western railway [ construction ] -...

DOWN LOADED FROM INTERNET

WESTERN RAILWAY [ CONSTRUCTION ]

Tender No: RTM/DINL/DY.CE/C/III/23 (HIRING VEHICLE)

Signature of Tenderer/s. For Deputy Chief Engineer ( C)III,Western Railway, Ratlam (MP)

For and on behalf of the President of Union of India.

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INSTRUCTIONS TO TENDERERS REGARDING TEDER FORMSDOWNLOADED FROM INTERNET

1. Tender file is to be down loaded from the internet and printout is to be taken of A-4size paper and details are to be entered by the tenderer at the various locations inthe document. It is advisable that the down loaded tender document to be printedthrough laser printer only. Submission of Zerox or photocopy of tender document isprohibited.

2. This tender document (in full) downloaded along with the various documentsrequired to be submitted as per the tender conditions in a sealed cover dulysubscribing with the name of the work, tender notice no. and date submission oftender downloaded from the internet etc and the same should be dropped in thetender box kept in the Office of Dy. Chief Engineer (Construction) W. Rly. Ratlam(MP) before the date and time stipulated in the tender document.

3. The tender documents are available on Western Railway website i.e.www.wr.indianrail.com.gov.in. and the same can be downloaded and used as tenderdocument after submitting the offer. The cost of tender document as indicated inthe tender document will have to be deposited by the tenderer in the form of bankdraft payable in favour of Sr. Assistant Finance Adviser (S&C) W.Rly. Ratlam alongwith the tender document. This should be enclosed as a separate Demand Draft andnot included in the Earnest Money. A single demand draft for the cost of tenderform and Earnest Money Deposit will not be accepted. Tender not accompanied withthe demand draft towards the cost of the tender document will be summarilyrejected.

4. The earnest money deposit required for this work as stipulated in tender documentalso to be submitted separately.

5 Tenderers are advised to download tender documents well in advance and submitthe tender before the stipulated time. It is the responsibility of the Tenderer to checkany correction or any modifications published subsequently in Web site and thesame shall be taken into account while submitting the tender. Tenderer shall download corrigendum (if any) print it out, sign and attach it with the main tenderdocument Tender document not accompanied by published corrigendum/s is liableto be rejected. The Railway will not be responsible for any postal delays/delay indownloading of tender document from the internet.

6. The tenderer may please note that the rate for items should be written in figures andin words or blue ball point pen only. Each page of tender document should besigned by the tenderer.

7. Tenderer/s are free to download tender document at their own risk and cost, for thepurpose of perusal as well as for using the same as tender document for submittingthe offer. Master copy of the tender document is available in the Office of Dy.ChiefEngineer (Construction) W.Rly. ,Ratlam After award of work an agreement will beprepared based on the master copy of tender document available in the abovementioned office. In case, any discrepancy between the tender documentdownloaded from the internet and the master copy, latter shall prevail and will bebinding on the tenderer/s. No claim on this account will be entertained.T

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http://www.wr.indianrail.com.gov.in.






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8. If any change / addition /deletion is made by the Tenderer / Contractor and thesame is detected at any stage even after the award of the tender, full earnest moneydeposit will be forfeited and the contract will be terminated at his/their risk andcost. The tenderer is also liable to be banned from doing business with Railwaysand/or prosecuted.

9. The following declaration should be given by the tenderer while submitting the tender :

(a) I/We have downloaded the tender form from the internet sitewww.wr.indianrail.com.gov.in. and I/We have not tampered/modified the tenderforms in any manner. In case, if the same is found to be tampered/modified I/Weunderstand that my/our tender will be summarily rejected and full earnest moneydeposit will be forfeited and I/We am/are liable to be banned from doing businesswith Railways and/or prosecuted.

(b) I/We submitting a demand draft No.____________________ dated _______________issued by __________ for Rs. _________ towards the cost of tender form.

Signature of Tenderer Dated Address

http://www.wr.indianrail.com.gov.in.






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START THE TENDER DOCUMENT

1. Name of work : Hiring of vehicle Armada / Marshal /Scorpio/ Tata Sumo /ToyotaQualis/Travera / Bollero/ Innova make including maintenance Major / Minor repairs costof lubrication, fuel, drivers and all other ancillary costs etc. complete at Ratlam station forDeputy Chief Engineer (Construction) III, Ratlam in connection with Construction of newBG line between Dahod – Indore section of Western Railway.

2. Approximate cost : Rs. 185319/- of work

3. Earnest money : Rs. 3710/-

4. Completion period : 09 (Nine) months including monsoon.

Tender Sale Closing date At 11.30 hours on 22-01-2010Tender Box Closing date At 15.00 hours on 22-01-2010Tender Opening date At 15.30 hours on 22-01-2010

NOT TRANSFERABLE

Issued by : Dy. Chief Engineer (Construction) III, Western Railway, Ratlam (M.P.)

Issued to : --------------------------------------------------------

--------------------------------------------------------

Dy. Chief Engineer (Construction) III, Western Railway, Ratlam ( M. P.)






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FIRST SHEET

Name of work : Hiring of vehicle Armada / Marshal /Scorpio/ Tata Sumo /ToyotaQualis/Travera / Bollero/ Innova make including maintenance Major / Minor repairs costof lubrication, fuel, drivers and all other ancillary costs etc. complete at Ratlam station forDeputy Chief Engineer (Construction) III, Ratlam in connection with Construction of newBG line between Dahod – Indore section of Western Railway.

To,

The President of India,Acting through the Deputy Chief Engineer (Construction) III ,Western Railway, Ratlam (MP)

I/We___________________________________________have read the various conditions to

tender attached hereto and hereby agree to abide by the said conditions. I/We also agree

to keep this tender open for acceptance for a period of 120 days from the date fixed

for opening the same and in default thereof, I/we will be liable for forfeiture of my/our

"Security Deposit". I/we offer to do the work for Chief Administrative Officer( Construction),

Western Railway, Churchgate, Mumbai-400 020 /Chief Engineer (C&S), Western Railway,

Churchgate, Mumbai / Dy. Chief Engineer (C) Western Railway, Ratlam. at the rates

quoted in the attached schedule and hereby bind myself /ourselves to complete the work

in all respect within 09 ( Nine ) months including monsoon from the date of issue of letter

of acceptance of the tender. I/we also hereby agree to abide by the General Conditions of

Contract (New edition - 1998)and corrected upto printed correction slip No. 5, circulated

vide CAO (C) CCG's No. G-53/6 (S&C) Vol. II (L) CCG dated 10/24-07-2006 and guidelines

issued by Board's letter No. 2003/CE-I/CT/4/PT. II dated 12/16-05-2006 and 30-05-2006

circulated vide CAO (C)'s letter No. WNC-623/0 Vol. V dated 20-07-2006 and further guide

lines issued vide Board's letter No. 2007/CE-I/CT/18 dated 28-09-2007 to carry out the

work according to specification and the Special Conditions of Contract of materials and

work laid down by the Railway in the annexed Special Conditions/Specifications and the

Works Hand Book Part III corrected up to printed correction slip and the Schedule of Rates

of Western Railway, Part I (Revised edition-1993) corrected up to correction slip No.3 and

Schedule of Rates Part II (Revised edition-1993) corrected and Sanitary Works Hand Book

of 1977 edition of Western Railway. Corrected and latest correction slips applicable up to

opening of tender for G.C.C., SORs & Hand Books.






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2. A sum of Rs. 3710/- (Rupees three thousand seven hundred ten only) is herewithforwarded as Earnest Money The full value of the Earnest money shall stand forfeitedwithout prejudice to any other right or remedies if -

a] I / We do not execute the contract documents within One Week after receipt of noticeissued by the Railway that such documents are ready :

or

b] I/We do not commence the work within Ten(10) days after receipt of orders to thateffect.

3. Until a formal agreement is prepared and executed acceptance of this tender shallconstitute a binding contract between us subject to modification as may be mutuallyagreed to between us and indicated in the letter of acceptance of my/our offer for thiswork.

4. Special conditions mentioned in this contract and guidelines issued by Railway Boardsletter No. 2003/CE-I/CT/4 Pt. I dated 12/16/-05-2006 and 30-05-2006 and circulated videCAO (C) CCG's letter No. WNC-623/0 Vol. V dated 20-07-2006 and further guide linesissued vide Board's letter No. 2007/ CE-I/CT/18 dated 28-09-2007 will super cede thecorresponding clauses /paras of GCC.

Signature of Witness.

[1] --------------------------------- ------------------------------- [2] --------------------------------- Signature of Tenderer(s)

Tenderer/s Address : --------------- Dated :

Dy. Chief Engineer (Construction) III, Western Railway, Ratlam (MP)






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SECOND SHEETName of work : Hiring of vehicle Armada / Marshal / Scorpio/Tata Sumo /ToyotaQualis/Travera / Bollero/ Innova make including maintenance Major / Minor repairs costof lubrication, fuel, drivers and all other ancillary costs etc. complete at Ratlam station forDeputy Chief Engineer (Construction) III, Ratlam in connection with Construction of newBG line between Dahod – Indore section of Western Railway.

1.0. Instructions to Tenderer and Conditions of Tender

1. The following documents form part of contract :

(a) Tender form – First sheet and second sheet.(b) Special Conditions/Specifications (Tech. & Non-Tech.)(a) Schedule of approximate quantities (attached).(d) Western Railway General Conditions of Contract (G.C.C.) New Edition – 1998).

Copy of General Conditions of Contract can be obtained on payment from theGeneral Manager(E), Western Railway, Churchgate, Mumbai-400020.

2..0. SYSTEM OF TENDERING : Tender will consist of one packet. This packet is to be submitted in sealed cover . Atthe time of submitting tender particular/information required are as shown in Clause 2.3Envelope should be super-scribed as under

Tender No: RTM/DINL/DY.CE/C/III/23 (Hiring Vehicle) - Hiring of vehicle Armada / Marshal/ Scorpio/ Tata Sumo /Toyota Qualis/Travera / Bollero/ Innova make includingmaintenance Major / Minor repairs cost of lubrication, fuel, drivers and all other ancillarycosts etc. complete at Ratlam station for Deputy Chief Engineer (Construction) III, Ratlamin connection with Construction of new BG line between Dahod – Indore section of WesternRailway.

2.1. As far as possible the tenderer/s bid should not have any conditions or specification orassumption contrary to the provisions in these tender documents on which the tenderer/sbid is based, shall be supplemented by the details of exact financial implications ifapplicable. Tenderer/s special conditions not in conformity with the tender specifications,are required to be listed separately. Railway will not take cognizance of any other condition/variations from the tender stipulations mentioned at any other place in the tenderdocuments, drawings etc. except under the format specified in the tender documents forsuch special condition (format enclosed Annexure “A”). It needs to be emphasized that onlysuch conditions / stipulations which are at variance with the tender conditions codalprovision stipulated in the tender documents need be mentioned in case tenderer/s choiceto stipulate such special conditions taking into account the restrictions mentionedelsewhere n the tender documents. Only such of the special conditions/ specificationsstipulated by tenderer/s which have been specifically approved by the Railways in writingshall be deemed to have been accepted by the Railways. The tenderer/sconditions/stipulations/codal are at various with the tender conditions/codal provisionsshall be withdrawn by the tenderer/s.

2.2. The list of documents to be attached along with the tender is given under system oftendering.






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2.3. Nature of tendering (One packet system)

(A) The tender will be opened on 22-01-2010 . This packet shall be sealed as under will consists of :-i) Earnest Money in proper form.

ii) Proforma No.A-I, II, III, IV & V (attached herewith).

iii) Method statement, PERT CHARTS & Construction schedule vis-à-visdeployment of resources.(iv) Bio-data of key design and/or constructionEngineers to be involved in this work.(v) Partnership deed.(vi) Power of Attorneys.

(vii) Tender documents duly signed & completed, except price bid.

(viii) Any other document the tenderers may like to submit in support of his credentials / scheme.(ix) Audited statement of annual turnover to be added.

(x) Performance record for the last 5 years showing if the firm - a) Was awarded all contracts where firm's bid price was lowest? b) Was awarded some contracts even though firm's bid price was not lowest? c) Was denied by contract when the firm's bid price was lowest ? d) Was denied credit, bond or bank Guarantee ? e) Was incapable of performance of contract resulting in rescinding of the contract at firm’s risk cost? f) Was unable to complete awarded work g) Was penalised for failure to adheres to completion date? h) Earned bonus for early completion: i) Took recourse to arbitration for settlement of disputes:

j) Only those tenderer/s who possess necessary past experience, special Tools & Plants and have sufficient expertise for this type of work are required to tender. Tenderer should furnish description of tools and

plants available with the tenderer for this type of work.

Document proof for the above should be submitted along with the tender.

If the tenderer/s fails to abide by the conditions or fails to submit documents asabove, the tender is liable to be rejected straight away.

The tenderer/s should satisfy the following :

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

successfully execute the work.






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Tenderer should also ensure while submitting this tender

1. Whether posses necessary tools & plants to execute this work.2. Whether have sufficient qualified personnel to depute for execution of this

work.

3. Whether capable to execute this work simultaneously with other work in handfor this the list of work in hand and liability during the year should befurnished.

4. Whether furnished the details of work tendered for with the comparativeposition in respect of other tenderers.

5. Whether furnished the details in regards of experience with Railways.6. Whether furnished the details in regard of experience with other departments.

Details should contained the remarks for completion in time, if not the reasonshould clearly be indicated.

The documentary proof for the above should also be submitted along with tender.

The above conditions are only for guidelines while evaluating the tenderercredentials. However, each and every case should be decided by "tender committee"by taking overall view on the merit of the case.

4. Conditional tenders are liable to the rejected straight away. Railway reserves theright to reject such tenders summarily without assigning any reasons whatsoever.

5.0. EARNEST MONEY:

5.1. The tenderer shall be required to deposit earnest money with the tender for the dueperformance with the stipulation to keep the offer open till such date as specified inthe tender, under the conditions of tender. The earnest money shall be 2% of theestimated tender value as indicated in the Tender Notice. The earnest money shallbe rounded to the nearest Rs.10/-. This earnest money shall be applicable for allmodes of tenderer.

5.2. The tenderer shall hold the offer open for a period of 120 days (one hundred twentydays) from the date of opening i.e. 22-01-2010 . It shall be understood that thedocuments have been sold / issued to the tenderer and the tenderer is permitted totender in consideration of stipulation on his part, that after submitting his tenderhe will not resile from his offer or modify the terms and conditions thereof in amanner not acceptable to the Engineer. Should the tenderer fail to observe orcomply with the said stipulation, the aforesaid amount of Rs. 3710/- shall be liableto be forfeited to the Railway.

5.3. If his tender is accepted this earnest money mentioned in sub clause 5.1 above willbe retained as part security for the due and faithful fulfillment of the contract interms of Clause 16 of the General Conditions of Contract. The earnest money ofother tenderer’s, shall have as herein before provided, be returned to them, but theRailway shall not be responsible for any loss or depreciation that may happenthereto the security for the due performance of the stipulation to keep the offer forthe period specified in the tender documents or to the earnest money while inRailway's possession, nor be liable to pay interest thereon.






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5.3.1. In case the tenderer/s withdraws his offer within the validity date of his/their offeror fails to undertake the contract after acceptance of his / their tender, the fullearnest money shall be forfeited.

5.4. The Earnest Money should be in cash or in any of the following forms:

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

5.4.2. Deposit receipts, executed by the scheduled Banks (other than the State Bank ofIndia and the Nationalized Banks) approved by the Reserve Bank of India for thispurpose. The Railway will not, however, accept deposit receipt without getting inwriting the concurrence of the Reserve Bank of India.

5.4.3. Deposit receipt, Pay Orders and Demand drafts should be drawn in favour of SeniorAssistant Finance Adviser (Survey and Construction), Western Railway, Ratlam(MP).

5.4.4. In case, the tenderer/s deposit / deposits earnest money in the form of fixed depositreceipt of Nationalized Banks, it should be issued exclusively in favour of SeniorAssistant Finance Adviser (Survey and Construction), Western Railway, Ratlam(MP) only. If the name of the Directors / Company is added, therefore, the tender/sis/are required to sign on Re. 1 (One) Revenue stamps on back side of the depositreceipt.

Earnest money in the form of Government Securities (Stock certificates / BearerBonds, Promissory Notes) will not be accepted.

5.5. Earnest money wherever it is deposited in cash should be permitted to the ChiefCashier, Western Railway, Mumbai-400 020 or to the Divisional Cashier (includingSr. Cashiers of the Construction units) nearest to their (tenderer/s) places ofresidence and the receipts obtained thereon should be enclosed with the tender as aproof of deposit of requisite earnest money. The earnest money should not bedeposited with station.

6. Tenders containing erasures and/or alterations of the tender documents are liable tobe rejected. Any correction made by the Tenderer(s) in his/their entries must beattested.

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

8. If a tenderer expires after the submission of his tender or after the acceptance of histender, the Railway shall deem such tender as canceled. If a partner of a firm expiresafter the submission of their tender or after the acceptance of their tender the railwayshall deem such tender as canceled unless the firm retains its character.






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9 SECURITY DEPOSIT, VALIDITY OF TENDER :9.1 The tender must be accompanied by a sum of Rs 3710/- as Earnest moneydeposited in cash or in any of the forms mentioned in the tender failing which the tenderwill not be considered.

9.2 The tenderer shall hold the offer open till such date as specified in the tender, it isunderstood that the tender documents have been sold/issued to the tenderer and thetenderer is being permitted to tender in consideration of the stipulation on his part thatafter submitting his tender he will not resile from his offer or modify the terms andconditions thereof in a manner not acceptable to the Chief Administrative Officer (Const.)Churchgate/ Dy. Chief Engineer(C) III, Western Railway, Ratlam (M.P.)

9.3 Should the tender fail to observe or comply with the foregoing stipulation the,amount deposited as security for the due performance of the above stipulation shall beforfeited to the Railway, if the tender is accepted, the amount or earnest money will be heldas security deposit for the due and faithful fulfilment of the contract. The earnest money ofthe unsuccessful tender(s) will save as herein before provided, be returned to theunsuccessful tenderer/s but the railway shall not be responsible for any loss ordepreciation that may happen to the security for the due performance of the stipulation tokeep the offer open for the period specified in the tender documents or to the earnestmoney while in railway’s possession not be liable to pay interest thereon

9.4 The earnest money will be refunded to the unsuccessful tenderer(s) within areasonable time. The earnest money deposited by the successful tenderer(s) will beretained towards the security deposit for the due and faithful fulfillment of thecontract but shall be forfeited if the contractor fails contractors fail to executed theagreement bond within one week after receipt of notice issued by the Railway that suchdocuments are ready or to commence the work within ten days after receipt of orders tothat effect.

10. SECURITY DEPOSIT.10.1. The earnest money deposited by the contractor with his tender will be retained bythe Railways as part of security for the due and faithful fulfillment of the contract by thecontractor. The balance to make up the security deposit, the rates for which are givenbelow, may be deposited by the contractor in cash or may be recovered by percentagededuction from the Contractor's "on account" bills. Provided also that in case of defaultingcontractor the Railway may retain any amount due for payment to the Contractor on thepending "on account" so that the amounts so retained may not exceed 10% of the totalvalue of the contract.

10.1.1. Unless otherwise specified in the special conditions, if any, the securitydeposit/rate of recovery / mode of recovery shall be as under :-

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

(b) The rate of recovery should be at the rate of 10% of the bill amount till the full securitydeposit is recovered.(c) Security deposits will be recovered only from the running bills of the contract and noother mode of collecting SD such as SD in the form of instruments like BG, FD etc. shall beaccepted towards Security Deposit.






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10.2. Security Deposit shall be returned to the contractor after the physical completion ofthe work as certified by the Competent Authority. The Competent Authority shall normallybe the authority who is competent to sign the contract. If his Competent Authority is of therank lower than JA Grade, then a JA Grade Officer (concerned with the work) should issuethe certificate. The certificate, interalia, should mention that the work has been completedin all respects and that all the contractual obligations have been fulfilled by the contractorsand 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 thecontractor concerned should be obtained.

10.3. No interest will be payable upon the Earnest Money and security deposit or amountpayable to the contractor under the Contract.

11.0 Tender must be enclosed in sealed cover super-scribed as Tender No: RTM/DINL/DY.CE/C/III/23 (Hiring Vehicle) - Hiring of vehicle Armada / Marshal /Scorpio /Tata Sumo /Toyota Qualis/Travera / Bollero/ Innova make including maintenance Major/ Minor repairs cost of lubrication, fuel, drivers and all other ancillary costs etc. complete atRatlam station for Deputy Chief Engineer (Construction) III, Ratlam in connection withConstruction of new BG line between Dahod – Indore section of Western Railway so as to reach the office not later than 15:00 hrs. on 22-01-2010 or deposited in thespecial box allotted for the purpose in the office of Dy. Chief Engineer (Construction) II,Western Railway, Ratlam (MP) This will be sealed at 15:00 Hours The tender paper willnot be sold after 11:30 hours on 22-01-2010 . The tender will be opened on the same dayat 15:30 hours.

12.0. INSTURCTIONS FOR SUBMITTING THE TENDERS AS JOINT VENTURE FIRMS.

FOR WORKS COSTING MORE THAN 5 CRORES. (Not applicable to this Tender)

Board’s has issued instructions vide letter No.2002/CE-1/CT/37 on 02-09-2008guidelines to participate joint venture firms in works tender more than 5 Crores : -

1. Separate identity/name shall be given to the Joint Venture firm.

2. Number of members in a JV firm shall not be more than three if the work involvesonly one department (say Civil or S&T or Electrical) and shall not be more than five if thework involves more than one department.

3. A member of JV firm shall not be permitted to participate either in individualcapacity or as member of another JV firm in the same tender.

4. The tender form shall be purchased and submitted only in the name of the JV firmand not in the name any constituent member.

5. Normally EMD shall be submitted only in the name of the JV and not in the name ofconstituent member. However, in exceptional cases EMD in the name of lead partner can beaccepted subject to submission of specific request letter from lead partner stating thereasons for not submitting the EMD in the name of JV and giving written confirmation fromthe JV partners to the effect that the EMD submitted by the lead partner may be deemed asEMD submitted by JV firm.






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6. One of the members of the JV firm shall be the lead member of the JV firm whoshall have a majority (at least 51% ) share of interest in the JV firm. The other membersshall have a share of not less than 20% each in case of JV firms with upto three membersand not less than 10% each in case of JV firms with more than three members. In case ofJV firm with foreign member(s) the lead member has to be an Indian firm with a minimumshare of 51%.

7. A copy of Memorandum of Understanding (MOU)executed by the JV members shallbe submitted by the JV firm along with the tender. The complete details of the members ofthe JV firm, their share and responsibility in the JV firm etc. particularly with reference tofinancial technical and other obligations shall be furnished in the MOU. (The MOU formedfor this purpose shall be finalized by the railway in consultation with their law branch andshall be enclosed along with the tender).

8. Once the tender is submitted, the MOU shall not be modified/altered /terminatedduring the validity of the tender. In case the tenderer fails to observe/comply with thisstipulation, the full Earnest Money Deposit (EMD) shall be forfeited. In case of successfultenderer, the validity of this MOU shall be extended till the currency of the contract expires.

9. Approval for change of constitution of JV firm shall be at the sole discretion of theEmployer (Railways). The constitution of the JV firm shall not be allowed to be modifiedafter submission of the tender bid by the JV firm except when modification becomesinevitable due to succession laws etc. and in any case the minimum eligibility criteriashould not get vitiated. In any case the Lead Member should continue to be the LeadMember of the JV firm. Failure to observe this requirement would render the offer invalid.

10. Similarly, after the contract is awarded, the constitution of JV firm shall not beallowed to be altered during the currency of contract except when modification becomeinevitable due to succession laws etc and in any case the minimum eligibility criteria shouldnot get vitiated. Failure to observe this stipulation shall be deemed to be breach of contractwith all consequential penal action as per contract conditions.

11. On award of contract to a JV firm a single Performance Guarantee shall be required to besubmitted by the JV firm as per tender conditions. All the Guarantee like Performance Guarantee ,Bank Guarantee for Mobilization advance machinery Advance etc. shall be accepted only in the nameof the JV firm and no splitting of guarantee arranged the members of the JV firm shall be permitted.

12. On issue of LOA, an agreement among the members of the JV firm (to whom the work hasbeen awarded) has to be executed and got registered before the Registrar of the Companies underCompanies Act. Or before the Registrar / Sub- Registrar under the Registration Act, 1908. Thisagreement shall be submitted by the JV firm to the Railways before signing the contract agreement forthe work. (This agreement format should invariably be part of the tender condition) In case thetenderer fails to observe/comply with this stipulation, the full Earnest Money Deposit (EMD) shall beforfeited and other penal action due shall be taken against partners of the JV and the JV. Thisjoint venture agreement shall have inter alis following clauses :-

12.1 Joint and several liability : The members of the JV firm to which the contract isawarded, shall be jointly and severally liable to the Employer (Railways) for execution of theproject in accordance with General and Special conditions of the contract. The JV membersshall also be liable jointly and severally for the loss, damages caused to the Railways duringthe course of execution of the contract or due to non-execution of the contract or partthereof.






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12.2 Duration of the Joint Venture Agreement : It shall be valid during the entirecurrency of the contract including the period of extension if any and the maintenanceperiod after the work is completed.

12.3 Governing Laws : The Joint Venture Agreement shall in all respect be governed byand interpreted in accordance with Indian Laws.

13. Authorized Member - Joint Venture members shall authorities one of the memberson behalf of the Joint Venture firm to deal with the tender, sign the agreement or enter intocontract in respect of the said tender, to receive payment, to witness joint measurement ofwork done, to sign measurement books and similar such action in respect of the saidtender/contract. All notices/correspondences with respect to the contract would be sentonly to this authorized member of the JV firm.

14. No member of the Joint Venture firm shall have the right to assign or transfer theinterest right or liability in the contract without the written consent of the other membersand that of the employer (Railways) in respect of the said tender/contract.

15. Documents to be enclosed by the JV firm along with the tender :

15.1 In case one or more of the members of the JV firm is/are partnership firm(s),following documents shall be submitted :

(a) Notary certified copy of the Partnership Deed.

(b) Consent of all the partners to enter into the Joint Venture Agreement on a stamp paper of appropriate value (in original)

(c) Power of Attorney (duly registered as per prevailing law) in favour of one of the partners to sign the MOU and JV Agreement on behalf of the partners and create liability against the firm.

15.2 In case one or more members is/are Proprietary Firm or HUF, the followingdocuments shall be enclosed.

Affidavit on Stamp Paper of appropriate value declaring the his concern is aProprietary Concern and he is sole proprietor of the Concern OR he is in position of“KARTA” of Hindu Undivided Family and he has the authority, power and consent given byother partners to act on behalf of HUF.

15.3 In case one or more members is/are limited companies the following documentsshall be submitted : (a) Notary certified copy of resolutions of the Directors of theCompany, permitting the company to enter into a JV agreement, authorizing MD or one ofthe Directors or Managers of the Company to sign MOU, JV Agreement, such otherdocuments required to be signed on behalf of the Company and enter into liability againstthe company and/or do any other act on behalf of the company.

(b) Copy of Memorandum and articles of Association of the Company.

(c) Power of Attorney (duly registered as per prevailing law)by the Company authorizingthe person to do/act mentioned in the para(a)above.






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15.4 All the members of the JV shall certify that they are not been black listed ordebarred by Railways or any other Ministry/Department of the Govt. of India/State Govt.from participation in tenders/contract on the date of opening of Bids either in theirindividual capacity or the JV firm or partnership firm in which they were / aremembers/partners.

16 Credential & Qualifying Criteria Technical and financial eligibility of the JV firm shall be adjudged based onsatisfactory fulfillment of the following criteria :

16.1 Technical eligibility criteria : Either the JV firm or any one of the members of the JV firm must have satisfactorilycompleted in the last three previous financial years and the current financial year up to thedate of opening of the tender, one similar single work for a minimum value of 35% ofadvertised tender value.

OR In case of composite works (e.g. works involving more than one district componentsuch as Civil Engineering, S&T works, Electrical works, OHE works etc. and in the case ofmajor bridges, substructures and super- structure etc. ), at least 35% of the value of eachsuch component of similar nature should have been satisfactorily completed by the JV firmor any one of the members of the JV firm in the previous three financial years and thecurrent financial year up to the date of opening of tender. In such cases, what constitutes acomponent in a composite work shall be clearly defined as part of the tender conditionwithout any ambiguity.

NOTE ; Value of a completed work done by a Member in an earlier partnership firm or a JVfirm shall be reckoned only the extent of the concerned member’s share in that partnershipfirm JV firm for the purpose of satisfying his compliance of the above mentioned technicaleligibility criteria in the tender under consideration.

16.2 Financial eligibility criteria :

The contractual payments received by the JV firm or the arithmetic sum ofcontractual payments received by all the members of JV firm in the previous financial yearsand the current financial year up to the date of opening of tender shall be at least 150% ofthe estimated value of the work as mentioned in the tender.

NOTE Contractual payment received by a Member in an earlier JV firm shall bereckoned only to the extend of the concerned member’s share in that JV firm for thepurpose of satisfying compliance of the above mentioned financial eligibility criteriain tender under consideration.






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ON NON-JUDICIAL STAMP OF RS. 100/-

MEMORANDUM OF UNDERSTANDING

FOR JOINT VENTURE AGREEMENT

1. This memorandum of understanding executed this _____________ day of_____________ 20 between ____________ (Name of Co.) ____________ a company registeredunder the Companies Act 1956 having its registered office at __________ representedthrough its Director / Authorized Representative ___________ (hereinafter referred to as______________ which expression shall unless repugnant to the context thereof includes itsuccessors) of the FIRST PART.

AND / OR

M/s. _______________________________ a partnership firm constituted under the IndianPartnership Act 1932, having its registered office at _________________, represented throughits partner Shri ______________________________ / Authorised Representative Shri___________________________ (hereinafter referred to as _________ which expression shallunless repugnant to the context thereof includes its successors) of the FIRST PART.

AND / OR

M/s._________________________ a proprietary concern having its registered office at____________________ represented through its Sole proprietor Shri ______________ (hereinafterto as _______________ which expression shall unless repugnant to the context thereofincludes it successors) of the FIRST PART.

Whereas, the party of the First part i. e. M/s. ____________________________________ detailsto be supplied of the expertise in their field.

Whereas, the party of the Second part M/s. __________________________________ details tobe supplied of the expertise in their field.

Whereas, the party of the Third part M/s. ____________________________________ details tobe supplied of the expertise in their field.

AND whereas parties to this MOU have agreed to co-operate with each other to associatejointly and to form a Joint Venture Firm to participate in the WR Tender of Indian Railways.

Now, therefore, in consideration of the promises and mutual promises and of theundertaking contained herein, it is hereby agreed between the parties of this MOU asfollows :

1. The purpose of MOU -

M/s.____________________________ , __________________and _________________ agree to Co-operate with each other for the purpose of joint participation in the WR Tender and in theevent, the contract is awarded, to jointly execute the contract. The broad interfaces andscope of work of each party is set forth below :






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___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2. The name of the Joint Venture firm shall be _____________________________

3.The parties, hereto, represent that :

a)They are in passion of all approvals and valid authorization for the purpose of execution ofthis MOU.

b)They have not entered into any agreement / MOU of equal or similar nature with anythird party for the WR Tender.

That each of the parties of JV, agrees and undertake to place at the disposal of the JV,benefits of its individual experience, technical knowledge and skill and shall in all respectsbear its share of the responsibility, including the provision of information advice and otherassistance required in connection with the works. The share and the participation of thepartners in the JV shall broadly be follows:

M/s. _________________________________ %M/s. _________________________________ %M/s. _________________________________ %

“That M/s. __________________________ Shall be the4 lead member of J.V. firm who shallhave a majority (at least 51%) share of interest in the JV firm. The other members shallhave a share of not less than 20% each (in case of JV firm with upto three members) Theother members shall have a share of not less than 10% each (in case of JV firm with morethan three members) In case of JV firm with foreign member(s) , the lead member has to bean Indian firm with a minimum share of 51% (strike out which is not applicable)

And all right, interest, liabilities, obligations, work experience and risks (net profits or netlosses) arising out of the contract shall be shared or borne by the Parties in proportionate tothese shares. Each of the parties shall bound by guarantees, sureties required for the workas well as its proportionate share in working capital and other financial requirements.

4. The parties to this MOU undertake :

a) That after submission of the tender, the MOU shall not be modified/ altered/terminated during the validity of the tender including extension and maintenance periodexpect when modification becomes inevitable due to succession laws etc, but in no case theminimum eligibility criteria would be vitiated.

b) That after the contract is awarded the constitution of the J.V. Firm shall not bealtered during the currency of contract except when modification becomes inevitable due toSuccession Law etc., “but in no case the minimum eligibility criteria would be vitiated”






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c) That with respect of the WR Tender neither party, nor any subsidiary company ofeither Party, not any joint venture company or any other entity, in which the party/parties,is or are in any way interest shall complete together with or through any third party, nor

shall be parties advise, consult for, engage in or otherwise assist in any way person orentity or any affiliate thereof in respect of any orders or contract related to this tender.

d) That none of the members of joint ventures is black listed and/or debarred by theRailways or and other ministry or department of Govt. of India / State Govt. fromparticipation in contract / under in the past either in individual capacity or the JV Firm orpartnership firm in which they were/are members/partners.

5. Joint & Several Liability. In respect of the WR Tender, all commercial terms shall comply each part on back-tobasis specifications of the WR Tender or any other mutually agreed terms with theOwner/Customer. The Parties hereto shall, if awarded the contract for the project for whichthe Joint Venture is formed, be jointly and severally liable to the Indian Railways forexecution of the project in accordance with the contract. The Parties hereto also undertaketo be liable jointly and severally for the loss, damages caused to the Indian Railways incourse of execution or due to non-execution of the contract or part thereof arising out of thecontract.

6. Shri _____________________________________ be authorized partner/person on behalfof the Joint Venture to deal with tender, to sign the agreement or enter into contract inrespect of the said tender, to receive payment, to witness joint measurement of work done,to sign measurement books, and similar such action in respect of WR tender / Contract.All notices / correspondence with respect to the contracts would be sent only to thisauthorized partner / person of the J.V. Firm.

7. Notwithstanding anything herein, in respect of the WR Tender, with regard to theinternal relationship, the inter se liabilities between the parties shall be in proportion totheir respective scope of work and shall be subject to the provisions of this MOU.

8. Responsibility. Each Party shall assume and accept full responsibility for its Scope of Work and theobligations imposed in the Contract and in this MOU as if it was, with regard to this Scopeof Work, an independent partner contracting individually with the Customer. In the event ofany defect and damage or any claim arising from the Customer under the Contract or anythird party in relation to or as a consequence of any failure to meet the performancespecification the Party, within whose Scope of Work the claim arises, shall be entirelyresponsible for the claim and shall indemnify and hold harmless the other Party from anyliability, demand, claim burden cost, expense attorney’s fees and costs arising from thereof.

9. Assignability. No party to the Joint Venture has right to assign or transfer the interest, right orliability in the contract without the written consent of the other party and that of theRailway.






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10. Use of Machinery, Instruments, Labour Force, etc. The Parties hereto undertake that whatever the machinery, instruments, Labourforce (including unskilled, skilled, inspectors, Engineers etc.) they possess at the time ofentering into joint Venture Agreement or which subsequently shall come in their possessionand if such machinery, instruments, labour force is required for the speedy and efficientexecution of the work, the Party/Parties having the control over the said machinery,instrument, labour force etc. without having any regard to their share of profit and lossagreed to between the Parties in Joint Venture Agreement shall hand over the same at thedisposal of the other party who is actually executing the work for the purpose of executionof the contract without hindrances and obstacle.

11. Duration of MOU.

It shall be valid during entire currency of contract including the period of extension,if any and also till the maintenance period is over or till all the contractual liabilitiesincluding warranty / guarantee obligations are discharged completely.

12. Applicable Law.

The MOU and any arrangement / agreements regarding the performance shall beconstrued and interpreted in accordance with and governed by the Laws of India and shallbe subject to the exclusive jurisdiction of the courts at the place where MOU is executed /signed between the parties.

13. Settlement of Disputes.

In the event of disputes arising from this MOU, the Parties to the MOU undertakesto Endeavour to settle the said disputes amongst them amicably. However, if the parties failto resolve the disputes amongst them amicably, the said disputes arising out of or inconnection with the present MOU shall be resolved through Arbitration as per theprovisions enshrined under the Arbitration and Conciliation Act, 1996 or / and anystatutory modifications made thereafter.

14. All communications or notices provided for herein shall be in the English languageand be delivered, mailed, or tele-faxed to the Parties addressed as indicated below :-

M/s. ___________________________________________________________________________M/s. __________________________________________________________________________

All correspondence and notices to the Joint Venture firm shall be addressed to theLead Member i. e. M/s. __________________________ / Shri ___________________ at the addressstated herein below :

M/s. __________________________________________________________________________ suchcommunication or notices shall be deemed to have been duly given when so delivered or, ifmailed, when received at destination.

15. Each Part shall have full and sole responsibility to bear the expense of and effect thepayment of any taxes, duties, special insurance, fees or assessments of any naturewhatsoever (including personal income taxes levied or imposed or any of its employees orpersonnel or any of its sub-contractor’s employees or personnel) including penalties andinterest, if any, levied in connection with the execution of this MOU.






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In witness whereof, the Parties have caused this MOU to be executed by their respectiveauthorized representative on the date and year mentioned herein above.

Signature:- Signature:- Signature:-

Shri ______________________ of Shri ___________________of Shri ______________ of

M/s. _______________________ M/s. __________________ M/s __________________

Witnesses :-

1) Name : Address :-

2) Name : Address :-

13.0 Non compliance with any of the conditions set forth herein above is liable to result in thetender being rejected.

14 RIGHT OF RAILWAY TO DEAL WITH TENDER The authority for the acceptance of the tender will rest with the railway which does not binditself to accept the lowest or any other tender nor does the railway undertake to assign reason fordeclining to consider or reject any particular tender or tenders.

15 EXECUTION OF CONTRACT DOCUMENTS : The successful tenderer ( s ) shall be required to execute an agreement with the railwayfor carrying out the work according to “General Conditions of Contract” Special conditions /Specifications annexed to this tender, and specification for work and materials as laid down in the“Work Hand Book Part III” amended with correction slips as mentioned earlier.

16 SALES TAX / COMMERCIAL TAX The successful tender(s) shall be required to execute an agreement with the railway for carryingout the work according to General Condition of Contract” Special conditions/ Specifications annexedto this tender, and specification for work and material as laid down in the “Work Hand Book Part IIIamended with correction slips as mentioned earlier.

17. EMPLOYMENT PARTNERSHIP, ETC. RETIRED RAILWAY EMPLOYEES.

a] Should a tenderer be retired Engineer of the gazetted rank or any other gazetted officerworking before his retirement, whether in the executive or administrative capacity or whether holdinga pensionable post or not, in the Engineering Department of any of the railways owned andadministered by the President of India for the time being, or should a tender being partnership firmhave as one of its partners a retired engineer or retired gazetted officer as aforesaid or should atenderer being as incorporated company have any such retired engineer or retired officer as one of itsDirectors, or should a tenderer have in his employment any retired engineer or retired gazettedofficer as aforesaid the full information as to the date of retirement of such engineer or gazettedofficer from the said service and in case when such engineer or officer has not retired fromgovernment service at least 2 years prior to the date of submission of the tender as to whetherpermission for taking such contract or if the contractor be a partnership firm or an incorporatedcompany to become partner or Director as the case may be or to take employment under thecontractor, has been obtained by the tender or the engineer or officer as the case may be from thePresident of India or any officer, duly authorised by him in this behalf , shall be clearly stated inwriting at the time of submitting the tender. Tenders without the information above referred orretired gazetted officer is so associated with the tenderer, as the case may be, shall berejected.






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b] Should a tenderer or contractor on the list of approved contractor have a related orrelatives, or in the case of firm or company of contractors on or more of his share holdersor a relative or relatives of the share holders, employed in gazetted capacity in theEngineering Department of the Western Railway, the authority inviting tenders shall beinformed of the fact at the time of submission of tender, failing which the tender may bedisqualified or if such fact subsequently comes to light, the contract may be rescinded inaccordance with the provisions in clause 61 of the General conditions of contract.

c] The tenderer whether a sole proprietor , a limited company or a partnership firm if theywant to act through agent or individual partner/partners should submit along with thetender or at a later stage, a power of attorney duly stamped and authenticated by a NotaryPublic or by Magistrate in favour of the specific person whether he/they bepartner/partners of the firm or any other person specifically authorising him/them tosubmit the tender, sign measurement books compromise, settle, relinquish any claim orclaims preferred by the firm and sign “No claim “Certificate and refer all or any disputes inarbitration.

18. Partnership Deeds, Power of Attorney, etc.

18.1 The tender shall clearly specify whether the tender is submitted on his own behalfor on behalf of partnership concern. If the tender is submitted on behalf ofpartnership concern he should submit the certified copy of partnership deed along withthe tender and authorisation to sign the tender documents on behalf of partnershipconcern. If these documents are not enclosed along with tender documents, the tenderwill be treated as having been submitted by individual signing the tender documents. Therailway will not be bound by any Power of Attorney granted by the tenderer or by changesin the composition of the firm made subsequent to the execution of the contract. Itmay however recognise such power of attorney and changes after obtaining proper legaladvice the cost of which will be chargeable to the contractor.

18.2 In terms of clause 6(c) of the Part I "Regulations for Tender and Contract" of theG.C.C., the Railway will not be bound by Power of Attorney granted by the tenderer or bythe changes in the composition of the firm made subsequent to the execution of thecontract. It may, however, recognise such powers of attorney and changes after obtainingproper legal advice, the cost of which will be chargeable to the contractor. These chargeshave been fixed at Rs. 100/- payable by the tenderer at the time of submitting the power ofattorney for scrutiny and legal advice.

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

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

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






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18.6. The tenderer whether a sole proprietor, a limited company or apartnership firm if they want to act through agent or individual partner/partnersshould submit along with the tender or at a later stage, a power of attorney dulystamped and authenticated by a Notary Public or by Magistrate in favour of thespecific person whether he/they be partner/partners of the firm or any otherperson specifically authorizing him/them to submit the tender, sign theagreements, receive money, witness measurements, sign measurement bookscompromise, settle, relinquish any claim or claims preferred by the firm and sign`No Claim Certificate' and refer all or any disputes to arbitration.

19.0.Non-compliance with any of the conditions setforth herein above is liable toresult in the tender being rejected.

20.0 Introduction of Performance Guarantee (P.G.)

20.1.The successful bidder may give Performance Guarantee amounting to 5% ofthe contract value.

20.2. A Performance Guarantee shall be submitted by the successful bidder after the letterof acceptance has been issued, but before signing of the agreement. The agreement shouldnormally be signed within 15 days after the issue of LOA and the Performance Guaranteeshall also be submitted within this time limit. This guarantee shall be initially valid up tothe stipulated date of completion plus 60 days beyond that. In case, the time for completionof work gets extended, the contractor shall get the validity of Performance Guaranteeextended to cover such extended time for completion of work plus 60 days.

20.3. The performance Guarantee (PG) shall be released after the physical completion of thework based on the "Completion Certificate" issued by the competent authority stating thatthe contractor has completed the work in all respects satisfactorily. The security deposit,however, shall be released only after the expiry of the maintenance period and after passingthe final bill based on 'No Claim Certificate'.

20.4. Wherever the contract is rescinded, the security deposit shall be forfeited and thePerformance Guarantee shall be encashed and the balance work shall be got doneindependently without risk and cost of the failed contractor. The failed contractor shall bedebarred from participating in the tender for executing the balance work. If the failedcontractor is a JV or a partnership firm, then every member/partner of such a firm shall bedebarred from participating in the tender for the balance work either in his/her individualcapacity or as a partner of any other JV partnership firm.

20.5. The Engineer shall not make a claim under the Performance Guarantee except foramounts to which the President of India is entitled under the contract (notwithstandingand/or 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 asdescribed herein above, in which event the Engineer may claim the full amount ofthe Performance Guarantee.

(ii) Failure by the contractor to pay President of India any amount due, either asagreed by the contractor or determined under any of the Clauses/ Conditions of theagreement, within 30 days of the service of notice to this effect by Engineer.






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(iii) The contract being determined or rescinded under provision of the GCC thePerformance Guarantee shall be forfeited in full and shall be absolutely at thedisposal of the President of India.

(Performance Guarantee clauses are amended as per Rly. Board’s letter No. 2007/CE-I/CT/18 dated 28-09-2007)

The successful bidder may give Performance Guarantee amounting to 5% of thecontract value in the following forms.

(i)a deposit of cash.

(ii)Irrevocable Bank Guarantee.

(iii)Government Securities including State Loan Bonds at 5% below the marketvalue.

(iv)Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. Theseforms of Performance Guarantee could be either of the State Bank of India or of anyof the Nationalized Banks.

(v)Guarantee Bonds executed of Deposits Receipts tendered by all ScheduledBanks.

(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 per cent below market value or at the face valuewhichever is less.

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

(Performance Guarantee Clauses are amended as per Rly. Board’s letter No. 2003/CE-I/CT/4 Pt. I Dated 23-05-2007)

The format of performance guaranty as required by latest amendment to GCC vide Rly. Bd’sletter No. 2003/CE-I/CT/4/PT/1 dated 12-05-2006 is as per Annexure-I is as under :-






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Annexure – I

PERFORMANCE BANK GUARANTEE BOND

BG No. ____________ Dated:

To,

The President of India, Acting through

Chief Administrative Officer (Const.) Western Railway, Church-gate, Mumbai.

1. In Consideration of the President of India (hereinafter Called “the Governmenthaving agreed to accept from _________________________________ (Name of firm and address)________________________________________________________________________________________________________ (hereinafter called “the said Contractor/s)Under The terms and conditions of an Agreement / Acceptance letter No. __________ dated________________ made between _____________________________ and___________________________ for the work of ______________________________________(hereinafter called “the said Agreement”) the Performance Guarantee for the due fulfillmentby the Contractor/s of the terms and conditions in the said Agreement on production ofirrevocable Bank Guarantee forRs.____________ (Rupees_______________________________________________ only) _______ (%amount must be as per acceptance letter/agreement) We, _____________ (Indicate the nameof the Bank hereinafter referred to as “the Bank”) at the request of_______________________________ contractor? do hereby under take to pay the governmentan amount not exceeding Rs. ________________ against any loss or damage caused to orsuffered by or would be caused to or suffered by the Government by reason of any breachby the said Contractor(s) of any of the terms or conditions contained in the said Agreement/ acceptance letter.

2. We ___________________________________________________ do hereby (Name of Bank)undertake to pay the amounts due and payable under this guarantee without any demurmerely on demand from the Government stating that the amount claimed is by way of lossor damage caused to or suffered by the Government by reason of breach by the saidcontractor of any of the terms or conditions contained in the said agreement, or by, reasonof the contractor’s failure to perform the agreement. Any such demand made on the bankshall be conclusive as regards the amount due and payable to the bank under thisguarantee. However, our liability under this guarantee shall be restricted to an amount notexceeding Rs. ____________ Rupees _____________ only.

3. We undertake to pay to the Government any money so demanded notwithstanding any dispute or disputes raised by the contractor(s) / supplier(s) inany suit or proceeding pending before any court of Tribunal relating thereto ourliability under this present being absolute and unequivocal. The payment so madeby us under this bond shall be a valid discharge of our liability for payment thereunder and the contractor(s) / supplier(s) shall have no claim against us for makingsuch payment.






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4. We, __________________________________________ further agree that the (Name of Bank) guarantee herein contained shallremain in full force and effect during the period that would be taken for theperformance of the said agreement including Maintenance/Warranteeperiod and that it shall continue to be enforceable till the dues ofGovernment under or by virtue of the said agreement have been fully paidand its claim satisfied or discharged or till _________________ office /Department) Ministry of Railway certifies that the terms and conditions ofthe said agreement have been fully properly carried out by the saidcontractor ) and accordingly discharged this performance guarantee, unlessa demand or claim under this guarantee is made onus in writing on or before the ___________________________ we shall bedischarged from all liability under this guarantee thereafter.

5. We ___________________________ further agree with the(Name of Bank) Government that the Government shall have the fullestliberty without our consent and without affecting in any manner ourobligations hereunder to vary any of the terms and conditions of the saidagreement or to extend time of performances by the said contractor fromtime to time or to postpone from any time or from to time any of the powersexercisable by the Government against the said contract and to for bear orenforce any of the terms and conditions relating to the said agreement andwe shall not be relieved from our liability by reason of any such variation, orextension being granted to the contractor(s) or for any forbearance, act oromission on the part of the Government or indulgence by the Governmentto the said contractor/s or such any matter or thing whatsoever whichunder the law relating to sureties would, but for this provision have effect ofso relieving us.

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

7. We ________________________ undertake not to revoke this Guaranteeduring (Name of Bank) its currency except with the previous on sentof the government in writing.8. Notwithstanding anything contained hereinabove.

(i) Our liability under this B. G. shall not exceed to Rs.(ii) This B/G shall be valid up to _____________ and

(iii) We are liable to pay the guaranteed amount or any part thereof under this B/G only and only, if you serve upon us a written claim or






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demand on or before. ________________________________________

Dated this _____________________ day of __________________ 20

Round seal of Bank For ________________________ (Indicate the name of Bank) (under Rubber stamp of name, Designation & code No. of authorized signatories)

-----------------------------------------------------------------------------------------------

21. Tender documents are not transferable.

Signature of Tenderer/s. Deputy Chief Engineer (C) III, Western Railway, Ratlam (MP) For and on behalf of the President of Union of India.

I / We have specially noted clause 17 of conditions of tender and declare that I/wehave no relative employed in the gazetted or non-gazetted capacity in the EngineeringDepartment of Western Railway.

_____________________________ Signature of Tenderer(s) Date :






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SPECIAL CONDITIONS OF CONTRACT- PART-IGENERAL

1. These special conditions and the work schedule shall govern the works to be executedunder this contract in addition to and/or in part super-session of the General Condition ofcontract and Standard Specification as laid down in the Western Railway Works HandBook, Part III as amended by correction slips up to No. 9 dated 01.11.1991.

2. Where there is any conflict between these special conditions of contract on one handand standard specifications and General Conditions of contract of Western Railway on theother hand, the former shall prevail.

3. Any special conditions stated by the tenderer(s) in the covering letter submitted alongwith the tender shall be deemed as part of contract to such extent only as have explicitlybeen accepted by the Railway.

4. PARTNERSHIP DEEDS, POWER OF ATTORNEY ETC. In terms of Clause 13 of the Part-I “Regulations for Tender and Contract” of theG.C.C. the Railway will not be bound by Power of Attorney granted by the tenderer or by thechanges in the composition of the firm made subsequent to the execution of the contract. Itmay, however, recognize such powers of attorney and changes after obtaining proper legaladvice, the cost of which will be chargeable to the contractor. These charges have beenfixed at Rs. 100/- payable by the tenderer at the time of submitting the power of attorneyfor scrutiny and legal advice.

If the power of attorney is not accepted, otherwise than for legal defect, the chargeswill be refunded. If the power of attorney is returned on account of legal defect forcorrection, separate charges of Rs. 50/- for scrutiny of corrected power of attorney will bepayable by the tenderer while re-submitting power of attorney.

The same charges will be recoverable for scrutiny of all documents.

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

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

6. CESS CHARGES : For contractor’s labour employed/residing at stations and in colonies where railwaysanitary facilities exist, Contractor(s) will be required to pay cess charges as per rules inforce on the Railway from time to time.

7 VARIATION IN QUANTITIES DURING EXECUTION

7.1 The quantities shown in the tender schedule are approximate and can be varied forexecution up to 25% plus or minus at the discretion of the railway. In the event of anysuch variation in respect of any or all items of work (whether more or less) to the extend of25% the contractor shall not be entitled to any extra payment on account of any suchexcess or reduction in quantities but will be paid at the accepted contracted rates only forthe actual amount of work done.






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7.2 The actual quantities of work to be done against items of work pertaining tofoundation may however, be varied beyond the limit of 25% plus or minus laid down abovefor which variation also the contractor shall be entitled to no extra payment on account ofany such excess or reduction in the quantities over those given in the contract schedule butwill be paid at the accepted contract rate for the actual amount of work done in all theitems of work done.

8. PROVISIONS OF CONTRACT LABOUR (REGULATION AND ABOLITION ) ACT 1970

(i) The Contractor shall comply with the provision of the contract labour (Regulationand Abolition) Act 1970 and the contract Labour (Regulation and Abolition) Central Rules1971, as modified from time to time , wherever applicable and shall also indemnify theRailway from and against any claims under the aforesaid Act and the Rules.

(ii) The Contractor shall obtain a valid license under the aforesaid Act as modified fromthe time to time before the commencement of the wok and continue to have a valid licenseuntil the completion of the work. Any failure to fulfill this requirement shall attract thepenal provisions of the contract arising out of the resultant non-execution of the work

(iii) The Contractor shall pay to labour employed by him directly of through subcontractors the wages as per provisions of the aforesaid act and the rules whereverapplicable. The Contractor shall, notwithstanding the provision of the contract to thecontrary, cause to be paid the wages to labour indirectly engaged on the work including anyengaged by his sub-contractors in connection with the said work, as the labour had beenimmediately employed by him.

(iv) In respect of all labour directly or indirectly employed in the work for performance ofthe contractor’ part of the contract, the contractor shall comply with or cause to becomplied with the provisions of the aforesaid Act and the Rules wherever applicable.

(v) In every case in which by virtue of the provisions of the aforesaid act or the Rules, theRailway is obliged to pay any amount of wages to a workman employed by the contractor orhis sub contractor in execution of the work or to incur any expenditure in providingwelfare and health amenities required to be provided under the aforesaid Act and theRules or to incur any expenditure on account of the contingent liability of the Railwaydue to the contractor’s failure to fulfill his statutory obligations under the aforesaid Actor the Rules the Railway will recover from the contractor, the amount of wages to paidso the amount of expenditure so incurred and without prejudice to the rights of theRailway under Section 20 sub-section (2) and section 21 sub-section (4) of the aforesaid Act,the Railway shall be at liberty to recover such amount or part thereof by deducting it fromthe security deposit and/or from any sum due by the Railway to the contractor whetherunder the contract or otherwise. The Railway shall not be bound to contest any claimmade against it under sub-section (1) of section 20 and sub-section(4) of section 21 ofthe aforesaid Act accept on the written request of the contractor and upon his giving to theRailway full security for all costs for which the Railway might become liable in contestingsuch claim. The decision of the railway regarding the amount actually recoverable fromthe contractor as state above, shall be final and binding on the contractor.

vi) The contractor shall, indemnify the Railway Administration against any claim forcompensation arising out of section 12 (I) Work-men’s Compensation Act, 1923 andsubsequent amendments there of due to any reasons whatsoever.






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9. ERROR, OMMISSION AND DISCREPANCIES

The tenderer(s) shall not take any advantage of any mis-interpretation of theconditions due to typing or any other error and if any in doubt shall bring it to the notice ofthe Engineer without delay. In case of any contradiction, only the printed rules and booksshould be followed and no claim for the mis-interpretation shall be entertained.

10. DEDUCTION FOR INCOME TAX.

The Railway will deduct 2% of Income tax on the gross amount and surcharge @15% on Income Tax of each bill as prescribed by Government from time to time and suchdeduction of Income Tax shall be recorded while making payment to the Contractor/s Thesettlement of Income Tax should be made with the Income Tax authorities.

11 TRESSPASS

The Contractor shall at all times be fully responsible for any damage or trespasscommitted by his agents or workmen in carrying out the work, even if such trespass isauthorised by the Engineer.

12. INFLAMMABLE ARTICLES Inflammable materials, such as petrol, oil, etc. shall be stores separately from othermaterials and all due pre-cautions as required under the Indian Explosives Act, or anyother act shall be taken by the Contractor(s) to prevent any fires etc.

13. FIGURES, DIMENSIONS, ETC. Figures, dimensions and drawings shall supersede measurements by scale anddrawings to larger scale shall take precedence over those to a smaller scale. Specialdimensions or directions in the specification shall supersede all else.

14. PLEA OF CUSTOM The plea of custom prevailing will not on any account be permitted as excuse for aninfringement of any of the conditions of the contract or specification.

15. ARRANGEMENT FOR PERMITS OR LICENCE Arrangement for permits and licence for materials will not be made by the Railwayor any assistance given. The Contractor will have to make his own arrangements. Also noimport licence shall be arranged by the Railway for this work.

16. TAXES AND ROYALTIES All rates quoted in the tender shall be deemed to be inclusive of all taxes, royaltiespayable by the Contractor(s) to the government or public body or local authority and noadditional amount will be paid or claim entertained on this account by the Railway.

17 NOTICE TO PUBLIC BODIES The Contractor(s) shall give to the Municipality Police and other authorities allnotices that may be required by law and obtain all requisite licences for temporaryobstruction, enclosures and pay all fees, taxes and charges, which may be leviable onaccount of his operations in executing the contract. He should make good any damage toadjoining premises whether public or private and supply and maintain any lights etc.required at night.






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18. INSPECTION REGISTERS AND RECORDS The Contractor(s) shall maintain accurate records, showing the dates and placesand the Engineer shall have access to this information at all reasonable

i) LOG Book of Events All event are required to be chronologically logged in this book shift wise and datewise. Any other register considered necessary by the Engineer, shall be maintained at sitein which the representative of the Engineer and the Contractor will have to sign. TheRegister proforma, charts, etc. will be property of the Railway.

B. ADDITIONAL19. EXCEPTED MAETER All measurements method of measurements, meaning and intent of specificationsand interpretation of special conditions of contract, given and also made by the Railway orby the Engineer on behalf of the Railway shall be final and binding and shall be considered“Excepted Matters” in terms of conditions No 63 of the General conditions of contract.

20 THE SETTLEMENT OF DISPUTES20.1 The successful tenderer/s shall put up his/their claim as per clause 43 of theGeneral conditions of contract during the progress of work and not after completion of thework. All such claims and disputes shall be settled promptly during the progress of theworks. The final authority for giving the decision on claims and disputes put up by thetenderer/s Contractor/s shall be the Chief Administrative Officer (Cons.) Western Railway,Mumbai only.

20.2 The provision of the clause 63 and 64 of General Conditions of contract will beapplicable only for settlement of claims of disputes between the parties for value less thanor equal to 20% of the value of the contract, and when claim or disputes are of the valuemore than 20% of the value of the contract, provision of clause 63 and 64 and otherrelevant clauses of general conditions of contract will not be remedy for settlement of suchdisputes.

20.3 The Contractor/s shall not entitled to ask for reference to arbitration, before thecompletion of the work assigned to him/them under this contract. The Contractor/ shallseek reference to arbitration to settle the disputes only once within the ambit of condition20.2 above.

20.4 The Contractor/s shall not be entitled to make any claim whatsoever against theRailway under or by virtue of or arising out of this contract, nor shall the Railway entertainor consider any such claim, if made by the contractor/s after he/they would have signed a“No claim” certificate in favour of the railway in such form as shall be required by theRailway/s after the works are finally measured up. The Contractor/s shall be debarredfrom disputing the correctness of the items covered by “No claim certificate” or demanding areference to arbitration in respect thereof.

20.5. These special conditions shall prevail over existing clause 63 & 64 of theGeneral Conditions of contract other than provision relating to “Excepted Matter” Forsettlement of disputes between one Government Deptt. And another or betweenGovernment Departments and Public Sector undertaking the following special conditionsshall be applicable. “In the event of any dispute or difference between the parties hereto,such dispute or condition shall be resolved amicably by mutual consultation through thegood officers of empowered agencies of the Government. If such resolution is not






30

possible, than the unresolved dispute or difference shall referred to arbitration of anarbitrator to be nominated by Secretary Department of Legal Affairs (Law Secretary) interms of office Memorandum No. 55/3/1/75/CF dated 19.12.75 issued by CabinetSecretary (Department of Cabinet Affairs) as modified from time to time. The ArbitrationAct, 1946 or the arbitration clause contained in the General Conditions of contract shall notbe applicable to the arbitration under this clause. The award of the Arbitrator shall bebinding upon parties in the dispute, provided however, any party aggrieved by such awardmay make further reference for setting aside or revision of the award to Law Secretarywhose decision shall bind the parties finally and conclusively”

21.0 EMERGENCY WORKS In the event of any accident or failure occurring in, on or about the work or arisingout of or in connection with the construction, completion or maintenance of the works ,which in the opinion of the Engineer requires immediate attention, the railway may bring itsown workmen or other agency to execute or partly execute the necessary work or carry outrepairs if the Engineer considers that the contractor/s is/are not in a position to do so intime and charge the cost thereof, which will be determine by the Chief AdministrativeOfficer (Construction) Western Railway, Mumbai-20 to the contractor/s

22.0 SAFETY PRECAUTIONS

22.1 The Contractor/s shall at all times adopt such safe methods of work as will ensuresafety of structure, equipment and labour. If at any time the Railway finds the safetyarrangements unsafe , the contractor/s shall take immediate corrective action as directedby the Railway’s in the matter shall in no way absolve the contractor/s of his/their soleresponsibility to adopt safe working methods.

22.2 The Contractor/s shall design and execute temporary works such as form work andsupports, so as to ensure absolute safety of contractors personnel as well as Railway staffand personnel engaged on the work. The contractor/s should indemnify the Railwayagainst damages and injury to workmen. Railway reserves the right to enforce safetyregulation on the contractor/s and recover any cost which may be incurred for the purpose.

23.0 COMPLETION PERIOD

Time is the essence of contract and the contractor/s shall have for a period of 12(Twelve) months including monsoon from the date of acceptance of the tender).

24.0 VARIATION IN EXTANT OF CONTRACT.

24.1 MODIFICATIONS TO CONTRACT TO BE IN WRITTING

In the event of any of the provisions of the contract requiring to be modified, afterthe contract documents have been signed, the modifications shall be made in writing &signed by Railway and the contractor, and no work shall proceed under such modificationsunless this has been done. Any verbal or written arrangement abandoning, modifying,extending, reducing or supplementing the contract or any of the terms thereof shall bedeemed conditional & shall not be binding on the Railway unless & until the same isincorporated in formal agreement & signed by the Railway and the contractor, and till thenthe Railway shall have the right to repudiate such arrangement






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24.2 POWER OF MODIFICATION TO CONTRACT

24.1 The quantities shown in the tender schedule are approximate and can be varied forexecution upto 25% plus or minus at the discretion of the railway. In the event of any suchvariation in respect of any or all items of work (whether more or less) to the extend of 25%the contractor shall not be entitled to any extra payment on account of any suchexcess or reduction in quantities but will be paid at the accepted contracted rates onlyfor the actual amount of work done.

24.2. The actual quantities of work to be done against items of work pertaining tofoundations may, however, be varied beyond the limit of 25% plus or minus laid downabove for which variation also the contractor shall be entitled to no extra payment onaccount of any such excess or reduction in the quantities over those given in the contractschedule but will be paid at the accepted contract rate for the actual amount of work donein all the items of work done pertaining to foundations.

24.3. For variation in value beyond(-) 25% (Minus Twenty five percent) of the agreementalvalue, the work shall be done at the same rates, terms and conditions by the contractor.

24.4. Individual NS items in contracts shall be operated with variation of plus or minus25% and payment would be made as per the agreement rate. For this, no financeconcurrence would be required.

24.5. In case of increase in quantity of an individual item by more than 25% of theagreement quantity is considered as unavoidable, the same shall be got executed by floatinga fresh tender. If floating a fresh tender is considered not practicable negotiations may beheld with the existing contractor for arriving at reasonable rates for additional quantities inexcess of 125% of agreement quantity.

24.6. The limit for varying quantities for minor value items shall be 100% (as against 25%prescribed for other items). A minor value item for this purpose is defined as an item whoseoriginal agreement value is less than 1% of the total original agreement value.

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

24.8. As far as SOR items are concerned, the limit of 25% would apply to the value of SORschedule as a whole and not on individual SOR items. However, in case of NS items, thelimit of 25% would apply on the individual items irrespective of the manner of quoting therate (single percentage rate or individual item rate)

25.3 VALUATION OF VARIATION

The enlargement, extension reductions, alterations or additions referred to in sub-clause(2) of this clause shall in no degree affect the validity of the contract but shall beperformed by the contractor as provided therein & be subject to the same conditions,stipulations and obligations as if they had been originally and expressly included andprovided for in the specifications and drawings and the amount to be paid therefore shall becalculated in accordance with the accepted schedule of rates, any extra item/quantities ofwork falling out side the purview of the provisions of sub clause(2) above shall be paid for atthe rates determined under clause 39 of General Conditions of contract .






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26.0 INSTRUCTIONS/DIRECTIVES OF THE ENGINEER’ s REPRESENTATIVE

26.1 The Contractor shall at times, execute the contract work only in the presence andunder the superintendence of the Engineer’ s representative of a Railway employeespecifically appointed on his behalf. No work under the contract shall therefore becommenced by the contractor without the express permission of the Engineer’sRepresentative.

26.2. The Contractor shall always execute the work under this contract in strictcompliance with the instruction/directives by the Engineer’s Representative. Any act of noncompliance with the instruction / directives issued by the Engineer’s Representativeshall be considered as a default of the contractor where after the Railway shall be freeof take further appropriate action as provided in the contract for dealing with suchdefaults of the Contractors. The decision of the Engineer’s Representative wherethere has been an act of non-compliance with the instructions/directives of the Engineer'srepresentative for the purpose of this clause shall be final and conclusive.

26.3 The instructions /directives by the Engineer’s Representative shall not howeverabsolve the contractor of his responsibility or reduce his responsibility in any mannerwhatsoever in regards to maintaining at all times the safe working conditions at thework site.

27.0 NON COMPLIANCE WITH THE INSTRUCTIONS/DIRECTIVES OF THE ENGINEER’ s REPRESENTATIVE.27.1 The Contractor shall always comply with the instruction/directives issued by theEngineer Representative from time to time. In the event of any non compliance with suchinstructions/directive apart from and in addition to other remedies available to the Railwayas specified herein above, the Engineer’s Representative may employ at the work site theRailway Workmen with necessary equipment as considered appropriate and adequate byhim to provide the requisite conditions for the safe and unhampered movement of railwaytraffic. The decision of the Engineer’s Representative in regard to the need, appropriatenessand adequate of the deployment of the Railway workmen with necessary equipment shall befinal and conclusive.28.0 PRESISTENT NON COMPLIANC WITH INSTRUCTIONS/DIRECTIVES OF

ENGINEER' s REPRESENTATIVE.

28.1 If the contractor does not comply with the Instructions / directives of theEngineer's Representative apart from and in addition to the remedies available to theRailway as specified herein above without prejudice to the Railway rights in this regard, theEngineer's Representative, which for the purpose of this clause shall exclude the Inspectorof Civil Engineering Department, appointed by the Western Railway can suspend thecontractor's work till the Engineer's Representative is satisfied that the Contractor is in aposition/will comply with the instructions/directives issued by the Engineer'sRepresentative.

28.2 The decision of the Engineer’s Representative in this regard shall be final andconclusive. The Contractor shall not have any claim whatsoever against the Railway forsuch short term/long term suspension of the contract work.






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28.3 During the above mentioned period of suspension of work, the contractor shall notin any manner attempt to carryout any work at the work site. Any such attempt of thecontractor shall be deemed to be an un-authorized work on the Railway Track. For suchacts, the contractor shall then be liable for further appropriate action under the relevantprovisions of the Indian Railway Act.

29.0 WARRANTEE The Contractor/s shall warrant the materials supplied under this contract to be freeof any defects in material and workmanship under this contract.

30.0 In case the overall value of the tender by Public Sector undertaking of the state orCentral Government is higher than the value of lowest tender up to 10% the Railwayreserves the rights to give preference to such public sector undertaking ignoring the lowertenderer/s

31.0 All taxes such as Income Tax, Sales Tax and other taxes as prescribed byCentral/State Government from time to time shall be applicable. The contractor shall befully responsible for payments of all such taxes without any liability of RailwayAdministration deducting towards such taxes shall be made from the payments of thecontractor in accordance with rules in force from time to time.

32.0 OBSERVANCE OF STATUTORY ACT RULES ETC. The Contractor/s will be bound by the provision of the Minimum Wages Act 1948 asamended from time to time and the rules made there under with regard to labour inschedule employment i.e. on road construction building operation and stone breaking andstone crushing “Road Construction” will include new construction as well as maintenanceand repairs of road and building portions will include and construction of lakes, wharfs,bridges tunnel overhead tanks etc. and also maintenance and repairs of the same. Theprovision of the minimum Wages Act will also apply to ordinary maintenance works, pettyworks also. The schedule of minimum wages as provided shall be followed.

33.0 AGREEMENT / SUB AGREEMENT One Contract Agreement will be entered into for entire tender. However, for thepurpose of payment and their finalization separate sub agreement/ work order forindividual schedule may be issued.

34.0 AGREEMENT CHARGES The successful tenderer shall pay all local charges in connection with thepreparations stamping and registration of the agreement and other incidental charges ifany.

35.0 SIGNING OF CONTRACT DOCUMENTS

35.1 The Tenderer/s whose tender is accepted shall be required to appear at theoffice of the Dy. Chief Engineer (Construction)II, Western Railway , Ratlam in person or ina firm or corporation duly authorized representatives shall so appear and to execute thecontract documents within Seven days after notice that the contract has been awarded tohim.35.2 Failure to do so shall constitute a breach of the agreement affected by theacceptance of the tender in which case the full value of the earnest money accompanyingthe tender shall stand forfeited without prejudice to any other rights or remedies.






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35.3 In the event of any tenderer/s whose tender is accepted shall refuse to execute thecontract document as herein before provided. The Railway may determine that suchtenderer/s has/have abandoned the contract and their upon their tender and theacceptance thereof shall be treated as canceled and the Railway shall be entitled to forfeitthe full amount of the earnest money and to recover the liquidated damages for suchdefault.

Dy. Chief Engineer (Construction) III, Western Railway, Ratlam ( M. P.) For and on behalf of the President of Union of India

This tender has been submitted by me/us after satisfying myself / ourselvesabout all factor pertaining to this work such as site conditions, availability of labour,quantum of work etc. and General Conditions/ Special conditions which apply to this work.

I/We accept the above conditions.

Signature of Tenderer/s Date :






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Name of work : RTM/DINL/DY.CE/C/III/23 (Hiring Vehicle) - Hiring of vehicle Armada /Marshal /Scorpio / Tata Sumo /Toyota Qualis/Travera / Bollero/ Innova make includingmaintenance Major / Minor repairs cost of lubrication, fuel, drivers and all other ancillarycosts etc. complete at Ratlam station for Deputy Chief Engineer (Construction) III, Ratlamin connection with Construction of new BG line between Dahod – Indore section of WesternRailway.

SPECIAL CONDITIONS OF CONTRACT PART-II (Technical)

1.0 Scope of work:

1.1 The scope of work involves hiring of 1(one) vehicle at Ratlam station.

1.2 This tender consist of only one schedule and only one NS item.

1.3 The period of hiring of this contract is of 09 (Nine) months.

2.0 The following conditions shall apply for the purpose of this contract

(a) One Hour is of 60 minutes for the purpose of payment charges. A fraction up to 30minutes will not be taken into account and more than 30 minutes shall be treated as anhour.(b) “Day” means a calendar day starting from 00 hours to 24 hours.(c) “Month” means a calendar month starting up from 1st day of the month to last dayof the month.(d) Vehicle shall mean Armada / Marshal /Scorpio / Tata Sumo /Toyota Qualis /Travera / Bollero/ Innova make (As required & approved by Railway Administration)

3.0 PERIOD OF CONTRACT:-

3.1 This Contract will be valid for 09 (Nine) months from the date of acceptanceincluding monsoon period.

3.2 Railway reserves the right to terminate the contract at any time without assigningany reason thereof by giving a one month notice. Contractor shall not be entitled forany compensation in case of such termination.

4.0 The contractor shall supply vehicle in good and perfect working condition andvehicle shall be maintained in good condition through out the period of validity ofcontract so as to ensure satisfactory service under the contract. Railway shall havethe right to reject the vehicle if not found suitable for Railway use and contractorhas to bring a good condition vehicle immediately.

4.1 The vehicle so offered shall not be older by more than four years. (its model shouldnot be earlier than year December- 2005).

4.2 Tenderer shall necessarily indicate following details regarding offered vehicle :(i) Type of vehicle(ii) Year of Model.






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5.0 Contractor shall quote a monthly rate for hiring of vehicle. The rate shall include thefollowing:-

(i) All maintenance expenditure of the vehicle i.e. major and minor repairs required forgood running of the vehicle lubricants, all consumable other than Diesel/Petrolwhich shall be included as per para (ii) below.

(ii) Rate shall include cost of Diesel/Petrol/Engine oil for running of vehicle upto 2000Km per month.

(iii) Rate shall include salary and other charges of driver.

(iv) Rate shall include payments to RTO Labour authorities, local municipal authorities,toll, road, Bridge taxes, levies, fees, tool and all other charges which are necessaryfor the continuance of the services under the contract.

(v) Rate shall include hiring of vehicle for Normally 12 hours in a day for this purposethe normal working hours shall be from 8.00 to 20.00 hrs. However as per therequirements of the Railway, the vehicle can be called on for duty before & after thementioned daily hour and contractor shall be paid extra for such hours asmentioned in condition No.6 here after

(vi) Any other charges required for execution of this contract except as laid down in para6.0 below.

6.0 In addition to above monthly rate following extra charges shall be paid whenever theneed arises.

(i) In case vehicle is required to run beyond 2000 Kms in a month extra payment fordiesel etc. shall be made at the rate of Rs. 6/- (Rs. Six only) per km. for kilometersbeyond 2000 Kms. This rate shall be applicable during entire currency of contract.

(ii) In case vehicle is used beyond normal working hours ( i.e. before 8.00 hrs and/orafter 20.00 hrs) in a day, extra payment shall be made at Rs. 15/- (Rs. Fifteen only)per hour. In such case nothing will be paid extra for driver to night service..

(iii) In case driver has to make night halt out of Headquarter extra payment shall bemade at the rate of Rs. 120/- (Rs. One hundred twenty only) per night. In suchcases extra hourly payment as in item 6(ii) above shall be admissible only for theperiod for which vehicle is in use (except halting period) as mentioned in log book ofthe vehicle.

7.0 Vehicle shall be attached with Deputy Engineer (Construction) III- Ratlam.Attachment of vehicle can be changed as and when required by Railway which shallbe informed in writing.

7.1 The Vehicle will be stationed at Ratlam.

7.2 Driver / vehicle shall report to the officer concerned to whom the vehicle is attached.The duty hours and Km shall be counted up to office of such officers on release ofvehicle for the day. In case of situations where the above cannot be applied, theofficer to whom the vehicle is attached shall decide the count of duty hours and kmsfor both reporting and release of vehicle.






37

8.0 One weekly off is permitted to the driver normally on Sunday. However the day ofweekly off can be changed due to urgencies of work at the discretion of the officer towhom the vehicle attached. Any weekly rest day/absence from duty shall be decidedwith prior permission of Officer to whom the vehicle attached. Absence from dutywithout prior permission of Officer in charge shall be treated as “unauthorizedabsence”. Deduction for weekly rest and unauthorized absence shall be done as perclause 15 explained hereafter.

9.0 Normal duty of driver will be for 12 hours in a day. Normal working shall be from8.00 Hrs to 20.00 Hrs. However the vehicle shall be made available without fail ifrequired at any time round the clock and payment for extra duty hour shall be madeas per special condition No.6.

10.0 Contractor shall maintain a separate log book in prescribed format, which shall bejointly signed by the railway officer using the vehicle and driver of the vehicle. It willbe the responsibility of the driver of the vehicle to ensure that the log book isproperly filled in and any over writing / cutting should be got authenticated by theofficer using the vehicle.

11.0 Contractor shall ensure that enough fuel is available in the vehicle all the time.

12.0 Contractor shall ensure that all the matters particularly KM fuel and devices ofvehicle are in proper working condition. In case any defects get developed and arepointed out by Railway authority, repairs and replacement necessary should becarried out immediately by the contractor at his own cost, failing which kilometerscertified by the officer using the vehicle will be final and no other claim will beentertained.

13.0 To avoid any mishap or accident during the operation of vehicle, the contractor shallensure that only skilled staff with sufficient experience in their respective trade aredeployed on the job and are not put to over exertion as per labour law.

14.0 Contractor shall provide a good condition spare wheel and tools kit with eachvehicle.

15.0 The contractor shall ensure that the vehicle is available every day. Any case offailure to provide a vehicle shall be treated as unauthorized absence and a penalty ofdouble the normal daily rate shall be levied for each day. Deduction for authorizedabsence and weekly rest shall be done at the normal daily rate basis. Normal dailyrate shall be calculated by dividing the accepted monthly rate in NS/1 by the No. ofdays of the calendar month.

16.0 Normally running bill account bill shall be made from 1st day of the month to thelast day of the calendar month. However if circumstances require to pay for a fewdays (Part of the calendar month in 1st and or last running account bill) of acalendar month same shall be done on the basis of normal daily rates.

17.0 In the event of break down of vehicle en-route during the course of operation,contractor has to provide a substitute within 2 hours plus, reasonable running timefrom garage of the contractor to the place of break down, failing which a penalty of






38

double the daily rate shall be levied for delay of each day. Daily rate shall becalculated as per clause 15 above.

18.0 In the event of break down of vehicle en-route responsibility of transporting theincumbent to his destination shall be borne by the contractor.

19.0 The contractor shall be governed by the general condition of contract and 10%security deposit shall be deducted from the payment. Payment shall be made onmonthly basis. Income tax shall also be deducted as per the extent rules.

20.0 The tenderer shall be required to submit all papers/certificates (i.e. registrationcertificate, fitness certificate and insurance policy etc.) for verification by the officerfor the vehicle registered in his name.

21.0 The drivers put on the job by the contractor must always posses valid drivinglicense, the driver must always carry registration papers, road tax paid receiptsinterstate.

22.0 Vehicle should have permit for MP, Rajasthan & Gujrat states, if the permit of otherthan these three states is required then the same shall be obtained by the contractorand cost of this temp. permit shall be borne by the Railway. The toll tax, any othercharges/levies etc. if any shall be borne by Contractor.

23.0 The driver/staff provide with the vehicle must be physical /medically fit,professionally sound and Legally competent in all respect holding valid licenseprescribed under prevailing motor vehicle Act and Rules.

24.0 The vehicle/s deployed on the job should be fit in all respects for operation inaccordance with the prevailing motor vehicles Act and Rules amended from time totime and all their relevant valid RTO documents like RC Book, Insurance certificate,fitness certificate, etc. must be available with taxes, levies fees etc. paid up to date.The contractor shall be exclusively and solely responsible for any lapse in thisregard and Railway stands completely indemnified by the contractor against suchdefaults.

25.0 The contractor shall be liable to honour the central and state government laws,statutory rules regulation, notification like legislation local self governmentMunicipal requirement etc. and shall be solely responsible for any breach thereofRailway stands indemnified against any penalty/prosecution consequent to theviolation (deliberate or in advertent) by the contractor or his employeesrepresentative etc. of such statutory provision in force.

26.0 The contractor shall indemnify railway against any or all claims which may ariseunder the motor vehicles Act Workmen’s compensation Act. or any other Act orstatute having bearing over the services and for engagement or workmen directly orindirectly for performance of work under the contract.

27.0 The contractor shall indemnify railway its employees against any penalties asPRINCIPAL EMPLOYER, for any failure of the contractor to honour various statelaws/enhancement.






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28.0 Driver must have sufficient imprest from company/ contractor to meet withcontingencies en-route.

29.0 The vehicle shall normally be used all type of Road i.e. Pucca, Kutcha, service roadetc. and depending upon the requirement. The vehicle can also be used in otherareas as per Railway requirement.

30.0 If any accident/damage due to any reasons takes place, penalty/ compensationshall be born by contractor.

31.0 If requested by the contractor (or required by Railways), Railway shall permitparking of the vehicle during off duty hours in railway premises. However, Railwayshall have no liability in case of damage / theft to such parking vehicle.

32.0 Contractor has to manage own fuel, lubricants, all accessories, for operation &maintenance of vehicle.

33.0 The contractor has to change seat covers once in a week by washed / ironed seatcovers.

Signature of Tenderer/s. Deputy Chief Engineer (C) III, Western Raiwlay, Ratlam (MP) For and on behalf of the President of Union of India.

This tender has been submitted by me/us after satisfying myself / ourselvesabout all factor pertaining to this work such as site conditions, availability of labour,quantum of work etc. and General Conditions/ Special conditions which apply to this work.

I/We accept the above conditions.

Signature of Tenderer/s Date :






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Name of work : RTM/DINL/DY.CE/C/III/23 (Hiring Vehicle) - Hiring of vehicle Armada /Marshal /Scorpio / Tata Sumo /Toyota Qualis/Travera / Bollero/ Innova make includingmaintenance Major / Minor repairs cost of lubrication, fuel, drivers and all other ancillarycosts etc. complete at Ratlam station for Deputy Chief Engineer (Construction) III, Ratlamin connection with Construction of new BG line between Dahod – Indore section of WesternRailway.

SCHEDULE APPROXIMATE QUANTITIES

ItemNo.

Description Qty. Unit Rate Amount

09 Per monthper vehicle

20591.00 185319.00NS/1 Hiring of vehicle Armada / Marshal /Scorpio /Tata Sumo /Toyota Qualis/Travera / Bolloro/ Innova makeincluding maintenance Major /Minor repairs cost of lubrication,fuel, drivers and all other ancillarycosts etc. complete at Ratlam stationfor Deputy Chief Engineer(Construction) III, Ratlam inconnection with Construction of newBG line between Dahod – Indoresection of Western Railway.

(Rs. Twenty thousand five hundredninety one only)

Total Rs. 185319.00NOTE1. The quantity shown in the schedule of quantities are approximate and are

meant to give the tenderer/s as idea of quantum of work involved.

2. Railway reserves the right to add or delete form and of item and toincrease/decrease the quantity by up to 25%

3. The tenderer/s is/are required to quote his/their own percentage rate above/below for the above schedule in the space provided for this purpose below :

---------------------------------------------------------------------------------------------

Signature of tenderer/s Deputy Chief Engineer(C) III, Western Railway, Ratlam (MP)


I/We offer and agree to execute the work as per above Schedule @ ----------

-------------------------------------------------- percentage above/below for the aboveschedule

Signature of Tenderer/s Date.






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PROFORMA – IA

1) Full name of Contractor / Construction firm and : year of Establishment.

2) Registered Head Office Address :

3) Branch office in India :

4) Constitution of firm give full details including : names of part partners / Executive / Power of Attorney holders etc.

5) Particulars of Registered with Government / : Semi Government Organization Public sector Undertaking and Local Bodies etc.






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PROFORMA – I B

DETAILS OF WORKS UNDER EXECUTION TO WORKS TENDERED

Details of work in hand Details of Tender submitted Its

Name ofwork

Work TendereredSr.No.

Nameof work

Place Tendercost

Work inhanddate ofcommencement

Expecteddate ofcompletion Estt. Date

whenStipulateddate orperiod ofcompletion






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PROFORMA – II

DETAILS OF ALL CIVIL ENGINEERING WORKS CARRIED OUT DURINGPAST THREE YEARS

Time taken forcompletion of work

Sr.No.

Name of work Place TenderedCost

Commencement date

Actualcompletion

date

Principalfeatureof theworkbrief






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PROFORMA – III

DETAILS (PLANTs AND MACHINERY)

Sr.No.

Particulars ofequipment

No. ofunit

Kindmake

Capacity Age andconditions

Remarks. (Givepresent location,if already owned

if to be purchasedgive date of

placing / orderand likely date of

receipt






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PROFORMA –IV

PARTICULARS OF PERSON TO BE EMPLOYED ON THE WORK

Sr. No. Name and Designation Qualification Professionalexperience

Remarks

Signature of the Tenderer/s

Date :






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PROFORMA – V

SUB CONTRACTORS

Item Element of work Approximatevalue

Name andAddress of sub

contractor

Statement ofsimilar work

previously executed

*The consultants proposed to be engaged for preparation of design and drawings for thebridge should also be included in schedule.

Signature of Tenderer/s.

END OF DOCUMENTS