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    START OF THE DOCUMENT

    NORTHERN RAILWAY

    Tender No. 150-Elect/CR/302

    Name of Work:- Annual Maintenance contract of 4 Nos. D.G. Sets installed inDelhi main, HazaratNizamuddin, Delhi subjeemandi, and Rohni for three year

    ISSUED BY

    DY.CHIEF ELECT.ENGR/CRNorthern Railway, IRCA Building,

    NEW DELHI.

    ISSUED TO

    M/s.

    .

    .

    COPY NO.:

    Money Receipt no.:-

    Date:-

    Signature of O.S.

    PRICE Rs. 1000/-

    By post PRICE Rs. 1500/-

    C-1

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    NORTHERN RAILWAY

    Tender No. 150-Elect/CR/286-R

    Name of Work:- Annual Maintenance contract of 4 Nos. D.G. Sets installed inDelhi main, HazaratNizamuddin, Delhi subjeemandi, and Rohni for three year

    Approximate cost : Rs. 1, 52,640/=

    ( )Earnest Money : Rs. 3,500/=

    ( )Completion Period : 36 Months

    ( )Date of receipt of tender : 16.06.2008 up to 14.30 hrs.( )Date of Opening : On 16.06.2008 soon after 14.30 hrs.

    ( )

    Whether the partnership deed and Power of Attorney furnished with the tender or not?The working contractor should submit a list of works with their respective value ofAGREEMENTS ALONGWITH THE TENDER.IMPORTANT NOTE:-1-The above information may please be furnished invariably otherwise; the tender islikely to be rejected.

    2-Tenderer are requested to sign all the pages of this Tender document duly stampedand filled the Schedule of rate and submit the same in original in sealed cover.

    3- - ( / / / ) Offers without Earnest Money will be summarily rejected. If documents are down loadedfrom internet, cost of document shall also be attached with documents ( in the shape ofpay order/Draft in favour of FA&CAO/ X/N.Rly. B.House, New Delhi at the time ofsubmission of document.

    4-

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    In case the intended date for opening of tenders is declared a holiday, the tenders will beopened on the next working day at the same time.

    SIGNATURE OF THEISSUSING OFFICER

    SIGNATURE OF THE TENDERER.

    C-2

    C O N T E N T S

    PAGE NOS.

    1. Top Sheet C-1

    2. Tender Form (First Sheet) C-4

    3. Meaning of Terms C-5

    4. Part I Conditions of Tender & Instructions to Tenderer C-6 to C-14

    5. Annexure I Specific condition of work, Drawings, Night work C-15 to C-16

    5. Part II Special Condition of the Contract (General) C-17 to C-18

    6. Part III prices and payment C-19

    7. Part III-a Special condition of contract C-20

    8. Annexure I-a. Offer letter C-21

    9. Annexure II Agreement of works C-22

    10. Annexure III Proforma for Bank Guarantee for Security Deposit. C-23 to C-24

    10. Annexure IV Proforma for Indemnity Bond. C-25

    11. Annexure V Supplementary Agreement C-19 to C-

    12. Annexure V ,VI & VII Documents required to be furnishedalong with the tender. C-26 to C-27

    13. Schedule A Rates & Quantities C-27

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    14. Technical Specifications T-1 to T-9

    C-3

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    NORTHERN RAILWAY

    The President of IndiaActing through:Dy.Chief Elect. Engr. /CRN.Rly, IRCA Building,New Delhi.

    1. I/Wehaveread the various conditions to tender documents attached hereto and herebyagree to abide by the said conditions. I/we also agree to keep this offer open foracceptance for a period of (90) ninety days from the date fixed for opening ofthe same in default thereof. I/we will be liable for forfeiture of a SecurityDeposit. I/We offer to do the work forat the rates quoted in the attached schedule and hereby bind myself/ourselvesforfrom the date as mentioned in advance letter ofacceptance. I/We also have agreed to abide by the general and specialconditions of contract and for the materials and work laid down by the Railway forthe present.2. A sum of Rs. ( )is hereby forwarded as Earnest Money in addition to the sum of Rs. ..........( ) as security deposit mentioned above. The fullvalue of the earnest money shall stand forfeited without prejudice to any otherrights or remedies if:-a) I/We do not execute the contract documents within seven days on receipt

    of notice issue by the Railway at such documents are ready.OR

    b) I/We do not commence the work within ten days of receipt of orders to thateffect.

    The sum of earnest money in the form of cash lodged with the Chief Cashier,N.Rly., Delhi vide Cash Receipt No. dated ..Pledged in favour of FA&CAO/N.Rly. K.Gate, Delhi deposited in the form of payorder./Deposit Receipt Demand Drafts Noamounting to Rs...........Date is attached.

    Until a formal agreement is prepared and executed, acceptance of this tender

    shall constitute a binding contract between us subject to modification as may bemutually agreed to between us as indicated in the letter of acceptance for thiswork.

    SIGNATURE OF WITNESS SIGNATURE OFCONTRACTOR/SADDRESS DATED: -

    CONTRACTORS ADDRESS

    C-4

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    INSTRUCTIONS TO TENDERERSThe intending tenderer is advised to study the tender papers carefully. The tenderershall also acquaint him with the actual conditions, means of access to the site, natureof work and all other matters pertaining thereto. The submission of a tender shall bedeemed to have been done after careful study and examination of the Tender paperswith a full understanding of the implications thereof.

    MEANING OF TERMS

    1. TENDER PAPERSThe instructions to Tenderer, Conditions of Tendering, General Conditions ofContract, Prices & Payment, Special Conditions of contract, forms, TechnicalSpecifications. Hereafter these papers are, collectively referred to as the TenderPapers.

    2. INTERPRETATIONSThe following terms shall have the meanings assigned hereunder except where thecontext otherwise required.

    a) RAILWAY shall mean the President of Republic of India or the GeneralManager, Northern Railway or the office authorized to invite tenders and enterinto contracts for works on his behalf.

    b) General Manager shall mean the officer in Administration charge of the whole ofthe project and shall mean and include the officer Incharge of the Railway.

    c) Engineer shall mean the Dy.Chief Electrical Engineer, in executive charge of theworks and shall include Chief Electrical Engineer, N.Rly, Baroda House, NewDelhi.

    d) Engineers representative shall mean the Astt. Elect. Engineer in direct chargeof the works and shall include any Inspector of the Electrical Engg. Departmentappointed by Dy. Chief Elect. Engr./CR of the Northern Railway.

    e) Tenderer shall mean the person, the firm or Company who tenders for theworks with a view to executing the works on contract with the Railway and shallinclude their personnel representatives, successors, and permitted assignee.

    f) Contractor shall mean and include the Agreement of Work order, the acceptedschedule of rates for items of works quantified or not quantified, the generalconditions of contract, and the special conditions of contract, the drawing, thespecifications and tender forms if any.

    g) Site shall mean the lands and other places on under in or through which theworks are to be carried out and any other lands or places provided by theRailway for the purposes of the contract.

    h) Works shall mean the works contemplated in the drawings and schedules in thetender forms and description of contract and required to be executed accordingto specifications.

    i) Drawings shall mean the drawings, plans and tracings or prints thereof annexed tothe tender forms.

    j) Singular and plural word importing the singular number shall also include the pluraland vice versa, where the context requires.

    k) All prices shall also be expressed in words also, in case inconsistency between twoprice written in words shall be accepted.

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    Note-In case of any dispute of the interpretation on any Clause in the terms andconditions of the contract, decision of Railway will be final and binding upon the

    contractor.

    C-5 Signature of tenderer

    Part-ICONDITIONS OF TENDER& INSTRUCTIONS FOR FILLING TENDER DOCUMENT

    1. Details of works:-2. TENDER DOCUMENTS2.1 The tender documents consist of (a) Tender Form (First Sheet) (b) Special

    Tender Conditions and Instructions to Tenders (c) Special Conditions relating tosite date and specifications. These must be submitted together as one set,failing which the tender is liable to be rejected.

    2.1.2 Tender documents can be had from the office of the Dy. Chief elect. Eng./CR,Northern Railway, IRCA building, New Delhi on any working day from 10.00 hrs.to 16.00 hrs. from 14.05.2008 to 13.06.2008on payment of Rs. 1000/- (Rs. Onethousand only) in cash per set. The cost of this tender form is not refundableand the tender form is not transferable.

    2.1.3 These tender documents must be submitted duly completed in all respects, in a

    sealed cover super scribed as Tender Form As on Top sheet and should bedeposited by hand with the Dy.Chief Elect. Engr. /CR/N.Rly, IRCA Building, New

    Delhi up to 14.30 hrs. on 16.06.2008. The tender opening will be on the sameday at 14.30 hrs. & Rates read out in the presence of such Tenderer as arepresent. Tender documents received after the time and date specified above maynot be considered. In case the intended date for opening of tenders is declareda holiday, the tenders will be opened on the next working day at the same time.

    2.2 COMPLETION OF TENDER DOCUMENTS:2.2.1 The rates should be quoted in figures as well as in words. If there is variation

    between the rates quoted in figures and in words, the rate quoted in words shallbe taken as correct. If more than one improper rate is tendered for the sameitem, the tender is liable to be rejected.

    2.2.2 Each page of the tender papers is to be signed with date & stamped by thetenders/s or such person on his/their behalf who is/are legally authorized to signfor him/them.

    2.2.3 Tenders containing erasures and alterations of the tender documents are liable tobe rejected. Any corrections made by the Tenders/s in his/their entries shouldbe in same ink and must be attested by his/them under full signature and dated.

    2.2.4 Additional conditions or stipulations if any must be made by the tenderer/s in a coveringletter with the tender.The Railway reserves the right not to consider conditional tendersand reject the same without assigning any reason. Only those additional conditions,which are explicitly accepted by the Railway, shall form part of the contract.

    2.3 CREDENTIALS OF TENDERER/SThe tenderer/s should enclose documents and certificates to show that he/they

    has/have satisfactorily carried out works of the type involved in the work beingtendered for. He/they should also produce proof for the satisfaction of theRailway of his/their technical ability and financial stability to undertake the work ofthe magnitude tendered for. He should have handled the one similar workequivalent to 35% cost of the tender value in this tender in one year. Tenderershould have also completed total work equivalent to 150% value of this tender inlast 3 years. Note: above clause is applicable for the works above 10 Lac.

    2.3.1 The Tenderer shall submit with his/their tenders list of serviceable machinery,tools and plants, equipment and vehicles. Tender should have workshop for

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    repair and contract no. at works as well as at residence. He/they have/has inhand for executing the work and these he/they intends/intend to purchase.

    C-6 SIGANATURE OF TENDERER2.4 CONSTITUTION OF FIRM

    2.4.1 The tenderer/s who are constituents of a firm company association or Societymust forward attested copies of the constitution of their concern, partnershipdeed and power of attorney with their tender. Tender documents in such casesare to be signed by such person/s as may be legally competent to sign them onbehalf of the firm, company Association of Society as the case may becooperative societies, must likewise submit an attested copy of their certificate ofregistration along with the documents as afore mentioned.The Railway will not be bound by any power of attorney granted by the tenderer/sor by changes in the composition of the firm made subsequent to the executionof the contract. The Railway may however, recognize such power of attorneyand changes after obtaining proper legal advice. Cost of such will bechargeable to the contractor.

    2.4.2 (a) If the tenderer expires after the submission of his tender or after theacceptance of his tender, the railway shall deem such tender contract ascancelled. If a partner of a firm expires after the submission of their tender, theRailway shall deem such tender as cancelled unless the firm retains its character.(b) If the contractor/s firm is dissolved on account of death, retirement of anypartner of for any reason what-so-ever before fully completing the whole work orany part of it. Undertaken by the principal agreement the surviving partnersshall remain jointly severally and personally liable to complete the whole work tothe satisfaction of the Railway, due to such dissolution.Note:-Dy. Chief Elect shall decide the amount of such Compensation.Engineer/CR, N.Rly. IRCA Building, New Delhi of the Railway and his decision inthe matter shall be final and binding on the contractor.

    (c) The cancellation of any document such as power of attorney partnershipdeed etc. shall forthwith be communicated to the Railway in writing, failingwhich the Railway shall have no responsibility or liability for any actiontaken on the strength of the said documents.

    (d) Tender shall intimate the change of address of workshop/Residence,telephone number to this office immediately.

    2.5 INCOME TAX CLEARANCE CERTIFICATE2.5.1 The tenderer/s shall produce along with his /their tender the copy of latest

    income tax return in original or attested copy thereof or a current sworn affidavit.2.5.2 Under Section, 194-C of the Income Tax Act 1961, deduction of 2% Income Tax

    and surcharge on I/Tax will be made for sums paid for carrying out the work

    under this contract.2.6 The value of contract and the quantities given in the attached schedule of rates

    and quantities are approximate and are given only as a guide. These aresubject to variations additions and or emission in the quantum of work to beactually carried out shall not form the basis of any dispute regarding the rates tobe paid and shall not give rise to any claim for compensation because of anyincrease or decrease either in the quantity or in the contract value.

    C-7 SIGNATURE OF THE CONTRACTOR/S

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    3. EARNEST MONEY3.1 The Tenderer shall submit the Earnest Money Rs.3,500/= (Rs. Three thousand

    Five Hundred) in the manner prescribed in Para3.1 (a) to 3.1(b) failing which the

    tender shall be summarily rejected.a) A sum of Rs. 700/- (Rs. Seven Hundred only) towards security deposit for due

    performance of the stipulation and to keep the offer open for the period asspecified in clause 3.1.2. below: -

    b) A sum of Rs. 2,800/- (Rs. Two Thousand Eight Hundred only) as earnest money. Thistogether with sum indicated in above will constitute the total EMD.

    3.1.1 Labour Cooperatives are required to deposit only 50% of the earnest money asreferred to in Clause 3.1(a) and above.

    3.1.2 The tender/s shall keep the offer open for a period of 90 days from the date ofopening of the tender in which period tenderer cannot withdraw his/their offersubject to period being extended further if required, by mutual agreement fromtime to time.

    It is understood that the tender documents have been sold/issued to thetenderer/s and the tenderer/s is/are being permitted to tender in consideration ofstipulation on their part that after submitting his/their tender, he/they will notresale from his/their offer or modify the terms and conditions thereof in a mannernot acceptable to N.Rly should the tenderer/s fail to observe or comply with theforegoing stipulation the amount deposited as security for the due performance ofthe stipulation and to keep the offer open for the specified period, shall beforfeited to the Railway. If tender is accepted, the amount of total earnest moneywill be held as initial security deposit for the due and faithful fulfillment of thecontract. The earnest money of unsuccessful tenderer/s will, save as hereinbefore provided be returned to the unsuccessful tenderer/s within a reasonabletime, but the Railway shall not be responsible for any loss or depreciation that

    may happen to the security for the due performance of the stipulation to keep theoffer open for the period stipulated in the tender documents or to the earnestmoney while in Railway possession nor will be liable to pay interest thereon.

    3.2 The earnest money of the requisite amount referred to in Para 3.1 above isrequired to be deposited either in cash with the Chief Cashier, N.Rly., New Delhion any working day before 10.00 hrs. on 30.05.2008 or in any of the followingforms pledged in favour of FA&CAO/C/N.Rly, K.Gate, Delhi.

    a) Deposit Receipt, pay order, Demand Drafts of the State Bank of India or any ofthe Nationalized Banks or any of the Scheduled Commercial banks.

    b) The official cash receipt or the bond (should be on the prescribed Performa) etc.as the case may be must be attached with the tender.

    c) Earnest money in the form of B/G will not be accepted.

    NOTE:-(i) Any request for recovery from outstanding bills for earnest money against

    present tender will not under any circumstances to entertain. Tenders submittedwith earnest money in personnel cheques, Government Securities or in any formother than those specified above shall not be considered.

    3.3 The previous deposits of earnest money may be considered foradjustment against the present tender if so desired by the tendered onlywhen the earlier tender has been finalized, the earnest money deposited has

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    actually become available without any attachment, and there is no change in theconstitution of the parties seeking adjustment.

    C-8 Signature of tenderer3.4 The previous deposits of earnest money may be considered for adjustment against the

    present tender if so desired by the tendered only when the earlier tender has beenfinalized, the earnest money deposited has actually become available without any

    attachment, and there is no change in the constitution of the parties seeking adjustment.4. ACCEPTANCE OF TENDER4.1 If the tenderer/s deliberately give/s wrong information in his/their tender and

    thereby creates/s circumstances for the acceptance of his/their tender, theRailway reserves the right to reject such tender/s at any stage.

    4.2 The authority for acceptance of the tender/s rest with Dy.CEE/CR, IRCA Buildingwho does not undertake to assign reasons for declining to consider any particulartender or tenders. He also reserves the right to accept the tender in completely orin part or to divide the tender amongst more than one tenderer, if deemednecessary.

    4.3 The successful tenderer/s shall be required to execute an agreement with thePresident of India acting through the Dy.Chief Elect. Engr./ CR, N.Rly, IRCA

    Building, New Delhi for carrying out the work as per agreed conditions. The costof stamp for the agreement will be born by the Northern Railway.4.3.1 The contractors operations and proceedings in connection with the works shall at

    all times be conducted during the continuance of contract in accordance with thelaws, ordinance, rules and regulations for the time being enforce and thecontractor shall further observed and comply with the bye laws and regulations ofthe Government of India and State Government and of Municipal and otherauthorities have jurisdiction ever in connection with the works or at site overoperation such as these are carried out by the contractor/s and shall give allnotices required by such bye laws and regulations. The Hospital and medicalRegulations enforce for the time being shall also be with by thecontractor/contractors and his worker.

    4.3.2 The contractor shall be responsible for the observance of the rule and regulationsunder the mines act and mineral rules and regulations of State Governmentconcerned as amended from time to time.

    4.3.3 The contractor shall at all times keep the Railway Administration indemnifiedagainst all penalties that may be imposed by the Government of India or stateGovernment for infringement of any of the clauses of the mines not and rulesmade there under irrespective of quarries from this the ballast for these works isprocured.

    4.4 The tenders shall not increase his/ their rates in case the Railway Administrationnegotiates for reduction of rates. Such negotiations shall not amount tocancellations or withdrawal of the original offer and rates originally quoted will bebinding on the tenderer/s.

    4.5 The tenderer/s shall submit an analysis of rates if called upon to do so.4.6 As per latest amendment in certain clauses in the existing General Condition ofcontract and provisions in the extent policy circulars relating to works contracts videNo.2007/CE-1/CT/18, Dated 28.09.2007 issued, in case there is increase ordecrease in quantity in one or more SOR items. The variation of the value of thecontract (for the purpose of assessing the increase in the quantity and the increasein the value of contract) whichever is applicable shall be taken into account as perlatest amendment mentioned above. However it may please be noted that contractorshall only increase the quantity only after the written permission of competent

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    authority (i.e. Dy.CEE/CR). Claim of extra work referring verbal instructions in thisregard shall not be entertained.

    C-9 SIGNATURE OF THE CONTRACTOR/S4.7 Non-compliance with any of the conditions set forth herein is liable to result in the

    tender being rejected. The contractor shall be deemed to have carefully examinedthe regulations for tender, the conditions of contract, specifications and drawings. If

    tenderer have any doubt as to the specifications, he shall submit the same in writingbefore signing the agreement set forth thereof to the Dy. CEE./CR, IRCA Build., N.Delhi. The decision of the Dy.CEE/CR, in this respect shall be finals and binding onthe contractor.

    4.8 The contractor shall also inspect the site of work and acquaint himself with all localconditions, means of access to the work, nature of work and material pertainingthereto.

    4.9 The tenderer whose tender is accepted shall be required to appear at the office ofthe Dy.Chief Elect.Engr./CR, IRCA Building, New Delhi in person or if a firm orCorporation, a duly authorized representative shall so appear and execute thecontract documents. Failure to do so shall constitute breaches of the agreementeffected by acceptance of the tender in which case the Railway shall forfeit the

    earnest money accompanying the tender as liquidated damages for such default.4.10No RMC priority certificate shall be issued for carriage of tools, plants and

    other materials belonging to the contractor.4.11The Tender shall be sent under a covering letter in the form given in Annex. I .4.12The tenderer shall treat the contents of the tender documents as private and confidential.

    4.13Every tender shall state in the tender his postal address fully and clearly. Anycommunication sent to the tenderer by post at his said address shall be deemed tohave reached the tenderer timely.

    4.14Should the Railway decide to negotiate with a view to bring down the rates, thetenderer called for negotiations should furnish the following form of declarationbefore commencement of negotiations: -

    I do declare that in the event of failure of the contemplated

    negotiations relating to my Tender no. opened on my originaltender shall remain open for acceptance on its original terms and conditions.

    4.15 Should a tenderer be retired engineer of the gazette rank or any other gazetteofficer working before his retirement, whether in the executive/or administrativecapacity, or whether holding a responsible post or not in the ElectricalEngineering Department of any of the Railways owned and administered by thePresident of India, for the time being or should tenderer being partnership firmhave as one of its partners a retired Engineer or a retired gazetted officer asaforesaid, or should a Tenderer being an incorporated company have any suchretired Engineer or retired gazetted officer as aforesaid the full information as tothe date of retirement of such engineer or gazatted Officer from the said serviceand in case where such Engineer or officer had not retired from Government

    Service at least two years or to the date of the submission of the tender as towhether permission for taking such contract, or if the contractor be a partnershipfirm or an incorporated company, to become a partner/Director, has beenobtained by the tenderer of the Engineer or the officer as the case may be fromthe President of India or any officer as the case may be from the President ofIndia or any officer duly authorized by him in this behalf shall be clearly stated inwriting at the time of submitting the tender. Tenders without the informationabove referred to or a statement to the effect that no such retired Engineer or

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    retired gazetted officer is so associated with the tender, as the case may be shallbe rejected.

    C-10 SIGNATURE OF THE CONTRACTOR/S4.16 Should a tenderer or Contractor being an individual on the list of approved

    contractors, have a relatives employed in gazetted capacity in any Department ofthe Northern Railway, or in the case of partnership firm or company incorporated

    under the Indian Company Law should a partner or a relative of the partner or anshare holder or a relative of a share holder be employed in gazetted capacity inany department of the Northern Railway the authority inviting tenders shall beinformed the fact at the time of Submission of tenders, failing which the tendermay be rejected or if such subsequently becomes known the contractor may berescheduled in accordance with the provisions of the general Conditions ofContract.

    4.17.1 FORM OF CONTRACT DOCUMENTSEvery contract shall be complete in respect of the documents it shall constitutenot less than 5 copies of the contract documents shall be signed by theCompetent Authority and one copy given to the contractor.

    4.17.2 FORM OF QUOTATIONS

    a) The tender shall be submitted in prescribed from annexed hereto Annexure-I.b) The tenderer shall submit the tender. The tender shall be complete in all

    respects and shall include the following.i) FORWARDING LETTER ANNESURE- Iii) Prices Schedule A or Rates & Quantity.iii) Documents to be furnished by the Tenderer. Annexure-Biv) Tenderers credentials Para 2.3 part-Iv) Earnest Money Para 3.0 part-Ivi) Income Tax Clearance Certificate Para 2.5 part-Ivii) Deviations if any Para 6 part-IIviii) Technical information & Drawing etc. AsperTechnical Spec.

    NOTE1. The tender shall be signed on each page.2. Tenders not accompanied with any of the above are liable to be rejected.

    5. SECURITY DEPOSITE ON ACCEPTANCE OF TENDER5.1 The total security deposit on acceptance of tender shall be required at the rates

    shown below as per prevailing rule notified by Railway Board vide No.2007/CE-1/CT/18, Dated 28.09.2007 / Northern railway

    (a) Security deposit for each work should be 5% of the contract value.(b) The rates of recovery should be at the rate of 10% of the bill amount till

    the full security deposit is recovered.(c) Security deposit will be recovered only from the running bill of the

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

    5.1.1.1 The total security deposit recoverable from contractor including the amount ofearnest money deposited with the tender is given in Para 3.1 above will notexceed the security amount recoverable at the rates mentioned above.Contractor shall deposit the amount in any of the forms mentioned in clause5.1(a), before execution of agreement required for fulfillment of the contract. The

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    security deposited unless forfeited completely or in part, receipt of certificate fromthe Engineer concerned. Security deposit shall be returned to the contractor after

    C-11 SIGNATURE OF THE CONTRACTOR/S5.1.1.2 The physical completion of the work as certified by the competent authority. The

    competent authority shall normally be the authority that is competent to sign the

    contract. If this competent authority is of the lower than a JA grade officer(concerned with the work) should issue the certificate. The certificate inter alias,should mention that the work has been completed in all respect and that all thecontractual obligations have been fulfilled by the contractors and that there is nodue from the contractor to railways against the contract concerned. Beforerealising the SD, an unconditional and unequivocal no claim certificate from thecontractor concerned should be obtained. Work completed means completion ofGuarantee period of 12 months (or specified in part-II of special condition)

    5.1.2 The Successful bidder should give a performance Guarantee in the form of anirrevocable bank guarantee amounting to 5% of the contract value.

    5.1.3 The performance Guarantee should be furnished by the successful contractorafter the letter of acceptance has been issued, but before signing of the

    agreement and should be valid up to expiry of the maintenance. Agreementshould normally be signed within 15 (fifteen) days after the issue of LOA andperformance Guarantee should be submitted within this time limit.

    5.1.4 Performance Guaranty shall be released after satisfactorily completion of thework and maintenances period is over. The procedure for releasing theperformance Guarantee shall be same as for Security deposit.

    5.2 No interest will be payable upon the earnest money and security deposit oramount payable to the contractor under the contract, but interest accrued isallowed on Government security deposited in terms of prevailing rule.

    NOTES(a) Government securities (stock Certificates, Bearer Bonds, Promissory Notes,

    Cash Certificates etc. will not be accepted.

    6. CONDITIONS OF CONTRACT AND SPECIFICATIONS6.1 Except where specifically stated otherwise in the tender documents, the work is

    to be carried out in accordance with (i) Northern Railway General Conditions ofContract, Regulations and Instructions for Tenderer & Standard Forms ofContract 1971, and copies of this publications can be obtained form the office ofthe Chief Engineer, N.Rly. Baroda House, New Delhi or ChiefEngineer/Const/N.Rly./K.Gate, Delhi on payment as under;General Conditions of Contract & Regulations & Instruction to Tenders standardform of contract issued with latest amendments vide railway Board letterNo.2003/CE-1/CT/4/Pt-1, dated 12/16-05-2006.

    6.2 The tender documents referred to in clause 2.1.1 above will govern the worksdone under this contract in addition to documents referred to in clause 6.1 above,

    where there is any conflict between Tender Conditions Special data andSpecifications and the stipulations contained in the Schedule of Rates andquantities on the one hand and the Northern Railway Standard Specifications forMaterial and with 1981 the General conditions of Contract etc. 1971, with latestamendment and the Standard Schedule of rates 2006.

    7. STUDY OF DRAWINGS AND LOCAL CONDITIONS7.1 The related drawings of building can be seen in the office of the Dy.Chief Elect.

    Engr/CR, N.Rly, IRCA Building, New Delhi. It should be noted by tenderer/s that

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    these drawings are meant for general guidance only and the Railway maysuitably modify them during the execution of the work according to theCircumstances, without making the Railway liable for any claims on account ofsuch changes.

    C-12 SIGNATURE OF THE CONTRACTOR/S7.2 The Tenderer are advised to visit the site of work and investigate actual

    conditions regarding nature and conditions of soil, difficulties involved due toinadequacy of stacking of space for built up area around the site, availability ofmaterials, water, labour, probable sites for labour camps, stores godowns etc.They should also satisfy themselves as to the source of supply, sufficiency, andadequacy for their respective purpose of different materials referred to in thespecifications as indicated in the drawings. The extent of load and list involved inthe execution of works and any other difficulties involved in the execution of work shouldbe examined before formulating the rates for complete items of work described.

    7.2.1 Civil work is an integral part of this contract. The Contractor who fail to do all thework will not be considered.

    8.0 PERIOD OF COMPLETION8.1 The entire work is required to be completed in all respect within 36 months

    (Thirty Six months) from the date of issue of the acceptance letter/telegram,failing which action may be taken by the Railway Administration in terms ofclause 17 and 62 of the General conditions of Contract latest edition.

    8.2 The contractor shall arrange to execute the different item of works in closeconsultation with and as per direction of the Engineers of that other works beingexecuted in the same area either departmental or through another agency suchas steel erection, P.way, earth work information etc. are also progressedconcurrently. It may be noted, however, that any delay in the execution ofdepartmental works, for whatsoever reason, shall not be accepted as an excusefor non-performance of the contract.

    9.0 ESCALLATION ON ACCOUNT TAXES & DUTIES9.1 The rates given in the attached schedule of rates and quantities tendered by the

    contractor and as accepted by the Railway will form the basis of payment forsuch items under this contract.

    9.2 No cost escalation will be allowed due to any increase of labour material exceptdue to statutory variation because of increase/decrease in the excise duty only.The tenderer should indicate separately the quantum of excise duty included inthe tender and the value assessed for the item to be confirm by the tenderer.Any variation in the excise duty within the stipulated completion period only overand above the rate of excise duty included in the offer will be reimbursed. Ifstatutory variation in the excise duty results lower rate within that indicated in thetender, the tenderer shall refund this difference in the amount. If Tenderer failedto mansion excise duty separately, No claim can be entertained for increase inexcise duty. The above clause is applicable only in accordance with the specific

    tender conditions.The rates for any item of work not included in the Schedule of rates andQuantities and which the contractor may be called upon to do, shall be fixed by asupplementary written agreement between the contractor and the executed. Inthe event of such agreement, not being entered into the Railway may executethese works by making local arrangements and the contractor shall have not

    9.3 Account of damages on this aspect.9.3.1 The contractor shall work in close co-operation with the other contractor/s

    departmental staff working in the adjacent section/s.

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    9.4 It should specifically noted by the Tenderer that no separate loading, unloadingand loading charges for materials (which are supplied free by the Railway) shallbe paid for by the railway and the rates quoted by the tenderer/s shall beinclusive of all these charges.

    C-13 SIGNATURE OF THE CONTRACTOR/SThe item Nos. description, units and rates given to Schedule of Rates &

    Quantities are as per Northern Railway Standard Schedule of Rates 1981 andany discrepancy during the execution of work in the working rates quantity andunits etc should be rectified by reference to the printed schedule of rates whichshall be treated as authority and binding on the contractor.

    9.5 Should there arise any item, which may be necessary for the completion of work,but which does not appear in the Northern Railway Standard Schedule &Quantities, attached with tenders, its rates will be either fixed by analysis ofactual labour and material or derived from the labour and material rates given inthe Northern Railway Standard Schedule of Rates 1981. The rates for suchnon-schedule items according during the course of construction shall be payablesubject to the approval of the Competent Authority. No items of work requiringnon-schedule rates will be carried out unless ordered to do so by the Engineer.

    The rates derived from the Northern Railway Standard Schedule of Rates 1981will be subject to percentage above or below as tendered by the contractor.

    9.6 Payment for the work done will be made to the contractor only after the formalagreement has been executed between the parties.

    9.7 SUPPLEMENTARY AGREEMENTAfter the work is completed and taken over by the Railway as After the work iscompleted of the contract agreement or the contract or otherwise concluded bythe parties with the mutual consent and full and final payment is made by theRailway to the Contractor for work done under the Contract the parties shallexecute the supplementary agreement annexed hereto as SUPPLIMENTARYAGREEMENT.

    9.8 VARIATION IN CONTRACT QUANTITIES

    In suppression of boards instructions vide letter No. 94/CE-CT/4, dated17.10.2002, the procedure as detailed below shall be adopted for dealing withvariation in quantities during execution of works contract.

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

    9.8.2 In case of increase in quantity of an individual item by more than 25% of theagreement quantity is considered as unavoidable, fresh tender shall be executedthe same. If floating a fresh tender is considered not practicable, negotiationsmay be held with the existing contractor for arriving at reasonable rates foradditional quantities in excess of 125% of agreement quantity.

    9.8.3 The limit for varying quantities for minor value items shall be 100% (as against

    25% prescribed for other Item whose original agreement value is less than 1% ofthe total original agreement value.

    9.8.4 No such quantity variation limit shall apply for foundation items.9.8.5 As far as SOR items are concerned, the limit of 25% would apply to the value of

    SOR schedule as a whole and not on individual items, the limit of 25% wouldapply on the individual items irrespective of the manner of quoting the rate(singlepercentage rate or individual items rate)

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    C-14 SIGNATURE OF THE CONTRACTOR/S

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    ANNEXURE I

    10. DRAWINGS FOR WORKS10.1 The Railway Administration reserves the right to modify the plans and drawings

    as referred to in the special date and specification as also the estimates andspecifications without assigning any reason and when considered necessary bythe Railways.

    11. SUPPLY OF MATERIALS BY THE RAILWAYS11.1 If at any time, material which the contractor would normally have to arrange

    himself, are supplied by the Railway either at the Contractors request or inorder to prevent and avoidable delay in the execution of work due to thecontractors inability to make adequate timely arrangements for supply thereof orfor any other adequate timely arrangements for supply thereof or for any otherreason, recovery will be made from the contractors bill either at the market rateprevailing at the time of supply or at the book/issue rate whichever is greater,plus fixed departmental charges viz. freight at 5% (8.33%, for items of Iron & G.I.Pile steel) incidental charges at 2% and added on total cost supervision charges

    at 12 %. No carriage or incidental charges will be borne by the Railway,which he is required to arrange himself in accordance with the terms andconditions of this contract.

    12. SUPPLY OF MATERIAL BY THE CONTRACTOR12.1 Materials used in the work by the contractor shall conform to the Northern

    Railway Standard specification and the relevant ISI Specifications and should beapproved by the Engineer before utilizing them on works.

    12.2 It should be clearly understood that the tendered rates include wastage andwash away due to rains, storm, floods or any other cause whatsoever.

    12.3 No loading, unloading, load, life stacking, octroi, sales tax, tool Tax, royalty or anyother charges will be paid for the materials, tools and plants and tackle arranged

    and brought by the contractor to the site of work.13. Any on account payment made by the Railway shall not protect the contractor/s

    against or prevent the Railway from recovering from the contractor/s any overpayment made to him/them.

    13.1 Final payment of the balance amount due (inclusive of the security depositrequired in terms of Para 5 of the special conditions) will be made after thecompletion of the entire work and on the certification of the Engineer that workhas been completed in all respects and found Satisfactory, The security depositwill be refunded a months after the date of completion according to Para 8.1 ofthese conditions.

    14. EMERGENCY WORK14.1 In the event of any accident or failure occurring in or about the work or arising out

    of or in connection with the construction completion or maintenance of the workswhich in the opinion of the Engineer require immediate attention. The Railwaymay be its own workmen or other agency execute or partly execute thenecessary work or carry out repairs if the Engineer consider that the contractor isnot in a position to do so in time and charge the cost thereof, as to bedetermined by the Dy. Chief Elect. Engr./CR, N.Rly., IRCA Bldg., New Delhi tothe contractor.

    C-15 SIGNATURE OF THE CONTRACTOR/S

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    Part II SPECIAL CONDITION OF CONTRACT (General)

    1. TOOLS AND PLANTS:-During the period of operation contractor shall make his own arrangements fornecessary tools and plants required for transportation, equipment covered underthe contract.

    2. STANDARD SPECIFICATIONSWhenever, a reference to any ISI or BS specifications appears in these Tenderpapers, the same shall be taken as a reference to the latest version of the saidspecifications.

    3. FOREIGN EXCHANGENo foreign exchange and/or import license shall be released/provided to thecontractor in connection with the contract.

    4. GUARANTEEThe Contractor shall provide all type arrangement as offered for satisfactoryperformance for a period mentioned at page C-16, Para 19, from the date ofsupply & actual handed over after successful commissioning against all defectsarising out should make good all defects of cost free during the guarantee periodand replace/repair the defective equipment parts so replaced by the contractorshall bear further similar guarantee.

    5. FINAL ACCEPTANCEThe installation shall be finally accepted by the Railway on completion ofoperation period as per Para 4 above and a final acceptance certificate will beissued.

    6. DEVIATIONSDeviations from the tender papers shall be clearly brought out by the tenderer inhis tender offer. Clauses not so commented upon shall be taken as having met

    with approval of the tenderer and shall therefore, be binding on him.7. SCHEME OF WORKa) Within 7 days of the issue of the advance letter of acceptance to the contractor

    shall submit to Dy.CEE/CR/PRS/IRCA Building, New Delhi a detailed timescheduled for the submission of design, calculations and drawing and executionof the various items of work.

    b) WORK TO BE DONE AS APPROVED BY RLY ADMINISTRATIONc) FORTNIGHTLY PROGRESS REPORT

    The contractor shall furnish, during the first and third week of every calendarmonth, a complete record including work carried out by the firm for erection.

    8. QUALITY OF MATERIALS AND ERECTIONAll tools used during the operation work shall be of best quality and of the class

    most suited for the purpose specified.9. CONTRACTORS DRAWINGS

    Before execution of the work, the contractor shall submit to the purchaser forapproval six copies of all detailed drawings, which are necessary to ensurecorrect supply of components and material and enable correct erection andsatisfactory performance as detailed in Tender Papers.

    C-17 SIGNATURE OF THE CONTRACTOR/S

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    10. RAILWAY STORESIf the contractor is unable to arrange the supply of any material for the timelyexecution of the work and on his request the material is supplied by thepurchaser, recovery will be at the book rate, or last purchase, whichever ishigher, plus 5% on account of initial freight and charges at 12 % on the totalcost inclusive of material, freight and incidental charges. No carriage or

    incidental charges will be borne by the Railway, which he is required to arrangehimself in accordance with the terms and conditions of the contract.

    11. COMPLETENESS OF OFFERS11.1 Since the work is time bound and of urgent nature, it is essential that the offers

    are complete in all respects.11.2 Incomplete offers are liable to be summarily rejected.11.3 The Tenderer are, therefore, requested to ensure that their offers are complete in

    all respect.11.4 All work carried out shall be safe for operation mechanically & electrically as per

    rules and regulation.

    C-18 SIGNATURE OF THE CONTRACTOR/S

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    PART III PRICES AND PAYMENT1. The tenderer in the manner as indicated in Schedule A both in words and

    figures clearly shall quote the prices. The prices quoted by the tenderershall be firm and shall be inclusive of all taxes and duties, packing andforwarding charges, F.O.R. delivery at site, erection, testing,

    commissioning and shall not be payable by the railway considering thework as WORKS CONTRACT.2. TERMS OF PAYMENT2.1 The rates given in the attached schedules of rates and quantities

    tendered by the contractor and as accepted by the Railway, willform the basis of payment for such items under this contract.

    2.2 No material, price variation or wage escalation on any account whatso ever and compensation for Force-de-majors.

    2.3 The rates of any item work not included in the Schedule of Quantities and Rates and which the contractor may be called uponto do, shall be fixed by a supplementary written agreement between

    the contractor and the Railway before the particular items of workis/are executed. In the event of such agreement not being enteredinto and executed, the Railway may execute these works bymaking alternative arrangement and the contractor shall have noclaim for loss or damage on this account.

    2.4 Payment for the work done will be made to the contractor only afterthe formal agreement has been executed between the parties.Before executing the agreement tenderer shall submit full amountof performance guaranty as per guide line at page part III-a(specialcondition of contract C-19.

    2.5 (a) Quarterly Payment as per Schedule A will be paid on prorate basis after theservices rendered by contractor and on production of a certificate issued by therailway representative to this effect.

    2.5(b) SSE/PS will forward the bill in triplicate and same shall be sent toFA&CAO/X/B.House for arranging the payment.

    2.5(c) Payment to Contractor shall be made through cheque from cashier BarodaHouse.

    3.0In case the contractor furnishes the guarantee bond against Cash security fora specified period, he will be responsible for furnishing extension to the saidguaranty bond before two months of its expiry failing which the said guarantybond shall be got encashed without any notice to him .In case contractor feelsthat no further extension will be necessary for a guaranty bond expiring after

    two months than he must apply to concerned Engineer with a copy toFA&CAO/X/N.Railway/Baroda House, New Delhi or FA&CAO/CONST./N.Railway /K.Gate ,Delhi with reason as to whyencashment is not necessary so that guaranty bond is not encashed beforetwo months of its expiry.

    C-19 SIGNATURE OF THE CONTRACTOR/S

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    Part III-a SPECIAL CONDITIONS OF THE CONTRACT

    1. PERFORMANCE GUARANTEEThe procedure for obtaining the performance Guarantee is outlined bellow: -

    1.1 The Successful bidder should give a performance Guarantee in the form of anirrevocable bank guarantee amounting to 5% of the contract value.

    1.2 The performance Guaranty should be furnished by the successful contractor afterthe letter of acceptance has been issued, but before signing of the agreementand should be valid up to expiry of the maintenance. Agreement shouldnormally be signed within 15 (fifteen) days after the issue of LOA andperformance Guarantee should be submitted within this time limit.

    1.3 Performance Guaranty shall be released after satisfactorily completion of thework and maintenances period is over. The procedure for releasing theperformance Guarantee shall be same as for Security deposit.

    1.4 Wherever the contracts are rescinded, the security deposit forfeited and theperformance Guaranty shall be enchased and the balance work should be gotdone separately.

    1.5 The balance work shall be got done independently, without risk and cost of theoriginal contractor.

    1.6 The original contractor shall be debarred from the participating in the tender forexecuting the balance work. if the filed contractor is JV or partnership firm, thenevery member /partner of such a firm would be debarred from participating in thetender for the balance work either in his /her individuals capacity or as a partnerof any other JV/partnership firm.

    2. PENALITY FOR DELAY IN COMPLETION2.1 The time for execution of the work or part of the works specified in the contract

    documents shall be deemed to be the essence of the contract and the work mustbe completed not later then the date(s) as specified in the contract. If the contractand the works within the time as specified in the contract for the reason otherthen the reasons specified in clause force majeure clause the railway may, ifsatisfied that the works can be completed by the contractor within the reasonableshort time thereafter, allow the contractor further extension of time as theengineer may decide. On such extension the Railway will be entitled withoutprejudice to any other right and remedy available on that behalf, to recover fromthe contractor as agreed damages and not by way of penalty a sum equivalent to of 1% of the contract value of the works for each week for each week or part ofthe week.

    2.2 For the purpose of this clause, the contract value of the works shall be taken asvalue of work as per contract agreement including any supplementary workorder/contract agreement issued. Provided also that the total amount ofliquidated damages under this condition, shall not exceed the under notedpercentage value or of the total value of the item or groups of item of the work forwhich a separate distinct completion period is specified in the contract.

    (a) for contract value up to Rs.2 Lac---10% of the total of the contract(b) For contract valued above Rs.2 Lac---10% of the first Rs.2 Lac and the

    5% of the balance.C-20 SIGNATURE OF THE CONTRACTOR/S

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    ANNEXURE I-aFROM:..................................

    ...................................

    TO: The President of IndiaActing through Dy.Chief Elect.Engr./CR,

    N.Rly., IRCA Building, New Delhi.

    Dear Sirs,

    SUB:

    I/we the undersigned, hereby offer to execute the work relating to the ..................Within the time limit specified below and in strict accordance with the provisions detailedin the Tender Papers No......................................................as modified by this tender atsuch rates as specified in Schedule appended hereto.I/We agree that this Tender shall remain open for acceptance for the during the period of.......... days from the date fixed for opening the same and I/we shall be bound by a

    communication of acceptance.I/We fully understand the terms, conditions and other provisions as contained in the

    Tender Papers and I/We agree that the same shall apply to my/our Tender as modifiedby my/our Tender and they shall bind me/us.I/We have deposited with the FA&CAO/Const.,N.Rly.,Kashmere Gate, Delhi the requiredearnest money of Rs............................only in respect of this Tender for which ReceiptNo........... dated................has been granted.

    ORI/We enclose the requisite Earnest Money in the form of for Rs......................only inrespect of this Tender.I/We enclose the Income Tax Clearance Certificate or a declaration to that effect asrequired under Para 16 part-I of the Tender paper pertaining to me/us for the year.

    I/We have no retired Engineer or retired gazetted officer of the Electrical EngineeringDepartment of the Railway owned and administered by the President of India.

    ORThe list of retired Engineers or retired gazetted officers who are associated with me/us isincluded as an enclosure to this offer letter.

    Yours faithfully,

    Seal of the Tenderer Signature of the Tenderer/s

    Place........................

    Date.........................

    Witnessed by1. Signature 2. Signature

    Name in Block Capital: Name in Block Capital:Address: Address:

    C-21

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    AGREEMENT FOR WORKS ANNEXURE-II

    1. Contract Agreement No.........of Agreement made this...... daysof , between the President of India acting through the Dy.ChiefElectrical engineer/CR, Northern Railway, IRCA Building, New Delhi (here in aftercalled the Railway ,which expression shall, unless the context does, not so admit

    include his successor and assignees in office) of the one part and M/s. ,. (Herein after called theContractor which expression shall unless excluded by the context included hisheirs, executors, administrators, successors and assignees of the other parts.

    2. Whereas the Contractor has agreed with the Railway for the performance of thework . vide their offer set forth in the schedule hereto and upon the GeneralConditions of Contract and the specification of the Computer Reservation (N.Rly)and the Special Conditions and Special Specifications, if any and in conformitywith the drawing hereto annexed if any. And whereas the performance of thesaid works is an act in which the public are interested at an estimated cost of

    Rsinclusive all the taxes and duties.3. Whereas M/s. , have submitted full amount of security deposit

    i.e. Rs.in shape of ..........4. Now this indenture witnesses that in consideration of the payment fees made by theRailway, the contractor will duly perform the said works in the said schedules set forththe shall execute the same with great promptness, care and accuracy in a workman likemanner to the satisfaction of the Railway and will complete the same in accordance withthe said specifications and said drawing and said conditions of contract on or before the.. day of . and will maintain the said works for a period of 12 calendar monthsfrom the certified date of their completion or 18 months from the sate of supply and willand will observe fulfil and keep all the conditions therein mentioned (which shall takento be part of this contract as if the same had been fully set forth herein) and the Railway

    do hereby agree that if the contractor shall duly perform the said works in the manneraforesaid and observe and keep the said terms and conditions. The Railway will payor cause to be paid to the contractor for the said works on the final completion thereofthe amount due in respect thereof at the rate set forth in the schedule

    5. It is hereby agreed and declared that all the provisions of the said specifications,conditions of contract which have been carefully read and understood by the contractorand the schedule of rates, including the General Instructions contained in pages thereofshall be as binding upon the contractor and upon the Railway herein and shall be read aspart of these presents.

    IN WITNESS THERE OF THE part as hereto have executed these presents on. Day of.. and year.

    Signature of witness signature of Contractor

    Address:Date:

    SIGNATURE

    DESIGNATUREDy.Chief Elect.Engr./CR,Northern Railway, IRCA Bldg.New Delhi.

    For and on behalf of President of India.

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    C-22ANNEXURE-III

    PROFORMA FOR BANK GUARANTEE FOR SECURITY DEPOSIT(To be submitted on requisite amount of non-judicial paper, duly attested, and sealed byNotary Public).

    GUARANTEE BONDIn consideration of the President of India (herein after called the Government) havingagreed to exempt (hereinafter called the said contractors) from thedemand for the payment of security deposit for the due fulfillment by the saidcontractors on the terms and conditions of the agreement date .made between. and bank Ltd., (hereafter referred to as the Bank ) do herebyundertake ( and promise ) to pay the Government by reason of any breach by the saidcontractor(s) of any of the terms and conditions contained in the said agreement.

    3. We. Bank Ltd. further agree (and promise) to pay the amount due andpayable under this guarantee without any demure, merely on demand from theGovernment through the Financial Adviser and Chief Accounts Officer, NorthernRailway Kashmeregate, Delhi stating that the amount claimed is due by way of loss ordamage, caused to or would be caused to or suffered by the Government by reasonof an breach by the contractor(s) of any of the terms and conditions contained in thesaid agreement or by reason of the contractor failure to perform the said Agreement.Any such demand made on the Bank shall be conclusive as regards the amount dueand payable by the Bank under this guarantee. However, our liability underguarantee shall be restricted to an amount not exceeding Rs

    4. We. Bank Ltd., further agree that the guarantee herein contained shallremain in full force and effect during the period that would be taken for theperformance of the said agreement and that it shall continue to be enforceable till allthe dues of the Government under or by virtue of the said Agreement have been fullypaid and its claims satisfied or discharged or till (office/Dept.) Ministry ofcertified that the terms and conditions of the said agreement have been fully andproperly carried out by the said contractor(s) and accordingly discharges the

    guarantee. Unless a demand or claim under this guarantee is made on us. Inwriting on or before (2 months after the date of completion of the contractor(s), weshall be discharged from all liability under this guarantee thereafter.

    5. (a) Not withstanding any thing to the contrary contained herein the liability of theBank under this Guarantee will remain in force and effect until such time as thisguarantee is discharged in writing by the Government or until (the date of the expiryof the contract whichever is earlier and no claim shall be valid under this guaranteeunless notice in writing thereof is given by the Government within 2 months from thedate aforesaid).

    (b) Provided always that we.............................................................Bankunconditionally undertakes to renew this guarantee or to extend the period of guarantee

    from year to within two months before the expiry of the period or the extended period ofthe guarantee, as the case may be, on being called upon to do so by the Government.If the guarantee is not renewed or the period extended on demand, we Bank shall paythe Government the full amount of the Guarantee on demand and without demur.4. We Bank Ltd., further agree with the Government that the Government shall have the fullest liberty without our

    C-23

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    consent and without affecting in any manner out of obligations hereunder to very any ofthe terms and conditions of the said Contractor(s) from time to time or to postpone forany time or from time to time any of the powers exercisable by the Government againstthe said contractor(s) and to forebear or enforce any of the terms and conditions of thesaid agreement and we shall not be relieved from our liability by reason of any suchvariation or extension being granted to the said Contractor(s) or force aberrance, act or

    omission on the part of the Govt. or any indulgence by the Govt. to the saidcontractor(s) or by any such matter or thing whatsoever which under the law relating tosureties but for the said reservation would relieve us from the liability.6. This guarantee will not be revoke by any change in the constitution of the Bank and

    or of the security.7. We..............................................Bank Ltd., lastly undertake not to revoke this

    guarantee during its currency except with the previous consent of the Government inwriting.

    Dated Day

    C-24

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    ANNEXURE- IVPROFORMA FOR IDEMNITY BOND

    (to be submitted on the requisite mount of non judicial paper duly attested byNotary Public)

    Indemnity Bond for Safe custody of materialat..............................................................1. We hereby undertake that we shall hold at for and on behalfof the president of India acting through Dy. Chief Elect. Engr./CR, NorthernRailway, IRCA building, new Delhi and in trust for him the stores/articles(mentioned here below0 which have been brought by us at.2.We shall be and remain absolutely responsible for the safe custody andprotection of said stores and articles against all risks whatsoever till these areerected at and handed over to the President of India acting through Dy.ChiefElect. Engr./CR, Northern Railway, IRCA Building, New Delhi against any lossor/and/or damage to the said stores and articles while in our possession/custody.

    The said material shall, however, be at all times open to inspection by officerswho may be authorized in that behalf by the President of India through Dy.ChiefElect. Engr./CR/IRCA Building, New Delhi or his nominee.3.Should however, at any time or damage as aforesaid occur or a refund becameotherwise due to the President of India acting through Dy.Chief Elect.Engr./CR,Northern Railway, IRCA Building, New Delhi or his representative shall beentitled to recover from us compensation for and in respect of such loss ordamage if any of the amount to be so refunded without prejudice to any otherremedies which may be otherwise available to the said President of India actingthrough Dy.Chief Elect.Engr./CR IRCA Building, New Delhi by way of deductionfrom any sum due to/or any sum which at any time hereafter may become due to

    us under this or any other contract.In the event of any loss or damage as aforesaid the assessment of such loss ordamage and the assessment of the compensation therefore would be made bythe President of India acting through Dy.Chief Elect. Engr. CR., N.Rly., IRCABuilding, New Delhi or his authorized nominee and the said assessment wouldbe final and binding upon us.

    IN WITNESS WHERE OF THE PARTIES have put their hands on

    day of at

    Signature & Seal of theIndemnities

    (ATTESTED BY NOTARY PUBLIC)

    C-25

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    ANNEXURE V

    Documents required to be furnished along with the Tender, failing which tenderwill be treated as in complete.

    1. Partnership Deed, if any.

    2. Power of Attorney, if any.

    3. List of works executed year-wise during last five years along with thereValue.

    4. Credentials issued by the parties for whom the work as executed by thetenderer during the last five years.

    5. Financial Standing, along with Bankers Certificate.

    6. List of works in hand, their value and their stage of completion.

    7. Latest ITCC/Copy of Income tax return

    8. Sales Tax Clearance Certificate.

    ANNEXURE VI

    CAUSE 2.3.2 (a) for electrical works of other than specialized nature

    the tender must submit along with his tender the following

    I(i) A statement showing similar works completed by him.(ii) Certificates for successful completion of the works from authorities who

    awarded the contract.(ii) A list of engineering organization and equipment construction tools and

    plants available with him. As a proof of technical capability andcompetence, the tenderer should have completed at least one work of thesimilar nature to that include in the tender costing not less than to 35% ofthe value of the cost of the work under consideration in the last 1 (One)year and Total work done in the last 3 year should be equivalent to 150 %of the tendered cost. Above clause is only applicable for the works morethen 10 lacs.

    C-26 Signature of Tenderer

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    Tender No.150-Elect-CR-302 Schedule of Rate ANNEXURE A

    NAME OF WORKS:-Annual Maintenance contract of 4 Nos. D.G. Sets installed inDelhi Main, HazaratNizamuddin, Delhi subjeemandi, and Rohni mounted for three year.

    SN

    .

    DESCRIPTION QTY. RATE(PER

    MONTH)

    AMOUNT

    (Per year per set)

    1. Annual maintenance contract for D.G. Sets ofvarious make and capacity with AMF panels withall accessories along with self-starter and batteryInstalled at various PRS centers in Delhi area forthree years. (Without Spares)AMC of D.G.Sets to be done is Installed atlocations as given below and as per technicalspecification.

    1a Delhi Main capacity 250 KVA, make Kirloskar. 1 Nos.

    1b Hazarat Nizamuddin capacity 63 KVA, makeGreaves

    1 Nos.

    1c Delhi subjeemandi capacity 70 KVA, makeKIRLOSKAR

    1 Nos.

    1d Rohni capacity 70 KVA, make Ashok Leland 1 Nos.Total for One Year

    Total for Three Years

    Note: -1. Rates should be quoted in words and figures and inclusive of all taxes and

    duties. No additional payment shall be paid in any account.2. Two percent Income tax and surcharge thereon shall be deducted at source. Any

    other tax implemented by Central Gov. /State Gov. such as work contract tax, shallalso be deducted at source.

    3. Quantity can be Increased or decreased by Railway administration on same rate,terms and cost as per prevailing rule.

    Signature of the Tenderer SEE/UTSI/we already under stand that I/we am/are not entitled to any other payment on any account what so ever

    except at the tendered rates quoted against each Item or fully completed works as per condition of contract.

    Signature of TendererAddress.................................................

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    SPECIFICATION FOR

    Annual Maintenance contract of 4 Nos. D.G. Sets installed in Delhi Main,

    HazaratNizamuddin, Delhi subjeemandi, and Rohni mounted for three year.

    Part -11.0 SCOPE

    1.1 This specification covers the maintenance of Annual maintenance Contractof D.G. Sets with AMF panels Installed at various PRS centers in Delhi area forthree years.

    Important Notice:1.2 Tenderer is required to give clause wise comments, confirming compliance

    non-compliance Deviation etc. to avoid back references. Offers are likelyto be ignored in case of non-compliance of these instructions.

    1.3Rates should be filled in Page C-27 Schedule of rate only No additional Itemshall be added by the Tenderer on page C-27.1.4 The requirement Annual maintenance Contract of D.G. Sets of various

    capacity with AMF panels Installed at various PRS/UTS centers in Delhiarea for three years.

    SITE CONDITIONSThe Equipment governed by this specification are Installed in followingservice conditions.Ambient Temp. 0 to 45 0 C.Humidity 98% during rainy seasonAltitude Max.1200 Mt. above mean sea level

    Atmosphere Extreme dirty & desert terrain in certainareas. Dust concentration in air may be as high as

    1.6 mg/cubic mt. rainfall Very high in certainareas

    Environment The equipment shall be designed to work inhumid & salt laden & corrosive atmosphere.The maximum conditions/values shall be asunder.(a) Max ph value 8.5(b) Sulphate 7.0 mg/ltr (c) Chlorine concentration 6.0mg/ltr(d) Conductivity 130 micro

    siemens/cm

    T-1 Signature of Tenderer

    3. PURPOSE FOR WHICH WORK UNDER THIS TENDER IS REQUIRED ANDCAPABILITY

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    a.1 UTS is real on line un reserved ticketing System & PRS is real online reserved ticketing System for the purpose of computerisedbooking activity over Northern Railway. This centre works round theclock 7 days a week, 365 days in a year.

    a.2 There are many locations of PRS spread over NCR, which areconnected to the main server at IRCA bldng these remote locationshave data & communication equipments for PRS facility along withmany electrical equipments e.g. D.G.sets, UPS, Batteries and A.C.for proper function of system.

    1.3 The requirement of Annual maintenance Contract of 4 nos. D.G. Sets ofwith AMF panels Installed at various PRS/UTS centers in Delhi area forthree years.

    There are many locations in Delhi where D.G. Sets are installed, followinglocations are under this work such as

    Delhi Main, HazaratNizamuddin, Delhi subjeemandi, and Rohni

    T-2 Signature of Tenderer

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    Part-II

    Technical

    1. The requirement is for maintenance contract 4 nos. D.G. Sets with AMF

    panels Installed at various PRS centers in Delhi area for three years.

    2. Description and scope of agreement

    2.1 Four Nos. D.G. Sets with AMF panels Installed at various PRS centers

    2.2 The D.G. Sets have been provided to supply power to servers,Communications equipments, terminals etc for PRS System.

    3. This contract is comprehensive in nature and inclusive of AMC andpreventive check and day-to-day maintenance of the following equipment

    of Kirlosker / LEALAND/GREAVES. Following makes and model nos. arepresently to be handed over for AMC.

    S.N.

    Make Locations of PRS center

    No. of D.G. Setinstalled

    1. LEALAND Rohni 1 nos. 70 KVA

    2. KIRLOSKAR Delhi Main 1 nos. 250 KVA

    3. GREAVES HazaratNizamuddin

    1 nos.63 KVA

    4. -DO- DelhiSubzemandi

    1nos. 70 KVA

    + Location and type of machines can be changed at the discretion of Dy.CEE/CR

    3.1 Normally above booking centers work round the clock. Incase of local powersupply fails D.G.Sets shall work in two shifts. (8.00 Hrs. to 20.00 Hrs. (on Sundayworking Hrs. 8.00 Hrs. to 14.00 Hrs.) In case of local power failure, D.G.Setsshall work in all two shifts continuously without break. All D.G.Sets in PRSCenters work 12 Hrs. /365 days without any break in Emergency.

    3.0 The services will be carryout to the entire satisfaction of Railway Administration.

    4.0 The services offered for the AMC of this D.G.Sets will include of the following jobs Para9 to 10.3.

    5.0 Contractor should have experience of D.G. set repair/AMC in railway department.

    T-3 Signature of Tenderer

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    6.0 Annual turnover of the firm should be mentioned.

    7.0 Contractors should have their own maintenance workshop and telephone contractnumber round the clock and there own vehicle to attend the break down call even

    night.

    8.0 SCOPE OF WORKS

    8.1 The company will maintain the said equipment as hereinafter described using trainedstaff directly employed and supervised by them and fully qualified to keep properlyadjusted the said equipment and who will use all reasonable care to maintain thesaid equipment in proper and safe operating conditions.

    8.2The Company will regularly and systematically examine adjust lubricate asrequired and if, in their judgment conditions warrant, repair or replace the partin the following conditions and the scope of work shall be as under:-

    9.0 SCOPE OF WORK (MECHANICAL)

    a) Preventive maintenance and periodic maintenance.b) Fuel, Lub-oil and corrosion register filters replacement.c) Lub-oil changing. (Lub-oil shall be supplied by Railway).d) Rectification of leakage in fuel, oil, air and cooling system.e) Injector setting and value tappet setting.f) Fan belt and water pump bolt tension adjustment.g) Changing and checking of safeties i.e. H.W.T.&L.L.O.P.h) End play checking.i) Crankshaft.

    j) Accessory Drive.

    k) Turbo charger/super charger.l) Vibration damper checking (wobble & contractile).m) Checking of manifold pressure of fuel PT pump.n) pH value of coolant to be checked.o) Radiator internal cleaning once in a year and external cleaning with hot water &

    detergent twice in a year.

    10 SCOPE OF WORK (ELECTRICAL)

    a) General preventive check up and complete maintenance.b) Regulation of engine alternator on different types of load.c) Precautions to be taken during the running of DG sets.

    d) Points on ideal installation.

    T-4 Signature of Tenderer

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    10.1ALTERNATOR

    a) Insulation check by Megger.b) Weather proofing.c) A.V.P. assembly.d) Greasing of bearings with grease of high quality (imported)e) Alignment checks.

    10.2AMF PANEL

    a) Maintenance of all relays, contractors (contacts).b) Up-keep of all electrical components and cleaning of panel.c) Complete checking and setting of Control circuits.d) Cleaning and setting of timer, contractors, connections, contracts etc.e) Servicing of Incoming circuit breakers of DG set at DG set room if required.f) Servicing of Manual CBs of AMF panels twice in a year.e) Cleaning of D.G. Set body. Radiator, Alternator Body by dry towel duster.

    10.3 BATTERIES

    a) Maintenance of Batteries for better efficiency and long life.b) Removal of sulphation from battery terminals if any and providing of petroleum

    jelly.c) Checking batteries specific gravity (SPG) and cells voltage & record in register

    and on chart.

    11.0 SPARES

    11.1 Firm shall provide genuine spares during the replacement of parts as a part of

    this work. Payment shall be made for the spares used with the AMC charges.Firm can be asked to submit one lists of recommended spares complete requiredduring the normal maintenance to cover complete range of mechanical andelectrical equipments.

    11.2 Major over hauling, top over hauling and over hauling due to accident shall not becovered under this contract. The cost of material used for these jobs shall also bepaid to firm, however work force including unskilled labour, transportation forexecuting the major over hauling as above shall be within the scope of work.

    12.0 DEVIATIONS

    12.1 The tenderer should certify that the services offered should fully meets the

    specifications as per specified by the Manufacturer. Various updating of themanufacturer guidelines / features incorporated to fulfil different technicalperformance requirement shall be fully explained in the offer. However, minordeviations from these specifications, which do not affect or in any way interfere

    with the stipulated performance standards, would result in improvedsafety/reliability, or would reduce recurring maintenance /operating cost of theplant, can be considered for acceptance.

    T-5 Signature of Tenderer

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    13.0 The contractor shall provide their representative with proper identity card to facilitateproper identification by Railway representative. A list of staff so deputed shall alsobe furnished to the engineer Incharge be fore starting the contract. Any change willalso be intimated to Railway in advance.

    14.0 In case of breakdown of D.G.Sets due to poor maintenance /faults of thecontractors staff the D.G.Sets shall be repaired and parts required if any shall bereplaced by tenderer free of cost to entire satisfaction of railway.

    14.1Contractor shall keep the equipment in efficient working condition. The serviceconsists of preventive as well as breakdown maintenance.

    14.1.1 The equipment shall be attended once in a months towards preventivemaintenance and shall maintain the separate record of preventivemaintenance as well as breakdown calls.

    14.1.2 At the end of each check up / breakdown contractor shall prepare servicereport countersigned by the Railways representative present at site and

    submit the same to SSE/PRS.14.1.3 The breakdown complaints shall be reported to the firm in writing ortelephonically. However firm shall also make a call to SSE/PRS on everymorning.

    14.2The breakdown calls shall be attended immediately i.e. 1 Hrs. + journey timefor equipments in Delhi area from the time of reporting.

    15.0The contractor shall maintain a Maintenance logbook as per SOR and givenby the Railway at various locations.

    16.0Arranging the distilled water and the toping up of flooded lead acid batteriesis within the scope of work.

    17.0 Firm shall maintain sufficient inventory of spares to avoid delay in rectification.

    9.0 PENALITY CLAUSE9.1 In case of failure on account of contractor for the reason what so ever, he is liable

    to be blacklisted and imposing such monetary penalty / fine as considered fit bythe Dy. CEE/CR.

    9.2 Firm shall attend the fault of D.G.Set promptly. If the D.G.Set remains underbreak down for more than 12 Hrs., a penalty of Rs.50/- per Hrs. (subject tomaximum 5% of the contract value) shall be recovered from the contractor.

    T-6 Signature of Tenderer

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    Part- III

    PAYMENT TERMS

    1 The AMC charges will be paid quarterly .The contractor shall raise the billat the end of each quarter from the date of agreement along with summeryof preventive and breakdown maintenance carried out during that quarter.

    2. Payment shall be as per payment terms written in page C-19 onproduction of a certificate issued by railways representative.

    3. SSE/PS will forward the bill in triplicate and it shall be sentFA&CAO/Baroda House for arranging payment.

    4. Payment to Contractor shall be made through Electronic clearance.

    5. Tenderer shall pay all rates, taxes and assessment whichever payable orhereafter to become payable to the Govnt. of India or Delhi Gov. of saidcontract.

    6. Any other tax implemented by State /Central Government (service Tax,

    Work contract tax) shall be paid by tenderer.

    7. No advance payment will be made by the Administration.

    8. No additional payment shall be made on any account.

    T- 7 Signature of tenderer

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    PART -IV

    SPECIAL CONDITION OF CONTRACT

    1. This contract shall be governed by latest version of Indian Electricity Act & IndianElectricity Rules in force.

    2. This contract shall be governed by general condition of the contract & regulationof Egg. Dept., latest edition up to date.

    3. Offers of firms, which are in working with Railway department to carryout AMC ofD.G. Sets, shall only be acceptable.

    4. Firm shall give certificate that sufficient stocks of the spares are available with thefirm.

    5. In complete offers are likely to be passed over without consideration.

    6. The firm should have the permanent address in Delhi area and havingcontactable Mobile phone round the clock and own transport. Firm shall changethe office only after the prior information to the Competent. Authority i.e. in thiscase Dy.CEE/CR.

    6.1The firm shall have at least one four-wheeler and one two-wheeler for quickmovement of man and material to the site.

    7. Firm shall submit the photograph of the workers for issuing the I. card. The costof the same shall be borne by the contractor. No staff shall be permitted to workwithout I. card.

    8. Permission to work shall be given as per the Railways convenience. No claim fornot giving the permission to work during the odd Hrs. will be accepted.

    9. All work is to be carried out in the presence of Railways representative.

    10. FREE ELCTRICITY, MOBILOIL, DIESEL, BATTERY AND WATER SHALL BEGIVEN FOR EXECUTION OF WORK IN THIS TENDER.

    11. Charges & expenses in respect of moving, Loading and Unloading the equipmentor a part there of, if required by firm for repairing the equipment to their workingPlace and back to Railway premises and including dismantling reinstallation,

    testing and commissioning shall be born by firm.

    11.1 Un-skilled manpower will be provided by the company as and when required byservice engineer.

    T-8 Signature of the Tenderer

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    12. Railway administration will not be responsible for any compensation to the firmsstaff by any reasons what so ever. Contractor will ensure that the staff is fullyinsured for any liability in case of accident, strikes, riots, civil commotion etc. Therailway will not be liable for any damage caused due to any reason.

    13. All dispute arising out of contracts will be subject to the jurisdiction of courts at

    Delhi

    14. The contractor shall make good all the repairs /modifications /damages beforeleaving the site.

    15. The Tenderer shall not assign, transfer and sublet the privileges conferredUnder this agreement.

    16. Railway can increase or decrease the quantity of work on existing agreed termsand condition.

    17. Cancellation of Contract:

    The DY. CEE/CR without prejudice can cancel the contract in any of thecontractor.

    (a) The contractor or any partner in the contracting firm becoming insolvent orhave a receiving order or orders for administration of estate made againsthim or shall take any proceeding for liquidation or compensation underany insolvency act for the time being in force or make any conveyance orassignment of this efforts or composition or arrangement for the benefit ofhis creditors or purpose to do so or if application be made under anyinsolvency act for the time being in force the sequestration of his estate or

    if a trust deed be granted by him on behalf of his creditors.(b) Assign, transfer, sublets or attempts to assign or sublet whole or any

    portion of the contract without written permission of the DY. CEE/CR.(C)Whenever DY. CEE/CR exercises his authority to cancel the contract

    under these conditions; he may complete the contract by any means atthe contractors risk and cost. The security deposit and any othe5r duesof the contractor shall be at the absolute disposal of DY. CEE/CR to makegood the loss suffered by Railway or extra expenditure incurred for hiringvehicle due to contractor failure.

    18.DY. CEE/CR reserves the right to terminate the contract at any stage if thecontractor fails to comply with the contractual conditions set in the

    contract.19. If at any later stage, it is detected that the contractor has been paid in excess,

    what-so-ever reasons may be, the railway shall have full authority to recover theexcess payment/cost of the damage caused by him from the pending bill/securitydeposit etc. and to terminate the contract with immediate effect.

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    20.In case of any dispute of the interpretation on any Clause in the terms andconditions of the contract decision of DY. CEE/CR will be final and bindingin the contractor.

    DY. CEE/CR

    N.Rly. IRCA Bldng. New Delhi.

    I/we agree to abide by the terms and conditions mentioned atpage..............to..........as well as regulations for tenders and contractsand general conditions of contract 1999 of the Northern Railway ascorrected up-to-date to the extent the later these books are applicable.

    Signature of the Tender/s

    Add:...............................

    ........................................

    T-10 Signature of the Tenderer

    END OF DOCUMENT