsoever will be entertained by the Railway on account of late supply of such

materials as are required to be arranged by the Railway.

12.3 SUPPLY OF CEMENT AND STEEL BY THE RAILWAYS

12.3.1 Cement, Mild Steel/H.Y.S.D./Bars/RSJ/MS Plate, etc. to be supplied by the Railway to the extent aswould 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 conditions relating to site dataand specifications at construction store godown. The contractor will be required to lead the same to the site of

work at his own cost subject to payment at the rate as quoted 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. will

have 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 contractor

and the cost of the same shall be recovered at the rate of Rupees Two per empty cement bag from the on

account bill of the contractor in case the cement is supplied in Jute bags. No recovery on account of empty

cement bags shall be made from the contractor, in case the cement is supplied in H.D.P.E. bags. The Railway,however, reserves its right to take empty bags as are in good conditions and in that case no recovery will be

made for bags so taken back. These rates will apply for bags deteriorated while in use and not foundacceptable to the Railway so taken back form the contractor.

13 SUPPLY OF MATERIALS BY THE CONTRACTOR/S

13.1 Materials used in the work by the contractor shall conform to the North Central railway Standard

Specifications and the relevant I.S.I./I.R.S Specifications, and should be approved by the Engineer

before 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

be paid for the materials, tools and plants and tools arranged and brought by the contractor to the site

of work. However service tax will be borne by the railway subject to produce of proof of payment ofservice tax by the firm for this work.

14. SERVICE ROADS

14.1 The contractor/s shall make his/their arrangements for service roads, paths etc. for carrying his/their

tools and plants, labour and materials, etc. and will also allow the Railway use of such paths and


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service roads, etc for plying its own vehicles free of cost. The tenderer/s will be deemed to have

included the cost of making any service roads, roads or paths, etc., that may be required by

him/them for plying his/their vehicles for the carriage of his/their men and materials, tools,

plants and machinery for successful completion of the work. Similarly, any other feeder road

connecting any of the existing roads will be made by the contractor at his/their own cost including any

compensation that may be required to be paid for the temporary occupation and or usage of Govt. and

or private land and without in any way involving the Railway in any dispute for damage and/orcompensation.

14.2 In case the Railway has its own paths, service roads, the contractor/s will be allowed to use of suchpaths or service roads free of cost. He/They shall, however, in no way involve the Railway in any

claims or dispute of whatever kind due to the inaccessibility of such paths or service roads or due to

their poor condition and or maintenance or their being to be blocked and/or closed.

14.3 The rates quoted by the contractor as per Schedule of Items, Rates and Quantities shall form the basis

of `on account payment' for the various items under this contract.

14.4 In the course of execution of various items of work under Schedule of Items, Rates and Quantities

running bills payment for partly completed works will be made to the contractor. The quantum of

such work for payment shall be decided by the Engineer-in-charge whose decision shall be final and

binding on the contractor.

14.5 No on account payment by the Railway shall protect the contractor/s against or prevent the Railwayfrom recovering from the contractor/s any over payment made to him/them.

14.6 Final payment of the balance amount due, exclusive of the security deposit required in terms ofClause-5 of these special conditions, will be made after the completion of the entire work and on

the certification of the Engineer that work has been completed in all respects and found satisfactory.

15. EMERGENCY WORK

15.1 In the event of any accident or failure occurring in or about the work of arising out for or in

connection with the construction completion or maintenance of the work which in the opinion of

the Engineer require immediate attention, the Railway may be with its own workmen or otheragency execute or partly execute the necessary work or carry out repairs if the Engineer considers

that the contractor is not in a position to do so in time and charge the cost thereof, as to bedetermined by the Chief Engineer/Const. to the contractor.

15.2 In terms of clause 32 of NCRGCC of July-2005, the material and plants brought by the contractor onthe site or land occupied by the contractor in connection with the works and intended to be used for

execution thereof shall immediately, they are brought upon the sites of this said land be deemed to be

the property of the Railway. Vehicles, equipments, plants and machinery of the contractor can be

drafted by the Railway Administration at their discretion in case of accidents, natural calamitiesinvolving human lives, breaches, stoppage of train operations or any contingencies which requires

such requisitioning and essential. The decision in this regard of the Engineer in charge or hissuperiors i.e. Sr. Engineer /Executive Engineer /Dy. Chief Engineer etc. shall be final and beyond the

ambit of arbitration clause i.e. exception to arbitration clauses.

15.3 In term of the clause 2.3..3, tenderer is required to submit the list of equipment, machinery,

construction tools and plants, staff available /deployed at site. The successful tenderer on receipt ofacceptance letter and conveying their consent, shall submit name, addresses, telephone numbers, fax

nos,/E-mail address of the persons to be contacted for requisitioning the above items as detailed in

fore-going clauses 15.2 and notify from time to time if any change in the list of equipments /machineryor the addresses /individual to the Engineer in charge in writing. The name and address, telephone

nos and the contractor officials name shall also be displayed at the site of work.


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15.4 The man power, consumable items and maintenance of the above tools & plants when requisitionedshall be the responsibility of the tenderer /contractor so that the equipments, machinery, tools &

plants shall be available for effective utilization at the accident sites, natural calamities, breachessites etc.

15.5 The hire charges per annum shall be calculated at the following rates on the purchase cost of the

plant as under:-

(i)

Depreciation charges at the following rates:

(a) Light plants 16% per annum

(b) Heavy plants 10% per annum(c)

Special plants 6% per annum

(ii)

An additional 10% on the total of (i) above to meet contingencies.

(iii) 10% contractor profit on total cost as detailed (i) to (ii).

(iv)

The hire charges per day shall be arrived at dividing the annual hire charges of total of (i) to

(iii) above by 365 which shall be the assumed number of working days in year for this

purpose. These hire charges will be payable from the day the plant is handed over to the

Railway to date on which it is returned to the contractor by Railway.

(v)

The contractor man-power charges shall be payable @ minimum wages as notified by theState Govt /Local bodies /Labour deptt as the case may be for highly skilled, semi skilled

personnel drafted for operating the plant & machinery.

(vi)

The payments for the fuel cost shall be paid on the basis of the actual expenditure incurred by

the contractor for purchases + 10% contractors profit thereof which will be the payments

towards his miscellaneous expenses too.

16. NIGHT WORK

16.1 If the Engineer is satisfied that the work is not likely to be completed in time except by resorting to

night work, he may order without confirming any right on the contractor for claiming any extrapayment for the same.

17. DISPOSAL OF SURPLUS EXCAVATED MATERIALS

17.1 The contractor shall at all time keep the site free from all surplus earth, surplus materials, and allrubbish which shall arise from the works and should dispose of the surplus excavated

materials as ordered by the Engineer failing which it will be done at the cost of the contractor and

cost will be deducted from his dues.

17.2 The contractor shall within 15 days of completion of entire works remove all unused and surplus

materials tools and plants staging and refuge or other materials produced by his operations andshall leave the site in a clear and tidy conditions.

18. SITE INSPECTION REGISTER

18.1 A site inspection register will be maintained by the Engineer or his representative in which thecontractor will be bound to sign day to day entries made by the Engineer or his representative.

The contractor is required to take note of the instructions given to him through the site

inspection register and should comply with the same within a reasonable time.

18.2 The contractor shall, from time to time (before the surface of any portion or the site is interfered

with or the work thereon begun) take such levels as the Engineer may direct in his presence or any


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person authorized by him in writing. Such levels approved and checked by him or such authorizedpersons shall be recorded in writing and signed by the contractor and shall form the basis of the

measurements. Immediately before any portion of the work, below water level is started the existingwater levels are to be taken and recorded in a similar manner.

19. The contractor shall have to make and maintain at his own cost suitable approach road and path, etc.

for proper inspection of the various works. He shall also provide all facilities as required by theEngineer such as protective clothing, stop watch, goggles and other appliances for satisfactory

inspection of the works and places where materials for the work are stored or prepared.

20. OPENING UP OF WORK OR MATERIALS FOR INSPECTION OR TEST

20.1 Should the Engineer, or any representative consider it necessary for the purpose of enablinginspection of tests analysis to be made to verify or ascertain the quality of any part of the works

or of any materials, the contractor shall as and when required by the Engineer or his representatives

open up the work or materials for inspection or test or analysis, pull down or cut into any part of the

work to make such openings, into under or through any part of the works as may be directedand shall/provide all things facilities which in the opinion of the Engineer or his representative are

necessary and essential for the purpose of inspection or test or analysis of the works or of any part

thereof or the materials, or of workmanship and the contractor shall close up, cover, rebuild and

made good the whole at his own cost, as and when directed by and to the satisfaction of Engineerprovided always that of the work in the opinion of the Engineer is found to his satisfaction and in

accordance with the contract. The excess expenditure in such examination, inspection or test shall,upon the certificate of the engineer, be borne by the Railways.

20.2 SITE INSPECTION

20.2.1 Contractor will provide One good vehicle preferably ETW-MNQ or equivalent atETAWAH/MAINPURI in working condition for the inspection of Railway officials of work site

between Etawah-Mainpuri sectiontill the completion of work.Nothing extra shall be paid on thisaccount and no dispute /claims will be entertained on this account.

21 GENERAL

21.1 PROVISION OF LIGHT SIGNALS ETC.

The contractor/s shall make such provision for lighting the works, materials and plant and provide

all such marks and lights, signals and other appliances as may be necessary or as may be required

by the Engineer or other responsible authorities during the execution completion andmaintenance of the work and shall provide all labour, stores, etc. required for their efficient

working and use at any time of day or night. He/They shall also provide all arrangement of every

description of watching and maintenance required in connection with the foregoing and all other

services for protection of any securing all dangerous places whether to the contractor's workmen orto other persons and or vehicular traffic until the work is certified by the engineer to have been

completed and taken over in accordance with the contract.

21.2 The contractor/s will provide upon the works to the satisfaction of the Engineer and at such, places ashe may nominate, proper and sufficient life saving, fire fighting and first aid appliances which

shall at all times be available for use.

21.3 LABOUR CAMPS

Land for setting up a workshop by the contractor or for his labour camp or for any other purpose, shallhave to be arranged by the contractor at his own cost and under his own arrangements. The contractor,

however, will be permitted to make use of the railway land to the extent that can be made available to

him free of cost, by the railway in the vicinity of the site of works. The contractor/s shall at all times


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be responsible for any damage or trespass committed by his agent and workmen for carrying outthe work.

21.4 The Railway Administration may recommend to the concerned authorities the issue of necessary

transport permits for the work. The contractor shall, however, furnish full justification for the above

facilities, to enable the Railway Administration to address the State Government or other authorities

in this connection. The contractor shall also maintain regular logbook of receipts and issue of thematerials to work, if so required by the Civil Authorities. No claim would, however, be entertained by

the non-issue of any priority permits or owing to any interruption in supply.

21.5 No claim for idle labour and or idle machinery etc. on any account will be entertained. Similarly no

claim shall be entertained for business loss or any such loss.

21.6 The tenderer welder /supervisor must have mobile phone for better communication.

22.0 Attention is invited to Clause 17(2) of the North Central Railway General Conditions of Contract and

Regulations for Tenders & Contracts July-2005 and Clause 8.1 of tender conditions according towhich time is the essence of the contract.

23. MAINTENANCE PERIOD

23.1 The contractor will have to maintain the work for a period of 12 Monthsas per Clause-47 of the

North Central Railway General Conditions of Contract and Regulations for Tenders & Contracts July-2005 from the date of issue of completion certificates by the engineer except for earthwork and supply

of materials for which there will be no maintenance period.

24. SALESTAX/TURN OVER TAX/LOCAL TAX/ VAT, ETC.

Sales tax including turn over tax on works contract, octroi, royalty, toll tax, local tax, duties/Levies as

well as services and any other tax levied by central govt. state govt. or local bodies, as applicable onthe date of quoting the rates and any change there-in at a later date, shall be considered to be included

in the rates quoted by Tenderer/s in the Tender Schedule.

Railways shall deduct the sales tax/Turn Over Tax or any other tax from the Contractors bill at therate as applicable as per rules framed by concerned Govt./Local bodies from time to time and remit it

to concerned deptt. and shall issue a certificate regarding Tax/Duties/Levies so deducted on demandby the contractor.

Contractor should deposit receipt of royalty (MM-11) for all the items which covered under

royalty charges with every on account bill.In case, they fails to submit the same necessary amount

as per prevailing rates notified by the State Govt will be deducted from contractors bills and shall be

deposited with the deptt concerned.

24. Successful tenderer on account of contract will have to furnish contractor bank account no, Name of

bank against which all payment in respect of contract during the currency of the contract shall bemade.

Address:

Dy. Chief Engineer/Const,

________________________________ North Central Railway, Kanpur.________________________________ For and on behalf of the President of India.


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Annexure -A

SUPPLYMENTARY AGREEMENT

Articles of agreement made this day ______ in the year Two Thousand and ____________ between the

president of India, acting through the __________________Northern Railway, Administration having his

office at ___________________herein after called the Railway of the one part and

_______________________of the second part. Whereas the party hereto of the other part executed anagreement with the party hereto of the first part being agreement.

Number_________________________________dated______________ for the performance

_______________________herein after called the Principal Agreement.

And whereas it was agree by and between the parties hereto that the works would be completed by the party

hereto of the second part on _______________________date last extended and whereas the party hereto ofthe second part has executed the work to the entire satisfaction of the party hereto of the first part and whereas

the party hereto of the second part diverse sums from time to time aggregating to

Rs._______________including the final bill bearing voucher No.

___________________________dated______________( the receipt of which is hereby acknowledged by theparty hereto of the second part in full and final settlement of all his/its claims under the principal agreement.

And whereas the party hereto of the second part have received further sum of Rs. _________

Through the final bill bearing voucher No.________________________dated:____________(the receipt ofwhich is hereby acknowledged by the party thereto of the second part) from the party hereto the first part in

full and final settlement of all his/its disputed claims under principal agreement.

Now, it is hereby agreed by the between the parties in the consideration of sums already paid (by the party

hereto of the first part to the party hereto of the second part against all outstanding dues and claims for, allworks done under the aforesaid 0principal agreement including/excluding the security deposit the party hereto

of the second part have no further dues of claims against the party hereto the first part under the said principal

agreement. It is further agreed by the between the parties that the party hereto of the second part has accepted

the said sums mentioned above in full and final satisfaction of all its dues and claims under the said principalagreement.

It is further agreed and understood by and between the parties that in consideration of the payment already

made under the agreement, the said principal agreement shall stand finally discharged and rescinded all theterms and conditions including the arbitration clause.

It is further agreed and understood by and between the parties that in consideration of the payment already

made under the agreement, the said principal agreement shall stand finally discharged and rescinded all the

terms and conditions including the arbitration clause.

It is, further agreed and understood by and between the parties that the arbitration clause contained in the said

principal agreement shall cease to have any effect and /or shall be deemed to be non-existent for all purposes.

Signature of the contractor/s. : for and on behalf of thePresident of India.

1.____________________________ : Witness______________

2._____________________________ _____________________

Address:________________________________


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ANNEAURE-B

MODEL FORMAT OF BANK GUARNTEE FOR OBTAINING

PERFORMANCE GUARNTEE

In consideration of the President of India (herein after called the Government) having agreed to

exempt __________________________________ (hereinafter called the said Contractor)s) from

the demands, under the terms and conditions of an Agreement dated _______________madebetween __________________and _________________for ______________(hereinafter called the

said Agreement), of security deposit for the due fulfillment by the said Contractor(s) of the terms

and conditions contained in the said Agreement, on production of a bank Guarantee for Rs.

________________ (Rupees _____________________ only). We, _______________ (hereinafter

referred to as indicate the name of the bank the Bank) at the request of ____________________

(Contractor(s) do hereby undertake to pay to the Government an amount not exceeding Rs.

_____________________against any loss or damage caused to or suffered or would be caused to or

suffered by the Government by reason of any breach by the said Contractor(s) of any of the terms or

conditions contained in the said Agreement.

2. We ___________________________do hereby undertake indicate the name of the bank to

pay the Amounts due and payable under guarantee without any demand, merely on a demand from

the Government stating that the amount / claimed is due by way of loss or damage caused to or

would be caused to or suffered by the Government by reason of breach by the said Contractor(s) of

any of the terms or conditions contained in the said Agreement or by reason of the contractor(s)

failing to perform the said Agreement. Any such demand made on the bank shall be conclusive as

regards the amount due and payable by the Bank under this guarantee. However, our liability under

this guarantee shall be restricted to an amount not exceeding Rs. ________________.

3- We undertake to pay to the Government any money so demanded notwithstanding any

dispute or disputes raised by the contractor(s) / supplier(s) in any suite or proceeding pending before

any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal.

The payment so made by us under this bond shall be a valid discharge of our liability for

payment there under and the contractor(s) / supplier(s) shall have no claim against us for making

such payment.

4- We, ________________________further agree that the (indicate the name of the bank)

guarantee herein contained shall remain in full force and effect during the period that would be taken

for the performance of the said Agreement and that it shall continue to be enforceable till all the dues

of the Government under or by virtue of the said Agreement have been fully paid and its claims

satisfied or discharged or till _________ Office / Department) Ministry of

________________certifies that the terms and conditions of the said Agreement have been fully and

properly carried out by the said Contractor(s) and accordingly discharges this guarantee. Unless a

demand or claim under this guarantee is made on us in writing on or before the__________________ we shall be discharged from all liability under this guarantee thereafter.

5- We ______________________further agree (indicate the name of the bank) with the

Government that the Government shall have the fullest liberty without our consent and without

affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said

Agreement or to extend time of performance by the said contractor(s) from time to time or to

postpone for any time or from time to time any of the powers exercisable by the Government against

the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said


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agreement and we shall not be relieved from our liability by reason of any such variation, or

extension being granted to the said Contractor(s) or for any forbearance, act or omission on the part

of the Government or any indulgence by the Government to the said Contractor(s) or any such matter

or thing whatsoever which under the law relating to sureties would, but for this provision, have effect

of so relieving us.

6- This guarantee will not be discharged due to the change in the constitution of the Bank or the

Contractor(s) / Supplier(s).

7- We,_________________________ (indicate the name of the bank) lastly undertake not to

revoke this guarantee during its currency except with the previous consent of the Government in

writing.

Dated the ____________ day of ___________2008

for _____________________________________

(Indicate name of bank)


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SPECIAL CONDITIONS RELATING TO SITE DATA AND SPECIFICATIONS

Name of work : Transportation, Fabrication, Assembly, erection and launching of

superstructure of 1x61 m open web girder span and fixing of steel channel sleepers for

bridge no. 47 over Kanpur branch canal between Mainpuri- Karhal in c/with

construction of new rail line between Etawah-Mainpuri of ALD Dvn. of N.C.Rly.

1.0 SCOPE OF WORK :

1.1 Supplying and fabrication of steel open web girder for 1x61m and transportation ofgirder from Bridge Workshop, Central Railway, Manmad and their assembling,erection and launching of girder as per RDSO drg /approved NCR drawings will bedone by well known jig method. New jigs if required will be made after propertemplating and making master templates and getting them certified by railwaysauthorized inspecting official.

1.2 Open web girders after transportation will be required to be trial assembled at the

nearest space available at site on camber jacks as per details out lined in Page No.-31 of IRS B-1/1979. All the cost of developing and mentioning jigs, doing trialassembly of each span will have to be organized by the contractor at his own costinclusive of labour, plant and machinery etc.

1.3 Contractor will be responsible for making material dumping and girder erection yardas per requirement for which no extra payment will be made by the railway to thecontractor.

1.4 After successful inspection of the fabricated components, appropriate surfacetreatment as specified by the railway shall be rendered.

1.5 Approved drawings for the girder can be seen in the office of the Dy.CE/C/Kanpur. Itis only for the purpose of making bidder aware and rough quantum and nature of jobinvolved. Also no claim in this regard will be accepted as the work has to be done asper approved drawings for open web girder for MBG loading only.

1.6 Fabricated components are required to be passed through authorized inspectingagency. After surface treatment these component will be loaded in truck /trailor andtransporting to bridge no.47 site, unloading them in safe condition and handle themin presence of Railway authorized representative and get it notified in register ofAuthorized railway representative.

1.7 Tenderer will submit detailed scheme for fabrication of necessary component ofgirders mentioning quality control stage during various stages of fabrication likely toembosses i.e. templates, cutting, making, jigs and fixtures, jig fittings, initialassembly, final assembly metalizing etc. Tenders will give list of various facilities,plant and equipment available with them.

1.8 Contractor will make out the detailed layout including center line of the bridges andapproaches and complete layout with machinery or concrete pillars in proper lines,levels, benches mark as directed by Engineer-in-charge and maintaining the same


24/92



during working of the contract. Nothing extra shall be paid of this account hencetenderers should quote his rates inclusive of above cost.

1.9 Designing of the temporary supports and structure and submission of drawings anddesign of the same to the Railway for approval. All fabrication, assembling, erectionand launching works of both girders bridges shall be executed with the temporarystructure, only after their drawings are approved by Railway. No separate payment

will be made for this activity and its cost will be considered to be included in the rateof the respective item of construction of the structure i.e. fabrication, assembling anderection and launching of the temporary structures is included in the item rates.Nothing extra shall be paid over the NS-1 items.

1.10 Contractor has to launch the girder by his own launching scheme only after obtaining dueapproval from Railways to use the launching scheme. He will submit his scheme oflaunching along with necessary drawings and design calculations as required for theapproval of the Railway. However, conceptual launching scheme may be seen in the officeof the Dy. CE/C/Kanpur office.

1.11 Tenderer/s are advised strictly to visit the site of work and take all physical site conditions

like OHE wires, canal flowing below, safety of trains, lead, lift skew angles etc. prior toquoting their rates.

1.12 The contractor will take all safety precautions that will be necessary in consultation withconcerning irrigation department officials for working over the canal, nothing extra shall bepaid on this account.

1.13 The contractor will take all safety precautions that will be necessary in consultation with theRailways regarding precaution to be taken by him during launching of 1x61m steel throughgirder over Kanpur branch Canal for bridge No. 47. He should ensure that there should beno interruption to flow of canal during working and no unsafe condition to be created by himor his staff which may create danger to canal operations.

1.14 Notwithstanding the above, the contractor shall be fully responsible for any mishap that anyoccur as a result of the negligent working. Decision of the Railway will be final in this matterand will be considered Excepted Matter in addition to other matter mentioned in Clause-63of NCR G.C.C- July 2005.

1.15 Contractor has to indemnify the Railway from all kind of losses suffered by Railway duringexecution of work or on account of poor work man ship.

1.16 All works for temporary staging etc. will be done by contractor with his own material and T&Pand nothing extra will be paid.

1.17 Any other items of work not detailed, but considered essential for the successful completionof the work to be paid extra at mutually agreed rates.

2.0. Brief description of site2.1 The site of bridges is situated over Kanpur Branch canal between Karhal-Mainpuri on

Etawah-Mainpuri section of North Central Railway. The site of execution of work is aboveperennial nature of canal under bridge No.47.

2.2 The site of execution of work is very close to road traffic near canal.

2.3 The information is only for the guidance of the contractors and they are strongly advised to


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visit the site and ascertain all site conditions regarding nature of soil, availability of labours &materials, water for the work and drinking purposes, site for labour camps, stores, godownapproach road etc. extent of lead and lift involved In execution of work and other difficultiesinvolved in location of work. No claim shall be entertained for any deviation from theinformation given above.

2.4 The successful tenderer after the award of contract and before the work is started by him,will prepare and submit the detailed programme in form of Bar/CPM chartto execute thework within stipulated period of completion for the approval of Engineer in charge. However,any approval of the programme will not relieve the contractor of his responsibility for timelycompletion of the work.

3.0 CODES & SPECIFICATIONS:

3.1 (a) The specifications mentioned in special conditions regarding Site Data and Specifications shall be

prime governing.

(b) Where there is conflict between IRS & IS Specifications, IRS specifications shall prevail.

( c) Where there is no provision of specifications in IRS, the IRC conditions shall be followed.

(d) For items not covered in IRS/IRC specifications, BS-5400 Part 1 to 10 may be followed.

ncr launching 020511

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