SOUTH EASTERN RAILWAY

ADRA DIVISION

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DIVISIONAL RAILWAY MANAGER (ELECTRICAL)/ADRA

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ISSUED TO _______________________________________________________________

Price : Rs.2000 Copy No .

CONSTRUCTION OF NEW CASH AND TRAIN ESCORTING COY BARRACK, KITCHEN, DINING HALL,

GYM, FURNITURE ETC. AT BKSC.

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SOUTH EASTERN RAILWAY

{Z{~Xm g§…/ TENDER Notice : EL(W)/OT/5/HMT/LED/RPF Barrack/BKSC/16 dt. 15.03.16

Divisional Electrical Engineer(Genl.), S.E.Railway/Adra for and on behalf of the President of India, invites Sealed Tender for the following work, from the reputed firms/contractors with sufficient experience and financial capabilities including those registered with any Government Department or Public undertakings and have executed similar nature of works. Srl No.

Description of work Tender value(Rs.)

Earnest Money (Rs.)

Time for completion

Cost of Tender

document (Rs.)

A Improvement of lighting arrangement by providing High Mast Tower/ pole lighting system with LED light at Bankura, Chandil, Chourasi, Purulia, Chandrakona Road, Jhantipahari & Bishnupur.

47,07,226/- 94,150/- 180 days 3000/-

B Construction of New cash and train Escorting Coy Barrack, Kitchen, Dining Hall, Gym, Furniture etc. at BKSC.

8,67,834/- 17,360/- 180 days 2000/-

Note on service tax on cost of tender documents : The amount of service tax on cost of tender document i.e. Rs.435/- for Srl. No. A and Rs.290/- for Srl. No. B to be deposited by the tenderer(s) directly to the service tax authority and necessary invoice /proof of having paid the service tax to the service tax department to be produced to the Rly. Administration during the currency of contract. 1. Date, time & place of sailing of

Tender : Tender forms can be obtained from the Office of the

Divl.Electrical Engineer(G)/ Adra, S.E.Railway during office hrs. From 28.03.16 & up to 11.00 hrs. on 29.04.16 on production of original money receipt after deposition of cost of Tender paper (non refundable) Allocation Z-650.

2. Date, time & place of Closing of Tender

: Up to 13.00 hrs. of 29.04.16. The Tender may be dropped in the special box available in the office of the DEE(G)/Adra during office hours.

3. Date, Time & place of Opening of tender

: At office of the DEE(G)/Adra 15.30 hrs. of 29.04.16

4. On behalf of President of India, Divl. Rly. Manager (Elect)/Adra S. E. Railway invites Sealed

Tender for the above work from bonafide and reliable contractors having following eligibility Criteria :

[a] Must have valid Electrical Contractors license and Electrical Supervisory certificate from

State Govt./Central Govt. related to this work.

5. The tenders submitted without documentary evidence for fulfilment of the eligibility criteria will not be considered. References to previous deposition of credentials in any tender will not be accepted and the credentials should be submitted with each tender.

6. The tender must be accompanied with the requisite amount of earnest money in acceptable form as mentioned in the tender document. Earnest money should be in cash or in the form of Banker’s Cheque/Demand Drafts in favour of FA & CAO, S.E.Railway, Garden Reach. No interest will be paid on the above EMD.

7. Tender documents should not be sent by ordinary post. Tenders received in this office by

registered post on or before 13.00 hrs. of 29.04.16 will be deposited in the tender box before the closer.

8. In case the office remains closed on the date of opening of the tender for any unforeseen

circumstances, the tenders will be received and opened on the next working day at the same time & place.

9. The Railways reserves the right to accept or reject any bid including the lowest one or all

the Tenders or part thereof and split the contract without assigning any reason. Conditional bids incomplete/delayed offers for any reason shall stand rejected.

10. The Tenderers must have submit the Service tax registration Number along with tender

documents. 11. Request for issue of tender paper through post is not acceptable. 12. Tender forms are not transferable. 13. The tender document downloaded form the Website can also be dropped in the Tender Box

along with the original money receipt of prescribed amount towards the cost of Tender form. N.B.:The above tender Notice is available at NIC’s Web site www.tenders.gov.in and

S.E.Railway’s Website i.e. www.ser.indianrailway.gov.in Tenderers can also download the Tender document from the above Website from 28. 03.16 & up to 11:00 Hrs. on 29.04.16. Tender Notice is also available at the Notice Boa rd of DEE(G)/ADA’s office.

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Divl.Railway Manager (EL)/Adra , S.E.RAILWAY

FOR AND ON BEHALF OF PRESIDENT OF INDIA.

Copy to : DRM/Adra for kind information please. Copy to : ADRM/Adra for kind information & up loaded to Website please. Copy to : Sr.DFM/Adra for information. He is requested to please depute one of the section officer to witness the opening of the tender as mentioned above at 15.30 hrs. on 29.04.16 Copy to : CEE/GRC & CEE/Con/GRC for kind information please. Copy to : DRM/EL/KGP, SRC, RNC, and CKP for wide publicity. Copy to : CPM/RE/RNC, CPM/RE/BBS. Copy to : Divl.Cashier/ADA & Sr.Divl. Audit Officer/Adra. Copy to : Notice Board.

O F F E R L E T T E R

To The President of India, Acting through DIVL.RLY. MANAGER (ELECT) South Eastern Railway, ADRA. Dear/sir,

1. I/We ________________________________________________ have read various conditions to tender hereto attached 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 (One hundred twenty) days from the date fixed for opening the same and in default thereof, I/We will be liable for forfeiture of my/our Earnest Money. I/We offer to do the work as detailed below at the rates quoted below :

Name of Work Approx. value of contract

Rate in Percentage ABOVE/PAR/BELOW to be quoted in figures as well as in

words.

Construction of New cash and train Escorting Coy Barrack, Kitchen, Dining Hall, Gym, Furniture etc. at BKSC.

Rs. 8,67,834/- (Rupees Eight lakh sixty seven thousand eight hundred thirty four only).

_______________ %

( IN FIGURES ) ABOVE/PAR/BELOW ________________________ ________________________

( IN WORDS ) ABOVE/PAR/BELOW

NOTE :

(a) The Tenderer(s) should quote only UNIFORM percentage ABOVE/ PAR/BELOW the rates of all items given in the schedule on overall basis including all taxes and any other statutory duties only on this offered letter.

(b) No special conditions will be accepted and the tender will be treated as non-

responsive in case of any conditions quoted by the tenderer.

(c) Conditional tender will be summarily rejected.

2. I/We hereby bind myself/ourselves to complete the works within the time limits specified in the conditions of tender. I/We also hereby agree to abide by the General Condition of Contract and to carry out the works according to the standard specifications for materials and works laid down by the Railway for the present contract.

3. I/We declare that I/We the S.E. Railway Schedule of Labour and Materials rates revised edition 1992 corrected up to date i.e. up to date Correction Slip No.1 dated 05-9-1995 and gone through rates, regulations of tenders and contract General

Conditions, Special conditions, Specifications and other particulars embodied in volume 2 of 1994 and have fully understood and agree to abide by them.

4. A sum of Rs. 17,360/- is hereby forwarded as Earnest Money Deposit. The full value

of the Earnest Money shall stands forfeited without Prejudice to any other right or remedies if

(a) I/We do not execute the contract documents within SEVEN days after receipt of

notice issued by the Railway that such documents are ready. OR

(b) I/We does not commence the work within 10 days after the receipt of the order to that effect.

OR (d) If the documents furnished along with the tender documents, found defective/

fabricated or not genuine. 5. Until a formal agreement is prepared and executed, acceptance of this tender shall

constitute a binding contract between us subject to modifications as may be mutual agreed to between us and indicated in the Letter of Acceptance of my/our offer for this work.

6. I/We may enclose the IT, ST clearance certificate or declaration to that effect as

required pertaining to me/us for the year. CONTRACTOR’S ADDRESS : ___________________________________

___________________________________

___________________________________

(Mobile No.) ___________________________________

SIGNATURE OF TENDERER(S)/CONTRACTOR(S)

PART – I Tender Schedule

Construction of New cash and tr ain Escorting Coy barrack, kitchen, Dining Hall, Gy m, Furniture etc at BKSC. Tender schedule should read with expl. note etc.

Sr. No. Description of works Qty. Unit

Rate Amount Total (Rs)

Supply Erection

Supply Erection

1 Supply, installation, testing & commissioning of industrial grade energy efficient box type FL Indoor fitting complete with electronic ballast for 1x28watt fluorescent lamp duly wired for use on 240 volts single phase 50 C/s. AC supply WITH LAMP .make surya /havells /phillips/ bajaj

133 Nos. 625 0 83125 0 83125

2 Supply, installation, testing & commissioning of LED Slim Down light CARINA Series Recess Mounted Square Type Slim LTCR SLM 16 HPLEDSQ/WW 16 Watt. Warm White Make- C&S)/ (similar type model of Philips or Havell or Bajaj.)

16 Nos. 2993 0 47888 0 47888

3 Supply, installation, testing & commissioning of Wall mounted oscilating fan Sweep 450mm. Make (ORIENT Model No.48 wall fan)/(similar model of USHA or CG or Havell)

14 Nos. 2179 0 30506 0 30506

4 Supply, installation, testing & commissioning of Single phase propeller type ventilating fan (Ex.fan) IS 2312/67 with latest amendment complete with mounting ring with four number fixing holes without regulator but with lewver shuters 4 pole 300 mm sweep. Model (metal type) Ventil Air -DS Make Havells/USHA/CG/khaitan.

13 Nos. 1784 162 23192 2106 25298

5 supply at site , testing and installation of Plug socket 5 A 5 pin including installation and wiring charges.and all necessary accessories to complete the work in all respect.

57 Nos. 29 73 1653 4161 5814

6 Supply, installation, testing & commissioning of 5 in one 15A combined socket with fuse and indication lamp with separate wiring. with all necessary accessories to complete the work in all respect.

7 Nos. 394 67 2758 469 3227

7 Supply, installation, testing & commissioning of New generation energy saving & environmental friendly long life versatile pressure dia cast Aluminium IP-65 road way luminaries endure cityliner-48 watt with high power LED street light as light source & electronic driver lamp type -48 W LED 6000K-(ordering code LHETAXU7PN6WC48 optics general

27 Nos. 7760 0 209520 0 209520

spread make-HAVELLS)/Similar make Philips or Bajaj or CG or GE

8 Erection Testing and Commissioning out door type fitting with25mm dia GI pipe GI pipe of medium duty (1.5 Mtr. length), MS clamp & nut bolt with all accessories, pipe should be cold bend at an angle 120 degree in 3:2 ratio.& Suitable channel for outdoor Fitting.

27 Nos. 291 121 7857 3267 11124

9 Supply, installation, testing & commissioning of Indoor type LT panel consisting one no.100A MCCB (4 pole) as incoming 16 nos. 20A (DP) MCB as outgoing (including spare )complete wiring with copper cable suitable size with all necessary accessories to complete the work in all respect. make of item as per make of item of annexure- A

2 Nos. 20660 1874 41320 3748 45068

10 Supply, installation, testing & commissioning of 4 way 4 module DB consist of 02 nos32A MCB with all necessary accessories to complete the work in all respect.

5 Nos. 2000 181 10000 905 10905

11

Supply, installation, testing & commissioning of Consealed wiring for light, fan,, exhaust fan and 6Amps plug point with supply/laying of (phase & neutral) of PVC insulated, fire resistant and zero halogen flame retardent, 1100V grade, flexible, single core, multistranded, copper conductor of size1.5sq.mm. for points/2.5 sq.mm. for service line to switch boards as per IS:694/latest and clause 5.9 of IS:5831/latest through heavy duty PVC conduit of suitable size (16/20/25/32/40mm) as per site requirement as per IS:9537(Pt.III)/latest with supply/laying of continuous earth wire all along the wiring by PVC insulated, fire resistant 2.5sq.mm. 1100V grade, single core, solid copper conductor as per IS:694/latest and clause 5.9 of IS:5831/latest, including supply of all other requisite wiring materials as per site requirement, connection to light & fan point by twin twisted stranded copper wire of suitable size as per relevant ISS. Provision of concealed wiring shall be made by means of cutting wall/ceiling, laying PVC conduits, laying of PVC cables through conduits with supply /installation of suitable size metal

350 Pts. 0 580 0

203000

203000

junction box/ceiling roese etc. as per site requirement, dismantling of old switch boards/wiring etc. with redressing the wall/ceiling by plastering and painting/refinishing. Rate per point wiring means/include phase cable, neutral cable, earth cable, conduit, junction box, ceiling rose etc. Make of PVC copper

cable:make of item as per make of item of annexure- A

12 Supply, installation, testing & commissioning of Conceal wiring of main service/sub-service/AC line etc. with supply/laying (phase & neutral) of PVC insulated, fire resistant and zero halogen flame retardent, 6.0 sq.mm, 1100v grade, flexible, single core, multistranded, copper conductor as per IS: 694/latest and clause 5.9 of IS: 5831/latest, through heavy duty plain PVC conduit of suitable size (16/20/25/32/40 mm) as per IS : 9537(Pt.3)/latest, as per requirement of site, with PVC saddle of suitable size for fixing conduits on walls/ceilings by means of steel screw (1 ½”) and with supply/laying of continuous earth wire all along the wiring by PVC insulated, fire resistant, 2.5 sq.mm, 1100v grade, single core multi strand copper conductor as per IS: 694/latest and clause 5.9 of IS : 5831/latest, including supply of all other requisite ;wiring materials junction box/ceiling rose etc. as per site requirement connections.

795 Mts. 0 113 0 89835 89835

13 Supply, & testing of ISI marked cross linked polyethelene (XLPE) insulated PVC outer sheathed with galvanised round steel wire/steel strip cable with aluminium conductor suitable for 1100 volts grade and conforming to IS : 7098 (Pt.I)/1988 with amdt.No.1

a) 4 core x 16 sq.mm 100 Mts. 89 0 8900 0 8900 b) 4 core x 25 sq.mm 100 Mts. 119 0 11900 0 11900 14 Laying of cable in underground through

cable trench, using bricks 'A' class, sand and refilling of trench by soil as per IS and CEE/GRC's Drg.No.CEE/ G/ A-3/P-134 and in case of road crossing/concrete path, the same to be laid through GI pipe inclusive of supply of all requisite materials, cable route marker etc.).

150 Mts. 78 43 11700 6450 18150

15 Laying of cable in open air/wall/ structure with supply/fixing of suitable clamp/saddle/fixture etc.

50 Mts. 0 55 0 2750 2750

16 Supply, installation, testing & commissioning of triple pole air brake, gang operated 3 insulator type interlocked outdoor type 200 Amps./ 11 KV switching unit with operating handle and locking arrangement including supply provision connection of all allied materials to be provided in 2/4 pole structure of OH line alignment.with m/s channel for fixing of AB Switch

1 set 7149 675 7149 675 7824

17 Supply, installation, testing & commissioning of pallet type oxid film lighting arrestor suitble for 11 KV HT line (9 KV 5 KA) wity all allied materials to be provided in 2/4 pole structure of overhead line alingmen with suitable bracketing arrangement for fixing.

1 set 4469 386 4469 386 4855

18 Transportation of Rail pole at site, cutting (if required) Foundation and erection of 90 R 12 M rail pole underground 2 M and above ground 10 M excavation earth of size 1x1x2.2 M of any kind of earth said and concreting by 1:2:4 (Cement: Sand: Stone: Chips) also made above ground level by 40x40x40 cu cm cement concreting and fine cement plastering & one coat red oxide as primer and two coat aluminium painting to be done on rail pole. Necessary length or more Rail pole to be collected by the contractor from the nearest Engg. deptt of Rly authority.

5 Nos. 3940 483 19700 2415 22115

19 Provision installation testing and commissioning of 11KV Drop out fuse with cross arm/ longitadinal arms made from MS channel/angles of size 75x75x6 mm with all allied materials to provide MS flat, nuts & bolt, GI barbed wire etc. sufficient mechanical strength to 2/4 pole structure.

1 set 13720 1185 13720 1185 14905

20 Supply, erection, testing and commissioning of earth cone through medium gauge 50 mm iner dia GI pipe earth electrode and clamp (6 mm)with GI nut bolt (Make TATA/ JINDAL/or any ISI Mark) of 2.8 M long incl. RCC sump & cement concrete cover, excavation of earth resistance to any kind of soil with 6 SWG GI wire . Refilling with charcoal & salt etc. as per CEE/GRC's Drg.No. CEE/G/A3/P-134

5 Nos. 1488 737 7440 3685 11125

542797 325037 867834

G.Total Rs. 867834

D.E.E.(G)/ADRA

SPECIAL NOTE OF SCHEDULE: - All prices of items mentioned in the schedule shall include the following: - GENERAL-1 : - I) Supply of materials for execution of the work denotes supply of the item at the

working spot, including transportation, labour charges and all taxes and any other statutory duties except service tax . This also includes its handling, handing over of unused materials to the unit in-charge’s store as per the decision of the Railway administration.

II) Supply, installation, erection/provision, testing/commission/wiring denotes supply

of materials as stated under (I) above including testing, installation, erection, commissioning, wiring supplying all allied materials required to complete the job like nuts & bolts, washers of standard sizes (brass metal/copper make for places where electrical continuity involves), End terminal sockets make: ‘Dowel’s properly crimped, connecting conductors/ cables, painting, varnishing etc. as and where required as per specification.

III) All the materials to be supplied should confirm latest IS specification and in

accordance to the IE Rules. No deviation in clearances will be allowed under any circumstances. All materials to be procured shall be brand new, manufactured within six months of supply. Original cash memo shall be produced for each item during supply of materials.

IV) Entire work is to be completed as per the guide lines of Railway Engineers and

with entire satisfaction of the Railway authority, will be taken over only on completion of entire work.

V) All switchgears, wiring materials and electrical assets should be guaranteed for

successful operation for one year from the date of handing over. Any defective asset is to be replaced straightway by new one during guaranteed period.

VI) Tenderer shall arrange for inspection of all supplied materials by the authorized

agencies/railway officials as per the railway norms as mentioned in the note sheet dt 09.09.2015, certificate is to be produced. before supply,commissioning(if any).

VII) Internal wiring to be done shall not disturb the existing wiring system till it is

completed in all respect. All existing fittings shall be connected with new wiring system after testing the entire wiring system. Switch boards and other accessories are to be provided on wall/ceiling keeping clearances stipulated in IE rules and IS specifications. No deviation will be allowed.

VIII) Work is to be executed as per direct supervision of “Electrical Supervisors”

having Competency Certificate of relevant part. The workers shall have necessary competency certificate to execute internal wiring and cable laying work from appropriate authority.

IX) The worker shall have proper identity to work at the site with pleasant behavior.

GENERAL-2 : -

I) All materials to be procured shall be brand new, manufactured within six months

of supply. Original cash memo shall be produced for each item during supply of materials.

II) Entire work is to be completed as per the guide lines of Railway Engineers and

with entire satisfaction of the Railway authority, will be taken over only on completion of entire work.

III) All supplied items shall be of reputed manufactures as per latest IS specification conforming to CEE/GRC’s specification (if any).

IV) All supplied materials shall be guaranteed for one year of satisfactory working

from the date of handing over.

V) Any defective asset is to be replaced straightway by new one during guaranteed period.

VI) For items where an approved vendor list exists, the procurement shall only be from such source.

VII) work to be done shall not disturb the existing system till it is completed in all respect.

VIII) Work is to be executed as per direct supervision of “Electrical Supervisors” having

Competency Certificate of relevant part. The workers shall have necessary competency certificate to execute cable laying work from appropriate authority

IX) The worker shall have proper identity to work in railway premises.

X) It should be noted that in no way railway workings shall be disturbed. Work in

those places shall be carried out with utmost care, in presence of the railway electrical engineers.

XI) As per guidelines, prior written intimation to concerned Railway ENGG& S&T

official is to be given by contractor before taking up any digging work and utmost care should be taken during digging work to avoid any cut or damage to the underground cable of Rly. Authority. If any damage to cable occur, the necessary cost & speedy reinstallation of the under ground cable should be given by contractor without fail.

xii) Work is to be executed as per direct supervision of “Electrical Supervisors” having Competency Certificate of relevant part. The workers shall have necessary competency certificate to execute internal wiring and cable laying work. from appropriate authority

Special terms

1. The work will be govern by the General conditions of contract and Standard Specification Vol .II(2001) with up to date correction slip/ amendments/revision.

2. The work shall be carried out as per direction of DEE(G)/ADA or his authorizes

representative.

3. The contractor shall furnish a list of personnel who will be deployed before

commencement of the work to the Administration. The contractor’s staff should be clearly identifiable in the work place.

4. Necessary test report, drawing(if any) shall have to be submitted to Railway before

commissioning.

5. The contractor shall produce valid Electrical Contractor License and Supervisory License for carrying out electrical rewiring work.

6. The contractor shall arrange all machineries and tools with his own cost for

execution of the entries of the entire work. 7. Unused (if excess) materials (without damaging) shall be deposited to corresponding

Railway elect.(G) store with clear acknowledgment at contractor’s own cost and shall be properly accounted .For all dismantled &released(if any) materials are to be deposited to corresponding Railway elect.(G) store with clear acknowledgment at contractor’s own cost and shall be properly accounted.

8. Contractor shall attend to failures immediately and rectify for all defect with his own

cost for a period as mentioned as explanatory note of schedule.

9. During execution, any damage or loss of Rly property/ material, if occurs, the contractor will make good immediately with his own cost failing which the cost of loss/damage will be recovery from bill.

10. Contractor is required to supply the material as per the make specified in the items of

tender schedule. The make of the supplied material (where make is not mentioned in the items of schedule) are as per Annexure-A.

.

SPECIAL NOTE ITEM NO. 1 : Supply, installation, testing & commissioning of industrial grade energy efficient box type FL Indoor fitting complete with electronic ballast for 1x28watt fluorescent lamp duly wired for use on 240 volts single phase 50 C/s. AC supply WITH LAMP .make surya /havells /phillips/ bajaj ITEM NO. 2: Supply, installation, testing & commissioning of LED Slim Downlight CARINA Series Recess Mounted Square Type Slim LTCR SLM 16 HPLEDSQ/WW 16 Watt. Warm White Make- C&S)/ (similar type model of Philips or Havell or Bajaj.) ITEM NO. 3 Supply, installation, testing & commissioning of Wall mounted oscilating fan Sweep 450mm. Make (ORIENT Model No.48 wall fan)/(similar model of USHA or CG or Havell) ITEM NO. 4 Supply, installation, testing & commissioning of Single phase propeller type ventilating fan (Ex.fan) IS 2312/67 with latest amendment complete with mounting ring with four number fixing holes without regulator but with lewver shuters 4 pole 300 mm sweep. Model (metal type) Ventil Air -DS Make Havells/USHA/CG/khaitan.

ITEM NO. 5 supply at site , testing and installation of Plug socket 5 A 5 pin including installation and wiring charges and all necessary accessories to complete the work in all respect. ITEM NO. 6 Supply, installation, testing & commissioning of 5 in one 15A combined socket with fuse and indication lamp with separate wiring.with all necessary accessories to complete the work in all respect. ITEM NO. 7 Supply, installation, testing & commissioning of New generation energy saving & environmental friendly long life versatile pressure dia cast Aluminium IP-65 road way luminaire endura cityliner-48 watt with high power LED street light as light source & electronic driver lamp type -48 W LED 6000K-(ordering code LHETAXU7PN6WC48 optics general spread make-HAVELLS)/Similar make Philips or Bajaj or CG or GE. ITEM NO. 8 Erection Testing and Commissioning out door type fitting with25mm dia GI pipe GI pipe of medium duty (1.5 Mtr.length), MS clamp & nut bolt with all accessories, pipe should be cold bend at an angle 120 degree in 3:2 ratio.& Suitable channel for out door Fitting. ITEM NO. 9

Supply, installation, testing & commissioning of Indoor type LT panel consisting one no.100A MCCB (4 pole) as incoming 16 nos. 20A (DP) MCB as outgoing (including spare )complete wiring with copper cable suitable size with all necessary accessories to complete the work in all respect. make of item as per make of item of annexure- A ITEM NO. 10 Supply, installation, testing & commissioning of 4 way 4 module DB consist of 02 nos32A MCB with all necessary accessories to complete the work in all respect. ITEM NO.11 Supply, installation, testing & commissioning of Concealed wiring for light, fan,, exhaust fan and 6Amps plug point with supply/laying of (phase & neutral) of PVC insulated, fire resistant and zero halogen flame retardant, 1100V grade, flexible, single core, multi stranded, copper conductor of size1.5sq.mm. for points/2.5 sq.mm. for service line to switch boards as per IS:694/latest and clause 5.9 of IS:5831/latest through heavy duty PVC conduit of suitable size (16/20/25/32/40mm) as per site requirement as per IS:9537(Pt.III)/latest with supply/laying of continuous earth wire all along the wiring by PVC insulated, fire resistant 2.5sq.mm. 1100V grade, single core, solid copper conductor as per IS:694/latest and clause 5.9 of IS:5831/latest, including supply of all other requisite wiring materials as per site requirement, connection to light & fan point by twin twisted stranded copper wire of suitable size as per relevant ISS. Provision of concealed wiring shall be made by means of cutting wall/ceiling, laying PVC conduits, laying of PVC cables through conduits with supply /installation of suitable size metal junction box/ceiling rose etc. as per site requirement, dismantling of old switch boards/wiring etc. with redressing the wall/ceiling by plastering and painting/refinishing. Rate per point wiring means/include phase cable, neutral cable, earth cable, conduit, junction box, ceiling rose etc. Make of PVC copper cable :make of item as per make of item of annexure- A ITEM NO.12 Supply, installation, testing & commissioning of Conceal wiring of main service/sub-service/AC line etc. with supply/laying (phase & neutral) of PVC insulated, fire resistant and zero halogen flame retardant, 6.0 sq.mm, 1100v grade, flexible, single core, multi stranded, copper conductor as per IS: 694/latest and clause 5.9 of IS: 5831/latest, through heavy duty plain PVC conduit of suitable size (16/20/25/32/40 mm) as per IS : 9537(Pt.3)/latest, as per requirement of site, with PVC saddle of suitable size for fixing conduits on walls/ceilings by means of steel screw (1 ½”) and with supply/laying of continuous earth wire all along the wiring by PVC insulated, fire resistant, 2.5 sq.mm, 1100v grade, single core multi strand copper conductor as per IS: 694/latest and clause 5.9 of IS : 5831/latest, including supply of all other requisite ;wiring materials junction box/ceiling rose etc. as per site requirement connections. ITEM NO. 13 Supply, & testing of ISI marked cross linked polyethylene (XLPE) insulated PVC outer sheathed with galvanized round steel wire/steel strip cable with aluminum conductor suitable for 1100 volts grade and conforming to IS : 7098 (Pt.I)/1988 with amdt.No.1 withg size a)4 core x 16 sq.mm b)4 core x 25 sq.mm ITEM NO. 14 Laying of cable in underground through cable trench, using bricks 'A' class, sand and refilling of trench by soil as per IS and CEE/GRC's Drg.No.CEE/ G/ A-3/P-134 and in

case of road crossing/concrete path, the same to be laid through GI pipe inclusive of supply of all requisite materials, cable route marker etc.). ITEM NO. 15 Laying of cable in open air/wall/ structure with supply/fixing of suitable clamp/saddle/fixture etc. ITEM NO. 16 Supply, installation, testing & commissioning of triple pole air brake, gang operated 3 insulator type interlocked outdoor type 200 Amps./ 11 KV switching unit with operating handle and locking arrangement including supply provision connection of all allied materials to be provided in 2/4 pole structure of OH line alignment.with m/s channel for fixing of AB Switch ITEM NO. 17 Supply, installation, testing & commissioning of pallet type oxid film lighting arrestor suitble for 11 KV HT line (9 KV 5 KA) wity all allied materials to be provided in 2/4 pole structure of overhead line alignment with suitable bracketing arrangement for fixing.

ITEM NO. 18 Transportation of Rail pole at site, cutting (if required) Foundation and erection of 90 R 12 M rail pole underground 2 M and above ground 10 M excavation earth of size 1x1x2.2 M of any kind of earth said and concreting by 1:2:4 (Cement: Sand: Stone: Chips) also made above ground level by 40x40x40 cu cm cement concreting and fine cement plastering & one coat red oxide as primer and two coat aluminium painting to be done on rail pole. Necessary length or more Rail pole to be collected by the contractor from the nearest Engg. deptt of Rly authority. ITEM NO. 19 Provision installation testing and commissioning of 11KV Drop out fuse with cross arm/ longitadinal arms made from MS channel/angles of size 75x75x6 mm with all allied materials to provide MS flat, nuts & bolt, GI barbed wire etc. sufficient mechanical strength to 2/4 pole structure. ITEM NO. 20 Supply,erection, testing and commissioning of earth cone through medium gauge 50 mm iner dia GI pipe earth electrode and clamp (6 mm)with GI nut bolt (Make TATA/ JINDAL/or any ISI Mark) of 2.8 M long incl. RCC sump & cement concrete cover, excavation of earth resistance to any kind of soil with 6 SWG GI wire . Refilling with charcoal & salt etc. as per CEE/GRC's Drg.No. CEE/G/A3/P-134

. ANNEXURE_-A (For Name of MAKE list of the item) Sr.No. Item Make

1. XLPE Cable

Havell’s/ Mescab/POLYCAB/ any make conform to IS specification & CEE’s specification (if any)

2. MCCB,MCB L&T/ Seimen/Havell/Hager 3. Other accessories of

Panel/ /ENCLOSURE Corresponding make of the MCCB/MCB.

4. Copper wire MESCAB/ Finolex/Polycab/ Havell. 5. G.I PIPE

TATA/ ZINDAL/Any ISI Mark conform to IS specification.

6 Materials make of Material as per CEE/GRC’s letter No.CEE/S/196/301/Approval of item dt.19.8.2011. list is available with DEE(G)/ADRA office for reference

purpose. 7 Other materials(if any

which are not mentioned in the above CEE/GRC approved list)

Reputed company with ISI mark & conform to IS specification with approval from DEE(G) ADA before supply & commissioning positively without fail.

P A R T - II

INSTRUCTIONS OF TENDERERS AND TERMS AND CONDITIONS OF TENDERING (To be signed by the Tenderer and submitted along with the Tender)

1.1.1 TENDER PAPERS/DOCUMENTS

The tender papers/documents are divided into three parts. part consists of

Technical specification in detail of all equipments to be used, including the following. The part II & III consists of instructions to Tenderers and terms and conditions for tendering including conditions of pricing and payment and forms of tender.

1. Tender Notice 2. Tender Form 3. Price schedule with its Explanatory Notes 4. Specifications 5. Special conditions of Tendering

1.1.2 GENERAL INSTRUCTIONS

The intending tenderers before submission of tenders is advised at his own

interest to study the tender papers carefully without prejudice to the generality of the foregoing and the tenderer shall inspect the site and surrounding of the work specified in the tender document and shall satisfy himself by careful examinations before submission of the tender as to the nature of site, soil, and local conditions availability of labour and materials for execution of work, the means of access to site, supply of power, water, availability of accommodation etc. and shall make local and independent inquiries as to matters for the thing referred to or implied in the tender documents. Railways shall not entertain the tenderer in any form or plea of ignorance, difficulties, doubts, misconception and misapprehension thereof affecting the execution and completion of work. 1.1.3 ALTERNATIVE PROPOSALS - Deleted.

1.1.4 SUBMISSION OF TENDER.

The tender must be submitted in SEALED ENVELOPS marked the tender notice Number and the name of the work and should be deposited in the sealed Tender Box kept in the office of the Divl.Electrical Engineer(G), South Eastern Railway, Adra herein after called Divl.Elect.Engineer(G)SER/ADRA during office hours up to 13.00 hrs. on the day specified in tender notice. The tender will be opened in the presence of such tenderers as may be present shortly thereafter at 15.30 hrs on the same day and the names of tenderers and rates read out.

Tenders sealed and superscripted as above, may also be sent by Registered Post

addressed to the above mentioned officer, but no tender which is received after the time and date specified above will be considered.

Any tender delivered or sent otherwise will be at the risk of the tenderer. All documents to be submitted in connection with the tender SHALL BE WRITTEN IN ENGLISH AND IN INK.

1.1.5 RATES.

The tenderer should quote only uniform percentage (ONE PERCENTAGE) above/par/below the rates for the items incorporated in the schedule in FIGURES as well as IN WORDS and shall form the basis of payment for the work done. If there be any variance in rates quoted by the tenderer between the words and figures, the rates quoted in words will be treated as final and binding. 1.1.6 CLARIFICATION. Clarifications required by the tenderers may be obtained from the office of the Divl.Elect.Engineer(G)SER/ADRA as prescribed. 1.1.7 INCOME TAX AND SALES TAX CLEARANCE CERTIFICATE. The tenderers is required to produce along with his tender the Current and Valid Income tax and Sales tax clearance certificate in original (which will be returned when done with) 1.1.8 INCOME TAX DEDUCTION. Income tax at 2% plus surcharge as applicable of the gross amount to be paid by the contractor in pursuance to the contract which will be deducted from the bills preferred by him in accordance with section 104-A of the Income Tax Act 1961 as introduced through Finance Act of 1972 of amended from time to time. 1.1.9 LICENCE/ELECTRICAL CONTRACTORS CERTIFICATE . Along with the tenderer, the Tendered shall have to submit valid Electrical Contractors License issued by the Government in favor of the contractor to executive the work and supervise the electrical works. 1.1.10 SIGNING OF TENDERS AND POWER OF ATTORNEY . In case of a firm not registered under Partnership Act, all the partners of the attorney duly authorized by all of them should sign the tenderer and other connected documents. A copy of the document empowering the individuals to sign should also be sent with the tender. In any case, tender should disclose his constitution fully and copies of all necessary documents in support thereof should be submitted with the tender and original thereof should be produced as and when called for. 1.1.10.1 Any individual signing the tender or other documents connected there with should specify whether he is signing.

i) As sole proprietor of the concern or his attorney or ii) As a partner or partners of the firm, or iii) For the firm as per procreation, or iv) As a Director, Manager or Secretary in the case of limited Co.

1.1.11 TENDERER’S ADDRESSES.

Every tenderer shall state in the tender his postal address fully and clearly. Any communication sending to the tenderer by post at his said address shall be deemed to have reached the tenderer duly and in time, not with standing the fact that the communication did not reach the tenderer at all or in time for the reasons what so ever. Important documents shall be sent by Registered post.

1.1.12 ERASURES OR ALTERNATIONS.

No erasure or alterations in the text of the tender papers is permitted and any

such erasures and/or alterations will either be disregarded or render the whole tender void at the option of the Railway Administration. Any correction made in rates for the work shall be initialed in ink and dated. 1.1.13 COMPLIANCE WITH INSTRUCTIONS.

Tender which do not comply with the instructions detailed above, shall not be considered. 1.1.14 RESULT OF TENDER.

The acceptance of the tender will rest with the competent authority, for and on behalf of the President of India, who reserves the right to decide the tenders amongst more than one tenderer, if deemed necessary, and also to reject any or all tenderers received without assigning any reasons and does not bind himself to accept the lowest or any tender. 1.1.15 VALIDITY OF TENDER

The contractor shall keep the offer viz. The tender and/or tenders, as may be modified by negotiations open for acceptance for a period of 120 days from the date on which tender/tenders is/are opened and in default, the Earnest Money deposited by him shall be forfeited to the Railways.

1.1.16 TIME SCHEDULE AND PROGRAMME .

The time is essence of the contract. The contractor shall have to complete all work to the entire satisfaction of the Divl.Elect.Engineer (G)/ SER/ADRA. The contractor shall strictly follow the time schedule for all work under this contract as mentioned in the tender notice. If the contractor fails to execute the work within the time specified or any authorized extensions thereof, Railway Administration is entitled to recover from the contractor a sum equivalent to one half of one percent of the contract value of the work for each week or part of week taken extra by the contractor to complete the work. The amount of damages recovered shall in no case exceed 10% of the first two lakhs and the 5% of the balance amount.

If such a failure as aforesaid shall have arisen from any cause which the

purchaser may admit as being reasonable ground for extension of time, the Purchaser shall allow such additional time as he may in his absolute discretion consider to be reasonably justified by the circumstances of the case.

1.1.17 TERMINATION OF CONTRACT

Notwithstanding the provisions under other paragraph the Railway Administration may at any time by a notice in writing summarily terminate the contract

without liability to pay any compensation to the contractor in respect thereof in any of the following events.

1) INSOLVENCY: The contractor being an individual or a firm any partner in the

contractor’s firm, shall at any time be adjudged insolvent or shall have a receiving order for administration of his estate made against him or shall take any proceeding for liquidation on composition under any law relating to insolvency for time being enforce or make any conveyance or assignment of his assets or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under the partnership act.

2) LIQUIDATION: If the contractor being company shall pass a resolution or the

court shall make an order for the liquidation of its affairs or a receivers or a Manager on behalf of the debenture holders shall be appointed or circumstances shall have arisen which entitled the court or debenture holders or appoint a receiver or Manager.

3) BREACH OF CONTRACT : If the contractor commits any breach of this

contract not herein specifically provided always that such termination shall not prejudice any right or action or remedy which shall have accrued or accrue thereafter to the Railway Administration and provided also that the contractor shall be liable to the purchaser any extra expenditure which the Railway Administration is thereby put to incur loss but shall not be entitled to any gain on re-purchase, in the event of such termination without prejudice to the other right and remedies of the Railway Administration including the rights for forfeiting the security deposit. The Railway Administration shall be entitled to have the work or the undone portion thereof performed, executed and/or carried out by any other agency at the risk and cost of the contractor liable for reimbursement in the even or any loss on this account.

1.1.17.1 EXCEPTIONS.

Termination of contract will not arise in case of voluntary liquidation meant for alternation or reorganization provided the newly formed company takes over the full responsibilities and liabilities of the liquidated firm and it is acceptable to the Railway Administration.

Termination of contract under this Para will not arise in case of breaches or

defects of a minor nature. The Rly. Administration shall be the sole authority to decide whether breaches and defects are of minor nature. 1.1.18 EARNEST MONEY.

Along with his tender, the tenderer should deposit cash with the Divisional Cashier, S.E.Railway, Adra (West Bengal). The amount as specified in Tender notice or below as earnest money. The tenderer shall be required to deposit earnest money with the tender for the due performance with the stipulation to keep the offer open till such date as specified in the tender, under the conditions of tender. The earnest money shall be 2% of the estimated tender value as indicated in the Tender Notice. This earnest money shall be applicable for all modes of tendering.

THE EARNEST MONEY IN THE FORM OF BANK GUARANTEE BON DS SHALL NOT BE ACCEPTABLE .No PEMD IS ACCEPTABLE FOR THIS WORK.

1.1.18.1 The earnest money shall be paid in cash or in any o f the following forms. i) Pay orders, Deposit receipt or Bank Demand Draft drawn in favour of

FA&CAO/S.E.RLY./GRC, Kolkata (W.B) OR in cash deposited with Divl.Cashier S.R.Rly./Adra chargeable to head of Allocation-DO’X’. No interest will be paid on the above EMD. These forms of earnest money could be either of the State Bank of India or of any of the Nationalized banks. No confirmatory advice from the Reserve Banks of India will be necessary.

ii) The documents as referred to above must be attached with the tender, without which the tender will not be considered and summarily rejected.

1.1.18.2 The Government Securities Stock Securities, Bearer bonds Promissory Notes,

Cash Certificate etc. shall not be accepted as earnest money. 1.1.18.3 No interest will be allowed or paid for earnest money cited above. The amount

will be refunded to the unsuccessful tenderer as soon as possible after the tender finally decided.

1.1.18.4 It shall be understood that the Tender documents have been sold/issued to the

Tenderer and the Tenderer is permitted to tender in consideration of the stipulations on his part that after submitting his tender, he will not resile from his offer or modify his terms and conditions thereof in a manner not acceptable to the purchaser.

1.1.19 SECURITY DEPOSIT. 1.1.19.1 Unless other wise specified in the special conditions, if any, the security

deposit/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 security deposit is recovered. c) Security deposits will be recovered only from the running bills of the

contract and no other mode of collecting SD such as SD in the form of instruments like BG, FD etc. shall be accepted towards security deposit.

Security deposit shall be returned to the contractor after the expiry of the maintenance/guarantee period. The before releasing the SD, an unconditional and unequivocal no claim certificate from the contractor concerned should be obtained.

1.1.19.2 The earnest money of the successful tenderer will be retained by the Railway as a part of security for due fulfillment of the contract by the contractor.

1.1.19.3 The National plan load certificate, Government securities (Stock certificate,

Bearer bonds, Promissory notes, cash certificates) will not be accepted.

1.1.19.4 No cheque will be accepted towards Security Deposit, even if it is

guaranteed by the Bank. 1.1.19.5 Request for transfer of Security Deposit of any work even if the same is

free of all obligations will not be accepted for the purpose of security deposit of this case.

1.1.19.6 No interest will be allowed or paid; for the amount deposited towards security deposit.

1.1.19.7 As far as practicable tenders should in their own interest deposit security

deposit in Cash with Chief Cashier S.E.Railway, Adra to facilitate prompt refund of the deposited amount on fulfillment of the terms of the contract.

1.1.19.8 (a) The successful bidder should give a performance guarantee in the

form of an irrevocable bank guarantee amounting to 5% of the contract value. (b) The performance guarantee should be furnished by the successful contractor after the letter of acceptance has been issued, but before signing of the agreement and should be valid up to expiry of the maintenance period. The agreement should normally be signed within 15(fifteen) days after the issue of LOA and Performance Guarantee should also be submitted within this time limit. (c) Performance Guarantee shall be released after physical completion of the work best on completion certificate issued by competent authority stating that the contractor has completed the work in all respect satisfactorily. (d) Wherever the contracts are rescinded, the security deposit should be forfeited and the performance guarantee shall be encashed and the balance work should be got done separately. (e) The balance work shall be got done independently without risk and cost of the original contractor. (f) The original contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is a JV of a partnership firm, that every member/partner of such a firm would be debarred from participating in the tender for the balance work either in his/her individual capacity or as a partner of any other JV/Partnership firm.

1.1.20 ADDITIONS AND ALTERATIONS Railway Administration may require modifications to be carried out on the

works if considered necessary either during the execution or after apart or whole of the installations are erected coming within the purview of the contract.

1.1.20.1 If any additional quantum of the works specified in the schedule becomes

necessary during the course of execution the contractor may be called upon to carry out such additional works to the extent of 25% of the original contract quantity at the same rates, terms and conditions.

1.1.21 SAFETY MEASURES

The contractor or shall take all precautionary measures in order to ensure the protection of his own personnel moving about or working in the Railway premises, but shall then conform to the rules and regulations of the Railways. The contractor shall abide by all Railway regulations in force for the time being and ensure that the same are followed by his representatives. Agent or sub contractor or workmen,. He shall give due notice to his employees and workers about provisions to the Para. The contractor shall ensure that un-authorized careless or inadvertent operation of installed equipment, which may result in accident to staff and or damage of equipment, does not occur.

The Contractor shall indemnify and keep the Railway administration indemnified and harmless against all actions suits, claims demands, other charges or expenses arising in connection with any accidents, death or injury sustained by any person or persons within the Railway premises and any loss or damage to Railway property sustained due to the acts or omissions of the contractor, or his staff during the execution of this contract irrespective or whether such liability arising under the Workmen’s Compensation Act 1923 or Fatal Accidents Act or any other Act in force for the time being. 1.1.22 EXECUTION OF AGREEMENT

The contractor is required to execute a formal agreement in prescribe form

with the Railway Administration on the lines of the Tender Conditions and until a formal agreement is prepared and executed the acceptance of this tender shall constitute a binding contract between the Railway Administration and the Contractor in all respects.

1.1.23 RAILWAY PASSES

No free Railway passes will be issued for the contractor or for his workmen.

1.1.24 SPECIFIED RAILWAY STORES

Materials which are to be supplied by the Railways will be handed over to

the contractor by Divl.Elect.Engineer(G)SER/ADRA or his authorised representative from his stores. The loading, handling and transportation of such materials to the work site and unloading of such materials at the work sites will be at his own cost.

All other materials as may be required to execute the work and to make the

installation complete in all respects according to the specification and schedule of work shall be supplied by the contractor and costs thereof included in the schedule of prices.

1.1.25 REFUND/FORFEITURE OF EARNEST MONEY

The Earnest Money including the amount taken as security deposit for the due performance of the stipulation to keep the offer open till the date specified in the tender under clause 1.1.15 (i.e. Minimum validity of offer hereof shall be refunded to the unsuccessful tender (s) within a reasonable time after finalization of tender case. The earnest money deposited by the successful tender(s) shall be retained/adjusted towards the security deposit for the due and faithful fulfillment of the contract, but shall be forfeited by the purchaser without prejudice to any other rights or remedies available to it if the contractor fails to execute the agreement start the work within a reasonable time (to be determined by the Engineer at site) after notification of the acceptance of his/their tender.

1.1.26 COMMUNICATION TO BE IN WRITING

All notices, communications, reference and complaints made by the

purchaser or his Engineer or the Engineer’s representative or the contractor inter concerning the works shall be in writing and no notice communications references or complaint not in writing shall be recognized.

The list of address to which correspondence and documents relating to be

sent as indicated in the tender papers.

1.1.27 SERVICE OF NOTICES ON CONTRACTORS

The Contractor shall furnish to the Engineer the name, designation, and address of his authorised agent and all complaints, notices, communications, and references shall be deemed to have been duly given to the contractor if delivered to the contractor or his authorised agent or left at or posted to the address so given and shall be deemed to have been so given in the case of posting on the day on which they would have reached such address in the ordinary course of post or on the day on which they would have reached such address in the ordinary course of post or on the day on which they were so delivered or left. In the case of contract by partners, any change in the constitution of the firm shall be forth-with notified by the contractor to the Engineer. Important documents may be sent by Registered Post.

1.1.28 SUBLETTING OF CONTRACT

The contractor shall not assign or sublet contract or any part thereof or allow any person to become interested therein in any manner what so ever without the special permission of the purchaser. Any breach of these conditions shall entitle the purchaser to rescind the contract under clause 62 of General Conditions of the Contract and also render the contractor liable for payment to the purchaser in respect of any loss or damage or ensuing from such cancellation.

1.1.29 APPROVAL OF SUB CONTRACTOR OR VENDORS

The name of all sub contractors proposed to be employed on execution of work or any part thereof including manufacture of components shall be submitted by the contractor to the purchaser and got approved by him before the contractor enters into an agreement with the sub contractor or vendor for the purpose. The permitted subletting of work by the contractor shall not establish any contractual relationship between the sub contractor and the purchaser and shall not relieve the contractor of any responsibility under the contract.

1.1.30 RETURN OF RELEASED MATERIALS TO THE PURCHASER.

The released materials dismantled during the work shall be returned to Senior Section Engineer (Elect.) of that respective section where work would be executed. Contractor shall ensure that all materials i.e. conductor, insulators, G.I wire, Guy wire etc. as the case may be are properly accounted for. A report from Sr. SE's in this respect shall be obtained and submitted during final reconciliation.

1.1.31 CARRIAGE OF MATERIALS .

No forwarding orders shall be issued by the purchaser for the transportation of contractor’s tools and plant, materials to be used at the site collecting from Railway electrical store by rail or by road to the work site which may be required for use in the works and the contractor shall pay full freight charges at Public Tariff/rates there for. 1.1.32 PROVISION OF EFFICIENT AND COMPETENT SUPERVISOR.

The erection of all equipment and materials according to the specification

will be done by the contractor at his cost. For this purpose, the contractor shall place and keep on the works at all times efficient and competent representatives to give necessary directions to his workmen and to see that they execute their work in sound and proper manner and shall employ only such supervisors, workmen and labourers in or about the execution of any of the works as are careful and skilled in their various trades and callings. The said representative shall be present at site during working hours and any written orders or instructions which the Engineer may give to the said representatives of the Contractor shall be deemed to have been duly given or communicated to the contractor.

The contractor shall furnish the name and address of his agent or representatives for the purpose of this clause. The contractor or his agent or representative will accompany the Engineer/s on inspection and/or proceed to their offices when ever called upon to do so.

The contractor shall at once remove from the works any representative permitted sub contractor., supervisor workmen or labourer who shall be objected to by the Engineer and he shall submit a correct return showing the names of all staff and workmen employed by him. In the even of the Engineer being of the opinion that the Contractor is not employed on the works a sufficient number of staff and work men as is necessary for the proper completion of the works within the time prescribed, the contractor shall forthwith on receiving intimation to this effect take on the additional number of staff and labour specified by the Engineer within seven days of being so required and failure on the part of the contractor to rescind the contract as per clause 62 (I) of General Conditions of Contract and Standard Specifications (G.C.C. of 1994) Vol.2.

1.1.33 ACCIDENTS AND DAMAGES TO INSTALLATIONS ETC.

The contractor shall be responsible for all repairs and rectification and damage to installations erected or under erection due to accident or any other cause during the course of the contractors work at site inclusive of the guarantee period at no extra cost to the purchaser. All costs, damages or expenses which the purchaser may incur, for which under the terms of contract, the contractor is liable may be either deducted by the purchaser at his discretion from any money due or become due or refundable by the purchaser to the contractor under the contract, or may be recovered by action of law or otherwise from the contractor. The purchaser reserve the right and shall be entitled to retain payments due to the contractor under this contract and to set off the same against all claims whether arising out of this contract or out of any other transaction what ever with the contractor.

1.1.34 PROVISION OF PAYMENT OF WAGES ACT.

The contractor shall comply with the provisions of payment of Wages Act 1936 as amended up to date and the rules made thereunder in respect of all employees directly or through the petty contractors or sub contractors employed by him in the works. If in compliance with the terms of the contract, the contractor directly or through the petty contractor or sub contractors shall supply any labour to be used wholly or partly under the direct orders and control of the Engineer whether in connection with the work to be executed hereunder or otherwise for the purpose of the Engineer such labour shall never the less be deemed to comprise persons employed by the contractor and any moneys which may be ordered to be paid by the Engineer shall be deemed to be moneys payable by the Engineer on behalf of the contractor and Engineer may on failure of the contractor

to repay such moneys to the Railway deduct the same from any moneys due to the

contractor in terms of the contract. The purchaser shall be entitled to deduct from any moneys due to the contractor (whether under this contract or any other. All moneys paid/payable by the Railway by way of compensation of the aforesaid or for cost of expenses in connection with any claim thereto) and the decision of the Engineer upon any question arising out of the effect or force of this clause shall be final and binding upon the contractor.

1.1.35 WAGES TO LABOUR

The contractor shall be responsible to ensure compliance with the provisions of the MINIMUM Wages Act, 1948, as modified up to date (therein after referred to as the said Act) and the rules made thereunder in respect of any employee employed by him directly or through petty contractor, sub contractors for the purpose of carrying out this contract.

If, in compliance with the terms of the contract, the contractor directly or

through petty contractors or sub contractor supplied any labour to be used, wholly or partly under the direct orders and control of the purchaser whether in connection with any work being executed by the contractor or otherwise for the purpose of the purchaser such labour shall for the purpose of this clause shall be deemed to be persons employed by the contractor.

If any moneys shall as a result of any claim or application made under the said Act be directed to be paid by the purchaser such moneys shall be deemed to be money payable to the purchaser by the contractor and on failure by the contractor to repay the purchaser and moneys paid by it as aforesaid within seven days after the same shall have been demanded the purchaser shall be entitled to recover the same from any moneys due or accruing to the contractor under this or any other contract with the purchaser. 1.1.36 POWER OF MODIFICATION TO CONTRACT

The engineer on behalf of the purchaser shall be entitled by order in writing

to enlarge or extend, diminish or reduced the works or make any alternations in their design, character, position site quantities, dimensions or in the method of their execution or in the combination and use of materials for the execution or thereof or to order any

additional works to be done or any work not to be done and the contractor will not be entitled to any compensation for any increase/reduction in the quantities of work but will be paid only for the actual amount of work done and for approved materials supplied against a specific order.

1.1.36.1 Unless otherwise specified in the special conditions of the contract.,

the accepted variation in quantity for each individual item of the contract would be up to +25% of the quantity originally contracted. The contractor shall be bound to carry out the work at the agreed rates and shall not be entitled to any claim or any compensation what so ever up to the limit of +25% variation in quantity of individual item or works.

1.1.37 COMPLIANCE TO ENGINEER’S INSTRUCTIONS . (I) The Engineer shall direct the order in which the several parts of the work shall be executed and the contractor shall execute without delay all orders given by the Engineer from time to time but the contractor shall not be relieved thereby from responsibility for the due performance of the works in all respects.

(ii) ALTERATIONS TO BE AUTHORISED. No alterations in or addition to commission of abandonment of any part of the works shall be deemed authorized except under instructions from the Engineer and the contractor shall be responsible to obtain such instructions in each and every case in writing. (iii) EXTRA WORK : Should works over and above those included in the contract requires, to be executed at the site, the contractor shall have no right to be entrusted with the excecution of such works which may be carried out by another contractor or contractors or by other means at the option of the purchaser.

(iv) SEPARATE CONTRACTS IN CONNECTION WITH WORK S : The purchaser shall have the right to let other contracts in connection with the works. The contractor shall afford other contractors reasonable opportunity for the shortage of their materials and the execution of their works and shall properly connect and co-ordinate his work with their. If any part of the contractor’s work depends for proper execution or results upon the work of another contractor, the contractor shall inspect and accordingly report to the Engineer any defects in such work that render it un-suitable for such proper execution and results The contractor’s failure so to inspect and report shall constitute an acceptance of the other contractor’s work as fit ;and proper for the reception of his work except as to defects which may develop in the other contractor’s work after the execution of his work.

1.1.38 ILLEGAL GRATIFICAION .

Any bribe commission, gift or advantage given promised or offered by or on behalf of the contractor or his partner, agent or servant or any one of his or on their behalf to any officer or employee of the purchaser or to any person on his or on their behalf in relation to the obtaining of the execution of this or any other contract with the purchaser shall, in addition to any criminal liability which he may incur, subject the contractor to the rescission, of the contract and all other contracts with the purchaser and to the payment of any loss or damage resulting from such rescission and the purchaser shall be entitled to deduct the amounts so payable from any moneys due to the

contractor under the contract or any other contracts with the purchaser. The contractor shall not lend or borrow from or have or enter into any monetary dealings or transactions either directly or indirectly with any employee of the purchaser and if he shall do so the purchaser shall be entitled forthwith to rescind the contract and all other contracts with the purchaser. Any question or dispute as to the commission of any offence or compensation payable to the purchaser under this clause shall be settled by the General Manager of the Railway in such manner as he shall consider fit and sufficient and his decision shall be final and conclusive.

1.1.39 ADHERENCE TO SPECIFICATION & DRAWINGS.

The whole of the works shall be executed in perfect conformity with specification and drawings of the contract. If the contractor performs any work in a manner contrary to the specifications or drawings or any of them and without such reference to the Engineer shall bear all the costs arising of ensuing, the from and shall bear all the costs arising of ensuing there from and shall be responsible for all losses to the purchaser.

1.1.40 WORKS BY OTHER AGENCIES. Any other works undertaken at the same site by the purchaser direct or through some other agency at the same site where the contractor is carrying out his work, will not entitle the contractor to prefer any claim regarding any delays or hindrances he may have to face on this account.

The contractor shall comply with any instructions which may be given to him by the purchaser in order to permit simultaneous execution of his own ;works and of those undertaken by other contractor or the purchaser without being entitled on this account to any extra charges.

If the purchaser if unable to supply materials to the contractor as specified in

the contract in time, the contractor shall not be entitled to any extra payment on account of such delay in supply. However, such delays in supplies will be reasonable ground for extension of completion dates for the work.

1.1.41 INSPECTION AND TESTING:

All materials will be subject to inspection and test by the purchaser or his representative at the manufacturer works before dispatch and no materials shall be dispatched from the manufacturer’s works until these are inspected and approved. The materials may also be inspected by the purchaser or his representative again at the contractor’s depot/works site. The purchaser or his representative shall have the right to present during all stages of manufacture, and shall be afforded, free of change all reasonable facilities for inspection and testing so as to satisfy himself/themselves that the materials are in accordance with specification, approved drawings and designs. Any unreasonable delay in inspection will be reasonable ground for extension of time for completion of work.

Not less than 15 (Fifteen) days notice in writing shall be given by the

contractor to the purchaser in order that the Purchaser’s Engineer may be present if they(i.e. Purchaser) so desire, for carrying out the inspection and test.

1.1.42 PROVISIONAL ACCEPTANCE

Immediately after the completion of an installation, the contractor will certify and

advise the purchaser in writing that the installation is:-

i) Complete ii) Ready for Satisfactory regular service, and iii) Ready to be handed over. He will also place at the disposal of the

purchaser and required staff for inspection, testing and putting it into operation.

The test or tests specified will conducted jointly by the purchaser and

contractor as soon as possible after receipt of advise of completion of an installation by the purchaser from the contractor.

After the purchaser is satisfied with the satisfactory working of the installation,

he will issue a PROVISIONAL ACCEPTANCE CERTIFICATE, which would be signed by BOTH THE PARTIES.

Should the results of inspection and tests he not satisfactory an extension of

time for one month will be granted to make good defects and deficiencies pointed out by the purchaser. A fresh inspection and test will then be carried out after the contractor has attended to the defects and deficiencies. If these are not satisfactory, the purchaser may proceed at the contractor/s expenses buy all means deemed expedient to have the installations made as per approved drawings and designs.

In such a case of delay in completing the work under this contract within the

time limit the purchaser reserves the right if he deems it possible to use in a reasonable manner any part of the installation even if the work is not completely erected. The purchaser will give to the contractor for this purpose seven days previous notice. The contractor shall then take at his own expenses all necessary steps to complete the works in accordance with the provisions of the contract.

Incase it becomes impossible to proceed with the above mentioned taking

over tests for reasons other than for which the contractor is responsible, the provisional acceptance certificate shall be issued at or within a mutually agreed reasonable period not exceeding six months after completion of an installation.

NOTE : The Issue of Provisional Acceptance Certificate will not be withheld for rectification of minor defects as distinct from rejected equipment which may not be essential for energisation and operation of the installation in such cases, only the value of materials and cost of rectification of the minor defects shall be withheld from payments on Provisional Acceptance until rectification is completed .

1.1.43 GUARANTEE

The contractor shall Guarantee satisfactory working of the Installation erected by him, for a period of 12 MONTHS from the date of Provisional Acceptance of each full installation. (Para 1.1.42 i.e. Provisional Acceptance) by the purchaser.

During this period, the contractor shall make available all experienced Engineer and necessary equipment to attend to any defective installation and he is responsible for satisfying himself that the purchaser’s staff follow the prescribed procedure for operation and maintenance of equipment. The contractor shall bear the cost of all modifications, additions or substitutions that may be considered necessary due to faulty materials, designs or workman ship for the satisfactory working of the equipment. The final decision shall rest with the Divl.Electrical Engineer(G),S.E.Railway, Adra.

During the period of guarantee, the Contractor shall be liable for the

replacement of any parts which may be found defective in the equipment whether such equipment be of his own manufacture or these of his sub contractors, whether arising from faulty designs, materials, workman ship or negligence in any manner on the part of the contractor provided always that such defective parts as are not repairable at site are promptly returned to the contractor if so required by him at site at contractor’s own expenses.

The Contractor shall bear the cost of repairs carried out on his behalf by the

purchaser at site. In such a case, the contractor shall be informed in advance of the works proposed to be carried out by purchaser.

If it becomes necessary for the contractor to replace or renew any defective portion of the equipment under the clause aforesaid then the Provision of the said clause shall also apply to the portions of the equipments to replaced on renewed until the expiration of six months from the date of such replacement or renewal or until the end of the above mentioned period of 12 months which ever is later. Such extension shall not apply in case of defects of a minor nature the decision of the Divl. Electrical Engineer (G)/Adra, S.E.Railway is being final in the matter. If any defect be not remedied within a reasonable time during the aforesaid period, the purchaser may proceed to do the work at contractor’s risk and cost, but without prejudice to any other right and remedies which the purchaser may have against the contractor in respect of such defects or faults.

The repaired or renewed parts shall be delivered an d erected at site free of charges to the purchasers.

1.1.44 FINAL ACCEPTANCE

The Final Acceptance of the installation shall take effect from the date of

expiration of the period of guarantee as defined in clause 1.1.43 (Guarantee) provided the installation previously accepted provisionally are still in good working order.

If on the other hand the installation is not in good working order at the end of

the guarantee period, the purchaser may either extend the period of guarantee until, necessary works are carried out by the contractor, or carry out those works or have them carried out successfully on behalf of the contractor and at his expenses. A certificate of final acceptance shall then be issued under the signature of both the parties i.e. Purchaser and Contractor. 1.1.45 RIGHT OF RAILWAY TO DETERMINE CONTRACT .

1.1.45.1 The purchaser shall be entitled to determine and terminate the contract at any

time should in the purchaser’s opinion, the cessation of work become necessary owing to paucity of funds or from any other cause what so ever in which case the value of approved materials at site and of work done by the contractor will be paid for in full at the rates specified in the contract. Notice in writing form the purchaser of such determination and the reason thereof shall be conclusive evidence thereof.

Should the contract be determined under Clause 61 (1) of GCC 1994 and the

contractor claims payment for expenditure incurred by him in the expectation of competing the whole of the works, the purchaser shall admit and consider such claims as are deemed reasonable and are supported buy vouchers to the satisfaction of the engineer.

The contractor shall have no claim to any payment or compensation or

otherwise, what so ever on account of any profit or advantage which he might have derived from the determination of the work in full but which he did not derive in consequence of determination of contractor The purchaser’s decision on the necessity and propriety of such expenditure shall be final and conclusive.

Determination of contract owing to default of contractor. If the contractor should

i) become bankrupt or insolvent, OR

ii) make an arrangement with or assignment in favour of his creditors, or agree to carry out the contract under a committee of inspection of the creditors OR

iii) being a company or corporation, go into liquidation(other than a voluntary liquidation for the purpose of amalgamation or re-construction)

OR

iv) have an execution levied on his good or property on the works OR v) assign the contract or any part therefor otherwise than as provided in

clause of the General Conditions of the Contract. OR vi) abandon the contract OR vii) persistently disregard the instructions of the Engineer, or contravene any

provision of the contract, OR

viii) fail to adhere to the agreed programme of work by a margin of 10% of the

stipulated period. OR

ix) fail to remove materials from the site or to pull down and replace work after

receiving from the Engineer notice to the effect that the said materials of works have been condemned or rejected under clause 25 and 27 of the GCC 1994.

OR

x) fail to take steps to employ competent or additional staff and labour as required under Clause 26 of GCC 1994

OR

xi) fail to afford the engineer or engineer’s representative proper facilities for inspecting the works or any part thereof as required under clause 11.41 (i.e., inspection and testing) of these conditions.

OR xii) promise, offer or give any bribe, commission, gift or advantage either

himself or through his partner, agent or servant to any officer or employee of the purchaser or to any person on his or on their behalf in relation to the execution of this or any other contract with the purchaser.

OR xiii) At any time after the tender relating to the contract has been signed and

submitted by the contractor being a partnership firm admit as one of the partners or employees under it or being an incorporated company elect or nominated or allow to act as one of its director or employee under it in any capacity what ever any capacity what ever any retired engineer or the gazetted rank or any other retired gazetted officer working before his retirement whether in the executive or Administrative capacity of whether holding any pension able post or not, in the Engineering Department of the any of the Railway for the time being owned and administered by the President of India before the expiry of two years from the date of retirement from the said service of such Engineer OR officer unless such Engineer or officer has obtained permission from the President of India. Any officer duly authorised by him in his behalf to become a partner or a director or to take employment under the contractor, as the case may be .

OR xiv) Fail to give at the time of submitting the said tender.

a) The correct information as to the date of retirement of such retired engineer or retired officer from the said service or as to whether any such retired engineer or retired officer was under the employment of the contractor at the time of submitting the said tender.

OR

b) Being the partner ship firm the correct information as to whether any of its partners was such a Retired Engineer or a Retired officer

OR

c) The correct information as to such Engineer or officer obtaining permission to take employment under the contractor,

OR

d) Being an incorporated company, correct information as to whether any of its directors was such a retired Engineer or a Retired Officer,

OR

e) Being such a retired officer suppress and not disclose at the time of submitting the said tender the fact of his being such a Retired Engineer or a Retired officer of make at the time of submitting the said tender a wrong statement in relation to his obtaining permission to take the contact or if the contractor be a partnership firm or an incorporated company to be a partner or director of such firm or company as the case may be or to seek employment under the contractor, then and in any of the said cases, the Engineer on behalf of the purchaser may serve the contractor with a notice in writing to that effect and if the contractor does not within 7 days after the delivery to him of such notice proceed to make a good his default in so far as the same capable of being made good and carry on the work or comply with such directions as aforesaid to the entire satisfaction of the engineer, the purchaser shall be entitled after giving 48 hours notice in writing under the hand of the engineer to rescind the contract as a whole or in part or parts (as may be specified in such notice) and adopt either or both of the following courses.

(A) To carry out the whole or part of the work from which the contractor has been removed by the employment of the required labour and materials the costs of which shall include lead, lift, freight, supervision and all incidental charges.

B) to measure up the whole or part of the work from which the contractor has been

removed and to get it completed by another contractor, the manner and method in which such work is completed shall be in the entire discretion of the engineer whose decision shall be final in both the cases (a)&(b) mentioned above, the purchaser shall be entitled (I) to forfeit the whole or such portion of the security deposit as it may consider fit, and (ii) to recover from the contractor the cost of carrying out the work in excess of the sum which would have been payable according to the certificate of the Engineer to the contractor, if the works had been carried out by the contractor under the terms of the contract, such certificate being final and binding upon the contractor, provided, however, that such recovery shall be made only when the cost incurred in excess is more than the security deposit proposed to be forfeited ad shall be limited to the amount by which the cost incurred in excess exceeds the security deposit proposed to be forfeited and shall be limited to the amount by which the cost incurred in excess exceeds the security deposit proposed to be forfeited.. The amounts thus to be forfeited or recovered may be deducted from any money then due or which at any time there after may become due to the contractor by the purchaser under this or any other contract or otherwise.

Provided always that in any case in which any of the powers conferred upon the purchaser by sub-clause (I) of Clause 62 of GCC (1994) hereof shall becomes exercisable and the same shall not exercised, the non-exercise thereof shall not constitute a waiver of any of the conditions thereof and such bowers shall not withstanding be exercisable in the event of any default by the contractor future case of for which his liability for past and future shall remain unaffected.

2) Right of Railway after rescission of contractor owing to default of contractor

In the event of any or several of the courses referred to in sub-clause (1) of

Clause 62 of GCC (1994) being adopted. (i) The contractor shall have no claim to compensation for any loss sustained

by him by reason of his having purchased or procured any materials or entered into any commitments or made any advances on account of or with a view to the execution of the works or the performance of the contract and contractor shall not be entitled to recover or

be paid any sum for any work thereto for actually performed under the contract unless and until the engineer shall have certified the performance of such work and the value payable in respect thereof and ;the contractor shall only be entitled to be paid the value so certified.

(ii) The engineer or the Engineer’s representative shall be entitled to take possession of any materials, tools, implements, machinery and buildings on the works or on the property on which these are being or ought to have been executed and to retain the employ the same in the future execution of the works or any part thereof until the completion of the works without the contractor being entitled to any compensation for the use and employment thereof or for wear and tear or destruction thereof.

(iii) The Engineer shall as soon as may be practicable after removal of the contractor fix and determine exparte or by or by or after reference to the parties or after such investigation or inquiries as he may consider fit to make or institute and shall certify what amount (if any) had at the time of rescission of the contract been reasonably earned by or would reasonably accrue to the contractor in respect of the work then actually done by him under the contract and what was the value of any unused or partially used materials, any constructional plant and any temporary works upon the site.

(iv) The purchaser shall not be liable to pay to the contractor any moneys on account of the contract until the expiration of the period of maintenance and there after until the cost of completion and maintenance damages for delay in completion (if any) and all other expense incurred by the purchaser has been ascertained and the amount thereof certified by the Engineer. The contractor shall then be entitled to receive only such sum or sums (if any) as the Engineer, may certify would have been due to him upon due completion by him after deducting the said amount, but if such amount shall exceed the sum which would have been payable to the contractor then the contractor shall upon demand pay to the purchaser the amount of such excess and it shall be deemed a debt due by the contractor to the purchaser and shall be recoverable accordingly.

1.1.46 SUPPLY OF SPARE PARTS. The supply of spare parts, components, standby equipments shall be so

regulated that all the necessary items that have been ordered shall be delivered at site only after the erection of the main equipments but before the testing and commissioning of system. If the spare parts standby equipments are to be supplied in advance, necessary written and specific permission shall be taken from the Engineer.

1.1.47.1 MATTERS FINALLY DETERMINED BY THE RAILWAY .

All disputes and differences of any kind what so ever arising out of or in connection the contract ,whether during the progress of the work or after its completion and whether before or after the determination of the contract, shall be referred by the contractor to the Railway and the Railway shall within a reasonable time after receipt of the contractor representation make and notify decisions on all matters referred to by the contractor in writing provided that matters for which provision has been made in relevant Clauses of the General Conditions of Contract or in any clause of the Special Conditions of the Contract shall be deemed as EXCEPTED MATTERS and decision thereon shall be final and binding on the Contractor, provided further that EXCEPTED MATTERS shall stand specifically excluded from the purview of the Arbitration Clause and shall not be referred to Arbitration. 1.1.47.2. DEMAND FOR ARBITRATION .

In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any manner in question, dispute or difference on any account, or as to the with-holding by the Railway of any certificate to which the contractor may claim to be entitled to or if the Railway fails to make a decision with in a reasonable time, then and in any such case, save the EXCEPTED MATTERS referred to in clause 63 of these

conditions, GCC 94, the contractor, after 90 days but within 180 days of his presenting his final claim on disputed matters, shall demand in writing that the dispute or difference be referred to Arbitration.

1.1.47.3 The demand for arbitration shall specify the matters which are in question,

dispute or difference. Only such dispute(s) or difference(s) in respect of which the demand has been made shall be referred to Arbitration and other matters shall not be included in the reference.

1.1.47.4 If the contractor(s) does/do not prefer his/their specific and final claims in writing within a period of 90 days of receiving the intimation from the Government that the final bill is ready for payment he/they will be deemed to have waived his/their claim(s) and the Railway shall be disregard and released of all liabilities under the contract in respect of these claims.

1.1.48 ACCOMMODATION.

The contractor shall make his own arrangements for the accommodation of his staff, materials, tools, etc. Electricity for the purpose of execution of the work against this contract. May be arranged by Railways from its source , if available near the work site on payment of Railways specified charges

1.1.49 INTERPRETATIONS

The following terms whenever occurring in the Tender papers and wherever used throughout the execution of the work, shall unless excluded by or repugnant to the context have the meaning attributed thereto as follows :

CONTRACT means the contract resulting the acceptance by the Purchaser of this Tender either in whole or in part. CONTRACTOR means the successful tenderer i.e., the tenderer whose tender has been acceptance either in whole or in part. CONTRACTOR’S AGENT shall mean the person or persons authorised under a duly executed power of attorney to take all actions relating to the work as could be taken by the contractor himself. In the case of a firm of a contractor, the agent shall have the same powers as that of the Managing Director of the Firm. CONTRACTOR’s REPRESENTATIVE shall mean a person in supervisory capacity who shall be so declared by the Contractor and who shall be authorised under duly executed power of attorney to receive materials issued by the Purchaser to the Contractor for the work. He shall be responsible for proper execution of work at each or all placed and shall take order from Purchasers Engineers and carryout the same.

TENDERER means and includes any firm of Engineers or Contractors or any company or body corporate or otherwise who submit the tender which has been invited. WORK OR WORKS means all or any of the item of work for which the tenderer/contractor has tendered/contracted according to the specifications, drawings and annexures hereto annexed or to be implied ;therefrom, or incidental thereto or to be implied ;here after specified or required in such explanatory instructions and drawings being in conformity with the said original specification, drawings, annexure, and schedules and also such instructions and drawings additional to the aforementioned as may from time to time to be issued by the purchaser engineers during the progress of the contracted work. ENGINEER shall mean the Divl. Electrical Engineer(G), S.E.Railway, Adra in executive charge of the Tender works and shall include the superior officers of the division. He is responsible for ensuring that all field works covering by the contractor are carried out in

accordance with approved designs, drawings and specifications and conditions of contract as agreed to. He is also responsible for arranging payments to the contractor as per accepted schedule of prices and terms of payments.

EQUIPMENT mean all or any equipment considered necessary by the purchaser’s engineers for the satisfactory operation as a whole, of the installations, including structure foundations etc. DRM/SER/Adra mean the officer who is in charge of the Adra division and who is delegated with all powers of the General Manager so far as he Adra division is concerned. PURCHASER mean the President of India, Acting through his accredited Officers or any of them i.e. DRM/SERly/Adra, DEE(G), S.E.Railway, Adra. SITE mean the areas to be taken up by the permanent work together with any other area, or areas as shall be determined by the purchaser’s engineer, which may be placed at the disposal of the contractor for the purpose of the contract and also such area or areas used for store yards, work yards or workshop in proximity of the works as the Purchaser’s Engineers may have authorised as an extension of the site, irrespective of the terms and conditions under which they are occupied by the Contractor. PERFORMANCE GUARANTEE (PG) : The successful bidder shall have to submit a performance guarantee (PG) within 30 days from the date of issue of letter of acceptance (LOA). Extension of time for submission of PG beyond 30 days & up to 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a panel interest of 15% per annum shall be charged for the delay beyond 30 days i.e. from 31st day after the date of issue of LOA. In case the contractor failed to submit the requisite PG even after 60 days from the date of issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any payable against that contract. The failed contractor shall be debarred from participating in re-tender for that work.

PART III

1.2.0 CONDITIONS OF PRICES AND PAYMENT TERMS.

1.2.1 SCOPE. This Chapter deals with prices to be paid for Supply and Erection including Testing Commissioning of various items or work or for supplies and other amounts payable in accordance with the accepted schedules of prices and rates and terms and conditions of payment mentioned herein.

1.2.1.0 This is a Composite works contract. The total prices for the completed

items of work are the actual prices to be paid to the contractor as per the terms and conditions of the contract.

1.2.2 UNIT PRICE. 1.2.2.0 The price in percentage quoted by the Tenderer and accepted by the

Purchaser shall hold good till the completion of the work and no additional individual claims will be admissible on account of fluctuation in market rates etc.

1.2.2.0. The price in percentage quoted by the Tenderer shall include the cost of materials and erection, testing and commissioning including all incidental charges like freight transport, loading/unloading handling of materials lifting, descent insurance coverage of bankers charges, Indemnity Bond Stamp, Sales tax, Excise duty, Octroi and other taxes and duties etc.

1.2.2.3 The price in percentage quoted by the tenderer shall include the cost of

materials including all incidental charges mentioned in Para 1..2.2.2 above in case of specifically directed by Railway for supply only.

1.2.2.4 The price in percentage quoted by the tenderer shall include the cost of

erection, testing and commissioning including all incidental charges in case of the materials supplied by the purchaser as indicated in the schedule.

1.2.3 EXPLANATORY NOTES .

Explanatory Notes for various items of work included in the schedule are given in Part 1 of the tender papers. Tenderers should carefully read and include all the cost of materials for erection, testing and commissioning as clearly explained in the explanatory notes.

1.2.4 TERMS OF PAYMENT. Terms of Payment are as follows:

(a) Supply portion : On account payment for supply of the materials will be made to the extent of 80% of the total unit price of such materials as included in the schedule on receipt/acceptance of the materials in good condition at site and on production of necessary certificates which constitute Supplier’s Challan, Inspection Certificate, Warranty/Guarantee Certificate. Necessary deductions from the billed amount shall be made as mentioned below.

(b) Labour Portion : On account payment for labour portion to the extent of 100% of the total unit price of the item as included in the scheduled shall be made on satisfactory completion of the work duly certified by the authorized representative of Railway and as recorded in the measurement book with necessary deductions as mentioned below.

(c) Final payment : Final payment for the balance 20% of the work for supply portion as included in the schedule shall be paid for satisfactory completion of the work as per the schedule with necessary deductions as mentioned below. This will be certified by authorized representative of Railway.

1.2.5 PAYMENT OF STATUTORY VARIATION IN TAXES AND DUTIES . The price in percentage quoted by the tenderer and accepted by the Railway

shall be firm. In case of mutual agreement between the tenderer and the Railway any statutory variation of taxes and duties are payable shall be applicable for both upward and downward revision of levies and shall be on clear terms and conditions claim against STATUTORY VARIATION in taxes and duties if any, shall only be payable by the Railway along with the final payment subject to claim for reimbursement for additional payment to the contractor are accepted on production of the original requisite documents. However, the purchaser will not be responsible for the payment of duties and taxes made by the tenderer under misapprehension of law.

1.2.6 FINAL SETTLEMENT AND REFUND OF SECURITY DEP OSIT.

On expiry of the guarantee period and issue of the Certificate for final acceptance of the entire installation provided all the dues payable by the contractor to the Railway have been duly paid or otherwise made good by the contractor, the security deposit will be returned to the contractor on production and surrender of the relative original receipt granted by the Railway in case it was paid in cash, and where the security deposit is in the form of Bank Guarantee, the same will be returned to the contractor duly discharges. The security deposit shall, however, be liable to be forfeited in case of any breach by the contractor of any of the conditions of the contract for non-completion of the full contract without prejudice to other rights and remedies available to the Railway whether specifically provided for herein or otherwise.

1.2.7 POST PAYMENT AUDIT.

It is an agreed terms of the contract that the Railways reserves to its right to carry out a Post-payment audit and or technical examination of the works and the final bill, including all supporting vouchers, abstract, etc, and to make a claim on the contract for the refund of any excess amount paid to him, if as a result of such examination any over payment to him is discovered to have been made in respect of any work done or alleged to have been done by him under the contract.

1.2.8 MEASUREMENT.

Payment for the work shall be made in accordance with the specifications approved designs and drawings and measured in relevant units. The measurement will be made generally in accordance with the Tender schedule in conformity with the explanatory note of the tender schedule, specification and standard engineering practices.

1.2.9 MEASUREMENT OF WORK.

The contractor shall be paid for the works at the rates in the accepted schedule of rates and on the measurement taken by the Engineer or the Engineer’s representative in accordance with the rules prescribed for the purpose by the Railway.

(i) The quantities of items the unit for which it is prevalent accepted schedule

of rates shall be recorded.

(ii) Such measurement will be taken of the work in progress from time to time and at such intervals as in the opinion of the Engineer/Engineer’s representative shall be proper having regard to the progress of works. The date and time on which the measurements are to be made shall be communicated to the contractor who shall be present at the site and shall sign the results of the measurements (which shall also be signed by the Railways Engineer or the Engineer’s representative) recorded in the official measurement book as an acknowledgement or his acceptance of the accuracy of the measurements.

(iii) The measurement will be made generally in accordance with standard engineering practice and in conformity with the explanatory Notes for schedule.

REVISED MODEL FORM OF BANK GURANTEE BOND

GURANTEE BOND

1. In consideration of president of India (herein after called “ the government”) having agreed to exempt ___________ (hereinafter called” the said contractor’s” from the demand under the terms and conditions of an Agreement dated ___________ made between _______ and ____________ for _____________ (hereinafter called” the said Agreement”), of security deposit for the due fulfillment by the said Contractor(s) of the terms and conditions contained in the said Agreement, on production of a bank Guarantee for Rs._________(Rupees________________ only) we, _________ (hereinafter referred to as “the bank”) ( indicate the name of the bank) at the request of ___________ (contractor’s) do hereby undertake to pay to the Government an amount not exceeding Rs. _________ against any loss or damage caused to or suffered or would be caused to or suffered by the Government by reason of any breach by the said Contractor’s of any of the terms or conditions contained in the said Agreement.

2. We ___________________ ( indicate the name of the bank) do hereby undertake to pay the amounts due and payable under this guarantee without any demur , merely of a demand from the Government stating that the amount/claimed is due by way of loss or damage caused to or would be caused to or suffered by the Government by reason of breach by the said contractor’s of any of the terms or conditions contained in the said Agreement or by reason of the contractor’s failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs.________________.

3. We under take to pay to the Government any money so demanded

notwithstanding any dispute or disputes raised by the contractor’s/supplier’s in any suite or proceeding pending before any court or Tribunal relating thereto our liability under this present being absolute and unequivocal.

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

our liability for payment there under and the contractor’s/suppliers shall have no claim against us for making such payment.

4. We___________________ (indicate the name of bank) further agree that

the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues of the Government under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till _______ Office/Department /Ministry of certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Contractor’s and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the _______________ we shall be discharged from all liability under this guarantee thereafter.

5. We, _______________________ (indicate the name of bank) further agree

with the Government that the Government shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said contractor’s from time to time or to postpone for any time or from time to time any of the powers exercisable by the Government against the said Contractor’s and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor’s or for any forbearance, act or omission on the part of the Government or any indulgence by the Government to the said Contractor’s or any such matter or thing whatsoever which under the law relating to sureties would but for this provision, have effect of so relieving us.

6. This Guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor’s/Supplier’s.

7. We, __________________________ (indicate the name of bank) lastly

undertake not to revoke this guarantee during its currency except with the previous consent of the Government in writing.

Dated the __________ day of _______20 For ________________________________ (indicate the name of bank)

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