EAST COAST RAILWAY
TENDER NOTICE
No. WHS / 24 / VSKP COLONY CONTRACT / WEST / 1636 Dated: 06-08-.2009
Chief Medical Superintendent, East Coast Railway, Waltair for and on behalf of the President of
India invites tenders in sealed cover along with name / address of the tenderer, from
experienced conservancy contractors for the under mentioned work within the jurisdiction of
Chief Medical Superintendent, East Coast Railway, Waltair, for a period of TWO YEARS from
the date of Awarding the Contract. .
Name and Value of contract, cost of the tender form & Earnest money are furnished hereunder.
Name ofthe Contract for collection of 750 Cft., of garbage per day from
Work various West Sector Railway colonies of Visakhapatnam i.e.,
Gurkhaline Colony, MSM Colony, S & C Colony, DLS Colony, MPM
South & North colonies and final disposal to the nominated dumping
ground of Greater Visakhapatnam Municipal Corporation ( G.V.M.C.)
at Kapuluppada, by engaging a Mechanised carrier along with
Driver, Fuel , Labour, equipments, etc., required for the same, for a
PERIOD OF TWO YEARS.
Value of the Rs. 14,21,680 /- (Rupees Fourteen lakhs Twenty One thousand Six
work for TWO hundred and Eighty only).
Years.
Cost of the Rs. 2,000/- (Rupees TWO thousand only).
Tender Form.
Earnest Money Rs. 28,434 /- Rupees Twenty Eight thousand Four hundred and
Deposit. Thirty Four only.
1. The prescribed tender Document (non-transferable) with full particulars can be
obtained up to 11.00 Hrs. of 30-09-09 from the office of the Chief Medical
Superintendent/ East Coast Railway / Visakhapatnam, on any working day on
production of a Money Receipt for Rs.2, 000/-(Rupees TWO Thousand only) per
set (non refundable) issued by the Divisional Cashier, East Coast Railway, Waltair
towards the cost of “Tender Form”. No money orders towards cost of tender
form will be accepted.
2. The last date and time of issue of tender form Up to 11-00 hrs. of 30-09-2009
The last date and time of receipt of tenders Up to 15-00 hrs. of 30-09-2009
Date and time of opening of tenders At 15-30 hrs. of 30-09-2009
If the date of opening happens to be a Bandh or holiday the tender will be opened
at the same time on the following working day.
Contd..P.2
West Sector Contract -2009-pro.doc9
Page – 2
3. The documents will also be available in the Websites at
www.eastcoastrailway.gov.in & http://tenders.gov.in during the period from
30-08-09 to 30-09-09 and can be down loaded and used as tender documents for
submitting the offer. Separate remittance towards the cost of tender documents
of Rs.2,000/- (Rupees Two Thousand only) have to be enclosed in the form of
demand draft drawn in favour of F.A. & C.A.O, East Coast Railway, Bhubaneswar,
payable at Visakhapatnam, along with the tender, otherwise, the tender will be
summarily rejected. Railway Administration shall not be responsible for any delay /
difficulties / inaccessibility of the down loading facility for any reason whatsoever.
4. In case of any discrepancy between the tender documents down loaded from
internet and the master copy of the same available in the office of Chief Medical
Superintendent / E.Co.Raiway / Waltair, the latter shall prevail and will be binding
on the Tenderer(s). No claim on this account will be entertained.
5. A Crossed Demand Draft / Bank FDR drawn on any Nationalised / Scheduled Bank
for Rs. 28,434 /- (Rupees Twenty Eight thousand Four hundred and Thirty Four
only. ) has to be enclosed with the tender form towards EMD while submission
of Tender document, duly issued in favour of FA & CAO / East Coast Railway /
Bhubaneswar, payable at Visakhapatnam.
6. The complete Tender Document to be dropped up to 15.00 Hrs. of 30-09-2009
in a sealed tender box kept in the office of Chief Medical Superintendent, East
Coast Railway, Waltair, and opened at 15.30 Hrs. on the same day in the
presence of the tenders or their authorized representatives in the Seminar Hall
of the Divisional Railway Hospital, East Coast Railway, Visakhapatnam. No tender
will be accepted or considered if received after the aforementioned date & time.
7. The complete Tender Document can also be sent in sealed cover under Registered
Post with Acknowledgement Due / Speed post / Courier to the address of Chief
Medical Superintendent, East Coast Railway, Waltair, Visakhapatnam – 530 004
( A. P. ) So as to reach on or before the time and date mentioned above. The
Railway Administration will not be responsible for any postal delay.
8 The Tenderer is supposed to have surveyed the work (as per the work Schedule)
and assess the quantum of work personally before dropping the tender.
9. Guarantee Bonds are not accepted for EMD.
Contd..P.3
West Sector Contract -2009-pro.doc9
Page – 3
10. The Contract will be for a period of TWO YEARS from the date of issuing the
Letter of Acceptance.
11. No intimation will be sent to unsuccessful Tenderers.
12. The Railway Administration reserves all the rights to modify / cancel / discharge
a part or complete tender without assigning any reasons to Tenderers.
13. The rate quoted should be in figures and words, in case of any discrepancy in the
words and figures, the rate quoted in words will be taken into cognizance as final
rate.
14. The Tender Document contains as given below:
Tender Form including Tender instructions, Terms & Conditions, Schedule
of work, Special Conditions of the Contract and Financial Bid.
16. For any other information, the office of the Chief Medical Superintendent, East
Coast Railway, Waltair, may be contacted on any working day.
Chief Medical Superintendent,
East Coast Railway, Waltair.
Copy to Sr.DFM/WAT,Sr.DPO/WAT, Sr.DEN(Co-Ordn)/WAT, Sr.DCM/WAT,Sr.DSTE/WAT,
Sr.DOM/WAT, Sr.DSC/WAT, Dy.CE ( S & C )/WAT for information.
Copy to CMD / E.Co.Railway / BBS for kind information please.
Copy to DRM( Engg.) E.Co.Railway / WAT for information & to upload the same in the Railway
and Govt.Web-sites.
Copy to CPRO / BBS with a request to publish this Tender Notice in all leading News papers
of Telugu, Oriya, Hindi and English as per DAVP norms.
West Sector Contract -2009-pro.doc9
EAST COAST RAILWAY
NAME OF THE WORK :
Contract for collection of 750 Cft. of garbage per day from various West Sector
Railway colonies of Visakhapatnam i.e., Gurkhaline Colony, MSM Colony, S & C Colony, DLS
Colony, MPM South & North colonies and final disposal to the nominated dumping
ground of Greater Visakhapatnam Municipal Corporation ( G.V.M.C.) at Kapuluppada, by
engaging a Mechanised carrier along with Driver, Fuel , Labour, equipments, etc.,
required for the same, for a PERIOD OF TWO YEARS.
TENDER NOTICE No: WHS / 24 / VSKP COLONY CONTRACT / WEST /1636, Dt:06-08-09
APPROXIMATE TENDER VALUE FOR TWO YEARS - Rs. 14, 21,680 /-
EARNEST MONEY DEPOSIT - Rs. 28,434/-
SECURITY DEPOSIT: Rs.71,085/-
COST OF THE TENDER FORM: Rs 2000 /-
TENDER FORM SOLD TO Sri / Smt /Ms.-------------------------------------------
MONEY RECEIPT / D.D./ NO: ------------------------------------------------------
DATE ---------------------------------------------------------------------------------
Signature of Issuing Authority with Stamp
West Sector Contract -2009-pro.doc9
EAST COAST RAILWAY
TENDER NOTICE No: WHS / 24 / VSKP COLONY CONTRACT / WEST / 1636, Dt:06-08-09.
NAME OF THE WORK:
Contract for collection of 750 Cft. of garbage per day from various West Sector
Railway colonies of Visakhapatnam i.e., Gurkhaline Colony, MSM Colony, S & C Colony, DLS
Colony, MPM South & North colonies and final disposal to the nominated dumping
ground of Greater Visakhapatnam Municipal Corporation ( G.V.M.C.) at Kapuluppada, by
engaging a Mechanised carrier along with Driver, Fuel , Labour, equipments, etc.,
required for the same, for a PERIOD OF TWO YEARS.
To
The President of India,
Representing the East Coast Railway through
Chief Medical Superintendent
East Coast Railway, Waltair,
Sub: Contract for daily collection of 750 Cft.,per day of garbage from various West
Sector Railway colonies of Visakhapatnam i.e., Gurkhaline Colony, MSM Colony,
S & C Colony, DLS Colony, MPM South & North colonies and final disposal to the
nominated dumping ground of Greater Visakhapatnam Municipal Corporation
( G.V.M.C.) at Kapuluppada, by engaging a Mechanised carrier along with
Driver, Fuel , Labour, equipments, etc., required for the same, for a PERIOD
OF TWO YEARS.
Ref: Your tender Notice No. -------------------------------------------dt.----------------
Published in the Newspaper of ----------------------------------dt------------------
Dear Sir,
I/We…………………………………………………………………………………….………………………………………………….
of……………………………………………………………… do hereby tender for entering into an Agreement
with the President of India acting in the premises through the Divisional Railway
Manager(Medical), East Coast Railway, Waltair, for the subject work as detailed in
Schedule of Work in Annexure- “B” at the rate quoted/ recorded by me /us in
Annexure “D” for various West Sector Railway colonies of Visakhapatnam under East
Coast Railway Administration.
Signature (s) of tenderer (s) Divisional Railway Manager (Medical)
East Coast Railway / Waltair.
West Sector Contract -2009-pro.doc9
1. The rate quoted by me/us in Annexure “D” attached herewith is in full
satisfaction of all claims.
2. In the event of acceptance of this tender, I/We agree to observe and kept to
be bound by the “TERMS & CONDITIONS” set out in the Annexure “E” to this
tender from which is subject to such modifications as may be deemed
necessary by the Divisional Railway Manager (Medical) for and on behalf of the
President of India and agreed by me/us and I/We will be prepared to enter into
the License Agreement with or without modifications to those set out in the
Tender Schedule with all its enclosures, with the President of India acting in
the premises through the Divisional Railway Manager(Medical), within 15 days
from the date of intimation of the acceptance of my /our tender.
3. I/We agree to abide by the conditions and stipulations explicit or implied laid
down in the “INSTRUCTION TO TENDERERS” attached as Annexure “A” as well
as “SPECIAL CONDITIONS OF THE CONTRACT” attached as Annexure “C”.
4. The tender offer submitted by me/us shall remain open for a period of 120 days
from the date of submission of the tender and I/We also agree that in the
event of withdrawal of the said offer by me / us the amount deposited towards
earnest money is liable to be forfeited by the Railway administration and my /
our tender shall not be considered for acceptance.
5. This tender is submitted is INCLUDING FINANCIAL OFFER as instructed.
6. This tender is submitted on the understanding that if it is accepted, I/We shall
within 15 days from the date of intimation of acceptance of the tender by the
Railway administration:-
i) Execute the Agreement in the form prescribed, with or without
modifications to those set out in the Tender Schedule with all its
enclosures , for carrying out the work according to the South Eastern
Railway GCC and standard specifications as in Volume – II, and
ii) Take up the Conservancy work as prescribed in the Agreement.
iii) I/We ,further agree that in default of my/our taking up the work within
a period of 15(fifteen) days from the date of intimation of acceptance
of the tender by the Railway administration,/ I/We shall have no claim
on the forfeiture of the EMD deposited by me/us.
iv) Until a formal agreement is prepared and executed acceptance of this
tender shall constitute binding contract between us subject to
modifications as may be mutually agreed to between us and indicated in
the letter of acceptance of my / our offer for this work.
. Signature (s) of tenderer (s) Divisional Railway Manager (Medical)
East Coast Railway / Waltair.
West Sector Contract -2009-pro.doc9
7. A money receipt on………………………………dated……………………granted by the Divisional
Cashier, E.Co Rly, Visakhapatnam, OR / Pay Order / Demand Draft No------------
dated--------------for Rs.----------------------(Rupees-------------------------------
-------------------------------------------------------------------------only) issued by
the----------------------------------------(Scheduled/ Nationalized bank) showing
the requisite/required amount of earnest money for the tender, in favour of
the Financial Advisor & Chief Accounts Officer, East Coast Railway,
Bhubaneswar, Payable at Visakhapatnam, is attached herewith in original.
8. I/We are enclosing herewith the FINANCIAL OFFER duly filled in attached as
Annexure “D” along with original EMD receipt and necessary certificates/
document in support.
Encl: As above.
Yours faithfully,
Signature(s) of Tenderer(s) with Seal.
Name(s) of Tenderer(s):-____________________________________________
(In Block Letters)
Address: Office: - ___________________________________________
___________________________________________
Residence: - ___________________________________________
___________________________________________
Place: ________________
Date: ________________
Signature (s) of tenderer (s) Divisional Railway Manager (Medical)
East Coast Railway / Waltair.
West Sector Contract -2009-pro.doc9
ANNEXURE “A”
INSTRUCTIONS TO TENDERERS IN CONNECTION WITH THE COLLECTION
AND DISPOSAL OF GARBAGE BY MECHANISED CARRIER FROM WEST SECTOR
RAILWAY COLONIES OF VISAKHAPATNAM.
DEFINITIONS:-
Throughout this tender document the following definitions shall apply.
i) The “Railway Administration” means Indian Railways, East Coast Railway acting
through DRM (Medical), Waltair on behalf of the President of India.
ii) The “Inspecting Officer” / Inspector mean the official, firm or department
nominated by the “Railway Administration” to inspect the work on his behalf and
the deputies of the inspecting officer so nominated.
iii) The “Contractor” means the person, firm or company on whom the order for the
execution of the work is placed and shall be deemed to include the contractors’
successors (approved by the “Railway Administration”) representatives, heirs,
executors and administrators as the case may be unless excluded by the terms of
the contract.
iv) “Contract” means and including the notice inviting tenders, instructions to the
Tenderers, technical specifications and drawings, general conditions of contract,
acceptance of tender, special conditions of contract, particulars and others
specified or acted upon by the contractor and a formal agreement if executed.
v) “Equipment” means the material / part / component proposed to be used during
the contract (the required materials will not be provided by the “Railway
Administration”) according to the specifications of the schedules of work items
of the Tender Document. It shall also include spare parts for the purpose, which
will not be provided by the “Railway Administration”.
INSTRUCTIONS: -
Tender in the prescribed form addressed to the President of India, acting through the
Chief Medical Superintendent, E. Co. Railway, Waltair, should be submitted along
with name and address of the tenderer in a sealed cover super scribed :-
“Contract for collection of 750 Cft. of garbage per day from various West
Sector Railway colonies of Visakhapatnam i.e., Gurkhaline Colony, MSM Colony,
S & C Colony, DLS Colony, MPM South & North colonies and final disposal to the
nominated dumping ground of Greater Visakhapatnam Municipal Corporation
( G.V.M.C.) at Kapuluppada, by engaging a Mechanised carrier along with
Driver, Fuel , Labour, equipments, etc., required for the same, for a PERIOD
OF TWO YEARS ”.
Signature (s) of tenderer (s) Divisional Railway Manager (Medical)
East Coast Railway / Waltair.
West Sector Contract -2009-pro.doc9
1. All offers in the prescribed form should be submitted in a sealed cover.
2. All offers shall be submitted before the time and date fixed for the, Receipt of the
offers, as set forth in the tender papers. Offers Received after the stipulated time
and date shall be rejected.
3. Sealed covers containing the tender delivered by hand should be put into the tender
box kept in the office of the Chief Medical Superintendent, E. Co. Railway, Waltair
with a superscription as mentioned in the instructions above. The sealed Tender cover
should contain the Tender Notice Number, name of the work, and the name and
address of the tenderer.
4. Tender Box will be sealed at 15.00 Hrs. and opened at 15.30 Hrs. on 30-09-2009 (Last
date) in the Seminar Hall of the Divisional Railway Hospital, East Coast Railway,
Waltair, in presence of the Tenderers or their authorized representative.
5. The Tenderer should provide satisfactory evidence acceptable in the Railway
Administration to show that:
i) He is a reputed firm / contractor who undertakes the work similar to this tender
and has adequate technical knowledge and experience.
ii) He can provide the mechanized carrier, as specified in the schedule of work.
6. A satisfactory work completion certificate along with a performance statement giving
a list of similar works in Government, Semi Government, And Industrial Organization,
including nature of the works, executed in the recent past, giving details of customer
names, addresses, order no (s) and dates and also Labour License, etc., allotted to
them. Tenderers not submitting the requisite information may note that their offers
are liable to be ignored.
7. Tender papers are not transferable.
8. Time Schedule.
The basic consideration and essence of the contract shall be the strict adherence to
the time schedule, for the completion of the work, as prescribed in the special
conditions of the contract.
9. METHOD OF TENDERING.
The tender will contain the following information.
i) Experience and details of past performance for similar works, if any.
ii) Availability of Mechanized Carrier, if any and
iii) Earnest Money Deposit.
Signature (s) of tenderer (s) Divisional Railway Manager (Medical)
East Coast Railway / Waltair.
West Sector Contract -2009-pro.doc9
The Financial Bid will contain the following information:
Name / Description of work, Approximate annual quantity, Departmental
Estimated Rate & Rate offered by the Tenderer(s)
N O T E :-
i) The tender documents in original containing the Tender Form including Tender
instructions, Terms & Conditions, Schedule of work, Special Conditions of the
Contract and Financial Bid should be sealed in the envelope. However, the
Tenderers if they desire to stipulate any special conditions or special rates
not included in the tender schedule or wish to furnish any information which
they feel necessary, they may furnish the same on separate paper and
enclose the same to the tender documents placing on top for consideration.
ii) The tenderer are required to drop the envelop containing the above
documents in the tender box before the scheduled time and date mentioned in
the Tender.
iii) The envelope will be opened at the time and date mentioned in clause 3 above
10. The tender document shall be accompanied by a sum of Rs. 28,434/-/-(Rupees
Twenty Eight thousand Four hundred and Thirty Four only) as Earnest Money in
the form of FDR / Bank draft drawn in favour of FA & CAO / East Coast Railway
/ Bhubaneswar, payable at Visakhapatnam or Cash receipt for the cash deposited
with the Divisional Cashier, East Coast Railway, Visakhapatnam, failing which the
tender will summarily be rejected. No interest shall be allowed on the earnest
money deposit. The earnest money deposited by the successful Tenderers will be
retained as a part of the security amount for the due fulfillment of the contract
but shall be forfeited, if the contractor fails to deposit the balance of the
security amount and / or execute the agreement or start the work within the
prescribed time limit after notification of the acceptance of his / their tender.
11. The earnest money of unsuccessful Tenderers will be refunded after finalization
of the tender or after six months from the date of the tender whichever is
earlier.
12. In the event of the tender being submitted by the partnership firm / private
limited company, it must be signed by all partner(s) / Director as, the case may
be and in the absence of the partner (s) / Director, it must be signed on his /
their behalf by a person holding a valid power of attorney authorizing him to do
so. A copy of partnership deed or a registration certificate of a private – limited
company and / or power of attorney is submitted along with the tender. Tender
not accompanied by such documents will not be considered and is liable to be
rejected.
13. Acceptance or non-acceptance of any tender shall rest with the Divisional Railway
Manager, E.Co.Raiway, Waltair for and on behalf of the President of India at his
discretion and he shall not be bound to accept the lowest or any other offer and
shall have full authority and discretion to divide or reduce or increase the volume
of work or to accept the tender partly and he shall not be bound to assign any
reason what-so-ever for any of his actions.
14. The tender forms are not transferable.
West Sector Contract -2009-pro.doc9
15. The Tenderer shall hold the offer open for a period of 120 (One Hundred and
Twenty) days from the date of opening of the tender and the tenderer(s) shall
not withdraw his / their offer within this period. In the event of such
withdrawal, his / their earnest money shall be forfeited by the Railway
Administration.
16. If a tenderer expires after the submission of the tender or after the acceptance
of his tender, the Railway should deem such tender of contract as cancelled. If a
partner of a firm expires after the submission of that tender or after
acceptance of these tenders, the Railway should deem such tender or contract as
cancelled unless the firm retains its original character.
17. Non-compliance with any of the conditions given herein above is liable to result in
the tender being rejected.
18. SCHEDULE OF WORK: Schedule of work is given in the enclosure attached
herewith in Annexure “B”.
19. The Contractor shall indemnify the Railway Administration and shall make good
any losses to the Railway Premises / Buildings during their conservancy work.
20. The Licensee (s) shall not under any circumstances whatsoever, appoint Minor /
Child Labour which is offensive under such laws.
21. The contractor must supply all necessary records as may be required by the
inspecting officials.
22. The Tenderers are further requested to affix his / their signatures on each page
of the Tender documents / Annexures / Terms And Conditions / Instructions to
Tenderers / Special Conditions, etc. as a token of his / their acceptance and also
for the purpose of authentication.
23. PAYMENT TERMS:
The standard payment terms subject to recoveries of any amount under the
liquidated damages clause of contract will be as under.
a) The contractor shall submit their monthly bills containing, each item vide
schedule of work duly certified by the Railway Administration or their
representative (i.e., CHI / Health Inspector, and countersigned by the
Sr.D.M.O. / H & FW / WAT) and finally forwarded to the Chief Medical
Superintendent, E.Co.Raiway, Waltair, for the purpose of settlement and
payments.
b) The first monthly payment, shall be released only after the contractor has
fulfilled his responsibility of submitting necessary documents and maintaining
records in compliance with labour laws, rules and regulations and as required
by Railway Administration.
c) The payment will be made to the firm / contractor, on completion of
satisfactory work, Bills in four copies accompanied with Challan, inspection
certificate should be submitted to the Office of the Chief Medical
Superintendent, for arranging payment through Accounts Department.
Signature (s) of tenderer (s) Divisional Railway Manager (Medical)
East Coast Railway / Waltair.
West Sector Contract -2009-pro.doc9
24. DEDUCTIONS :
a) Payments, as in clause 23 above, shall be subject to deductions of any
amount for which the contractor is liable under the contract against this
tender or any other contract in respect of which the President of India is
the contracting authority.
b) Taxes shall be deducted at source as per laws & rules in force.
25. PENALTY:
The Railway Administration reserves the rights for imposing penalty on the
contractor if garbage removal is not up to the mark and the penalties will be
deduced from the payment of bills,. If the contractor is not taking up the work
as per the schedule of work and complaints received from the colony residents,
the contract will be terminated.
26. THE PROCEDURE FOR OBTAINNG PERFORMANCE GUARANTEE IS OUTLINED
BELOW : -
(a) The successful bidder may give Performance Guarantee amounting to 5% of the
Contract value in any of the following forms:-
i) A deposit of cash.
ii) Irrevocable Bank Guarantee.
iii) Government Securities including State Loan Bonds at 5% below the market
value.
iv) Deposit receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These
forms of Performance Guarantee could be either of the State Bank of India or
of any of the Nationalized Banks.
v) Guarantee Bonds executed or Deposit Receipts tendered by all Scheduled Banks.
vi) A deposit in the Post Office Savings Bank.
vii) A deposit in the National Savings Certificates.
viii) 12 Years National Defence Certificates.
ix) 10 Years Defence Deposits.
x) National Defence Bonds, and
xi) Unit Trust Certificates at 5% below market value or at the face value. Which
ever is less.
xii) Also FDR in favor of FA & CAO / C, (free from any encumbrance) may be
accepted.
(b) A Performance Guarantee shall be submitted by the successful bidder after the
Letter of acceptance has been issued, but before signing of the agreement. The
agreement should normally be signed within 15 days after the issue of LOA and the
Performance Guarantee shall also be submitted within this time limit. This Guarantee
shall be initially valid up to the stipulated date of completion plus 60 days beyond
that. In case, the time for completion of work gets extended, the Contractor shall
getup the validity of Performance Guarantee extended to cover such extended time
for completion of work plus 60 days.
Signature (s) of tenderer (s) Divisional Railway Manager (Medical)
East Coast Railway / Waltair.
West Sector Contract -2009-pro.doc9
(c ) The Performance Guarantee (PG) shall be released after the physical completion of
the work based on the ‘Completion Certificate’ issued by the Competent Authority
stating that the Contractor has completed the work in all respects satisfactorily.
The Competent Authority shall normally be the authority who is competent to sign
the Contract. If this Competent Authority is of the rank lower than JA Grade,
then a JA Grade Officer (concerned with the work), issues the Certificate. The
Certificate inter alia, should mention that the work has been completed in all
respects and that all the Contractual obligations have been fulfilled by the
Contractors and that there is no due from the Contractor to Railways against the
contract concerned. Before releasing the Performance Guarantee an unconditional
and unequivocal No Claim Certificate from the Contractor concerned should be
obtained.
(d) Wherever the contract is rescinded, the security deposit shall be forfeited and the
Performance Guarantee shall be encashed and the balance work shall be got done
independently without risk and cost of the failed Contractor. The failed Contractor
shall be debarred from participating in the tender for executing the balance work.
If the failed Contractor is a J.V. or a Partnership firm, then every member /
partner of such a firm shall be debarred from participating in the tender for the
balance work either in his / her individual capacity or as a partner of any other J.V.
/ Partnership Firm.
(e) The Railway shall not make a claim under the Performance Guarantee except for
amounts to which the President of India is entitled under this Contract ( not with
standing and / or without prejudice to any other provisions in the contract
agreement ) in the event of :
1) Failure by the Contractor to extend the validity of the Performance Guarantee
as described herein above, in which event the Engineer may claim the full
amount of the Performance Guarantee.
2) Failure by the Contractor to pay President of India any amount due, either as
agreed by the Contractor or determined under any of the clauses / conditions
of the agreement, within 30 days of the service of notice to this effect by the
Railway.
3) The Contract being determined or rescinded under provisions of the G.C.C. the
Performance Guarantee shall be forfeited in full and shall be absolutely at the
disposal of the President of India.
Signature(s) of the Tenderer(s) (Seal if any)
Name of the Tenderer(s) & Full Address
(In Block letters.)
Signatures of Witnesses with address:
1.
2.
Signature (s) of tenderer (s) Divisional Railway Manager (Medical)
East Coast Railway / Waltair.
West Sector Contract -2009-pro.doc9
ANNEXURE “B”
SCHEDULE OF WORK FOR WEST SECTOR RAILWAY COLONIES OF
VISAKHAPATNAM
1. WORK SCHEDULE :-Collection of 750 Cft., of garbage per day from various
West Sector Railway colonies of Visakhapatnam i.e., Gurkhaline Colony, MSM
Colony, S & C Colony, DLS Colony, MPM South & North colonies and final
disposal to the nominated dumping ground of Greater Visakhapatnam Municipal
Corporation ( G.V.M.C.) at Kapuluppada, by engaging a Mechanised carrier along
with Driver, Fuel , Labour, equipments, etc., required for the same, for a
PERIOD OF TWO YEARS through open tender.
2. Quantity: - Average accumulation of garbage /refuse each day and disposal
there of will be 750 Cft approximately.
3. Period of Contract: - TWO YEARS from the date of issue of Acceptance Letter.
4. Approximate value of the Contract is - Rs. 14,21,680 /-
5. Transportation of Refuse / Garbage for final disposal to the nominated dumping
area of GVMC, at Kapuluppada during the day time, as per the directions given
by the concerned authorities. Necessary certificates from the GVMC
authorities should be submitted on daily basis to the CHI / Waltair regarding
dumping of the garbage.
6. The Mechanised Carrier along with Driver, Labour, Fuel, tools & tackles,
equipments and consumables etc., required for the contractual work will be
supplied by the contractor.
7. The Mechanised Carrier should report daily at the office of the CHI, Waltair,
at 06-00 Hrs. and perform the work between 06-00 Hrs. to 17-00 Hrs.,
8. The work will be carried out on a daily basis to a fixed Programme approved by
the Railway. The method and system of carrying out the works will be prescribed
the official in charge of the work or his representative.
9. The Conservancy contractual work shall be carried out in the frequency
preferably without affecting the movement of colony residents and vehicles.
10. Chief Health Inspector or his nominated representative of the Railways shall be
responsible for daily inspection and supervision of this contract and for
certifying the quantum and quality of work done by recording the same in the log
book / measurement book for purposes of payment of the Contractors bills.
West Sector Contract -2009-pro.doc9
11. Garbage / Refuse along with debris, muck should be removed and disposed every
day. Anti-fly & Anti-Larval measures should invariably be undertaken in and
around the dust bins and other places of garbage heaps after disposal of
the garbage.
12. The quantities entered into” QUANTITY” column of the Schedule of Work are
only approximate and the President of India acting through DRM ( Medical ),
Waltair, does not bind himself to give into the whole or any of the quantity
or enumerated in the schedule nor does not guarantee that the
quantities will be evenly distributed through out the period or any part
thereof. The understanding being that such quantities that actually
required will only be executed and the actual requirement during the period or
any part thereof be in excess of the approximate estimate indented in the
quantity column of the schedule, the Contractor shall be bound to execute in the
same on the same terms and conditions as detailed herein as well as in the
Agreement form. Variation limit up to 10% on either side of the quantities will
be applied.
Signature (s) of tenderer (s) Divisional Railway Manager (Medical)
East Coast Railway / Waltair
West Sector Contract -2009-pro.doc9
ANNEXURE “C”
SPECIAL CONDITIONS OF THE CONTRACT
1) Successful Tenderers shall be allowed to operate the contract, and no subletting would
be permitted without the permission of Railways.
2) Successful Tenderers will have to abide by the labour laws in force and shall have to pay
minimum wages as declared from time to time by State Government. Any claims in this
regard whatsoever will have to be borne by the successful tenderer only. Such labour
engaged is the liability of the contractor and Railway bears no liability, whatsoever on
such engagement.
3) All labour must be provided with distinct uniforms as approved by the Railways at the
contractor‘s own cost.
4) All labour is to be supplied soap daily for washing at the cost of contractors.
5) Name badges, duly authenticated by the CHI / WAT have to be prominently displayed
by the labour. Cost of such incurrence would be borne by the contractor and no extra
cost would be paid by the Railway.
6) During the course of execution of contract, meeting would be called at periodic
intervals , to review the performance and to take corrective action to avoid recurrence
of complaints from the colony residents . Additional meeting may also be held in case of
any emergency. The contractor should make him self available for the meetings.
7) Contractor has to keep their tools and plants and machineries in their own custody.
Theft or any unusual occurrence will be the full responsibility of the contractor.
8) After duly certified by the nominated Railway Official, Contractor shall submit the bill
for the work executed by him once in a month duly countersigned by Sr.DMO(H&FW) –
WAT to the Chief Medical Superintendent, E. Co. Railway, Waltair, for the purposes of
payment of his bills.
9) WORK EVALUATION:-
The effectiveness of the contractual work for proper collection and disposal of garbage
in terms of quantity as well as quality will be evaluated and the same will be recorded
daily in the log book / measurement book by the Railway Administration through his
authorized representative i.e., Health Inspector / Chief Health Inspector. These
entries in the log book / measurement book should also be signed daily by the
Contractor or his authorized representative.
The Contractor should strictly adhere to the Clauses of the schedule of work.
PENALTY CLAUSE:-
The contractor should ensure that the overall daily performance should be
SATISFACTORY so as to entitle him for 100% payment for the day.
If the evaluation is found to be UNSATISFACTORY in terms of quantity and quality,
then a penalty as specified below shall be imposed and recovered from the monthly bills.
Signature (s) of tenderer (s) Divisional Railway Manager (Medical)
East Coast Railway / Waltair
West Sector Contract -2009-pro.doc9
i) Failure to undertake the work on any day, the Contractor will not be entitled
to claim the bill on that particular day and also a penalty of Rs.1000/- per
day will be levied for non execution of work, in addition to recovery of the
difference in the actual expenditure incurred by the Railway Administration
to undertake the work on the same day for maintaining the colony cleanliness.
This will be certified by the Supervisor In-Charge at the work spot, duly
entering the same in the log / measurement book and countersigned by the
Official In charge.
ii) If the Contractor fails to lift and dispose the daily quantity of 750 Cft., of
garbage or part thereof, then a penalty of Rs. 500/- will be levied for partial
execution of the work, in addition to recovery of the difference in the
actual expenditure incurred by the Railway Administration to undertake the
remaining quantity of work on the same day for maintaining optimum standard
of colony cleanliness. This will be certified by the Supervisor In charge at
the work spot, duly entering the same in the log / measurement book and
countersigned by the Official In charge. As such, the Contractor will be
entitled to claim for the actual quantity of garbage collected and disposed on
that day.
iii) Wherever dust bins are provided for the users in the colony, there should
not be any spillage of garbage in and around the dust bins while carrying out
loading into the mechanical carrier. As such for any spillage around the dust
bins or on the colony roads a penalty of Rs.200/- will be levied which will be
decided by the Inspecting Railway Official or Sr.DMO (H & FW) – Waltair or
any other authorized representative of the Railways.
iv) Deficiency in standard of cleaning materials, tools and equipments, etc., the
contractor will be liable for a minimum penalty of Rs.200/- per day as will be
decided by the Inspecting Railway Official.
v) Railway Officials of different ranks will be inspecting the quality of work
from time to time. Incase of Adverse remarks of any inspecting official or
public complaints received on deficiency of service (Registered in the
available complaint book in the Office of the CHI / WAT) the contractor will
be liable for a penalty of Rs.200 to Rs. 500/- or the compensation awarded
to complainant in any court of law or in consumer court or both.
vi) The above penalties will be recorded daily in the log book / measurement
book by the Railway Administration through his authorized representative
i.e., Health Inspector / Chief Health Inspector. These entries in the log book
/ measurement book should also be signed daily by the Contractor or his
authorized representative.
No penalty shall be applicable during extraordinary circumstances i.e., political
mob, disaster & Bandh.
The Railway Administration will terminate the contract if the work executed by
the contractor is consecutively unsatisfactory for 15 days, at the risk and cost
of the contractor.
Signature (s) of tenderer (s) Divisional Railway Manager (Medical)
East Coast Railway / Waltair
West Sector Contract -2009-pro.doc9
10) TERMINATION OF CONTRACT :- ( As per Clause- 62 of GCC )
If there is non-performance / bad workmanship / Un – satisfactory work,
contractor would be served with 7 days notice to make good. On expiry of 7 days
notice, if contractor fails to make good or the performance dose not improve,
then railways have the, liberty to issue 48 hours notice of termination, on expiry
of 48 hours notice period, contract would be terminated by issuing a letter and
on such termination, contractor’s entire security deposit available with Railways
plus any dues arising from the works executed by the contractor will be
forfeited.
11) Contractor has to submit a ‘no claims certificate’ every month.
12) In case of any dispute or claim, contractor will have the liberty to approach
Railway Administration for arbitration on this claim / dispute. Railways also can
lodge / raise their own claim / dispute.
13) Arbitrator will be appointed by General Manager, E.Co.Raiway, within one month
from the date of receipt of such a claim / dispute. Decision of Arbitrator is
binding on both the Railways as well as to the contractor. Arbitration would be
dealt in accordance with Arbitration and Conciliation Act, 1996, or what is in
force during the period of contract.
14) In case of increase of quantity of work during the Special Occasion / Festivals,
Rallies, Visit of VVIPs, other natural calamities, etc. , extra payment will be
made as per the actuals after certification from the respective HI / CHI or
any other nominated Railway Official duly countersigned by Sr.DMO (H&FW).
15) Apart from routine cleaning and maintenance work detailed in scope of work,
some occasional work like removal of animal dead bodies / carcass, etc. from
within the Railway colony premises to the nominated areas, will also have to be
done.
16) During inspections, on receipt of complaints about non-execution of the quantity
of work, the areas identified have to be attended at once for which no extra
payments would be made by the Railways.
17) Contractor shall not in any capacity employ any person of bad character or any
person whose antecedents have not been investigated by the police and shall
issue an appointment certificate, which shall contain a photograph of the
employee specifying the employee’s name, fathers name, address and the place
at which employed, with / his her left / right hand thumb impression affixed
thereon in printers ink which he will carry with him / her while on duty. The
expenses for such verification as is necessary shall be borne by the contractor.
18) Contractors should comply with all the obligations ( have general insurance
policy or ESI for their labour engaged for this work), as per the extent labour
laws / rules, in respect of labour engaged for this work.
19) The contractor shall be responsible for availability, serviceability and
maintenance, of the mechanized carrier. This mechanized carrier should be
dedicated to this contract and cannot be taken out for any other job.
Signature (s) of tenderer (s) Divisional Railway Manager (Medical)
East Coast Railway / Waltair
West Sector Contract -2009-pro.doc9
20) Railway authorities or its nominated representative will supervise the work on
daily basis and a record will be maintained for the work completed. The
contractor will be penalized for the quantity of work not done or if the quality
of work is of sub-standard specifications.
21) No escalation of rates for any reason what so ever will be accepted during the
currency of the contract.
22) The Contractor has to register initially with the Greater Visakhapatnam
Municipal Corporation (GVMC) for the above work, for the purpose of dumping
garbage at nominated dumping grounds of GVMC.
23) The garbage shall be free from flies and other insects such as mosquitoes, etc..
The garbage from such ships with deratification certificates only allowed for
disposal.
24) The garbage meant for transport shall be provided with closed doors and tight
lids over top to avoid exposure and spill, etc.,
25) The vehicle that visit the dumping yard shall be subjected to inspection by the
official / officer kept in charge of dumping yard to accord approval of
emptying.
26) Any Hazardous material in the garbage shall not be transported for disposal to
the dumping yard except with proper treatment to render it from infection.
27). Greater Visakhapatnam Municipal corporation reserves the rights to revoke or
suspend
or cancel the permission, So granted even earlier or any conditions imposed by
Visakhapatnam Port Trust and customs department shall be strictly followed by
the Contractor.
28) For each load Rs.100/- per ton challan to be produced to the GVMC official at
Kapuluppada site and subsequently the same to be submitted to the CHI /
Waltair, along with the Certificate issued by the GVMC authority regarding
garbage disposal for the day .
29) Hire charges and running expenses for machineries and plants if supplied by the
Railways shall be borne by the contractor and the same shall be deducted from
his / their dues. The hire charges recoverable are embodied in special
conditions clauses of Vol.II /. S.E.Railway / Schedule of labour and material
rates 1994.
30) A certificate should invariably be attached along with the tender papers that
the tenderer (s) has / have purchased / downloaded schedule of labour and
materials rates part – I Vol.I of 1992 and Part – II, III & IV of general;
conditions of contract of standard specifications Vol. II printed in 2001 with up
to date corrections slips attached thereto of S.E. Railway and gone through all
the conditions of contract and rates and specifications, etc., embodied therein.
Signature (s) of tenderer (s) Divisional Railway Manager (Medical),
East Coast Railway / Waltair.
West Sector Contract -2009-pro.doc9
ANNEXURE – ‘ D’
FINANCIAL BID
Sl.No. Description of work Approximate Departmental Rate quoted by the
Quantity Estimated tenderer (Uniform
Rate % rate in figures
and words to be
quoted.)
1 Contract for collection 5,47,500 CFT Rs.02.59 per
of 750 Cft. of garbage CFT _______________
per day from various
West Sector Railway _______________
colonies of Visakhapatnam
i.e., Gurkhaline Colony, _______________
MSM Colony, S & C (in words) % per
Colony, DLS Colony, CFT
MPM South & North Above / Below / at
colonies and final disposal par with the
to the nominated dumping departmental
ground of Greater estimated rate for
Visakhapatnam Municipal a period of Two (2)
Corporation ( G.V.M.C.) at years.
Kapuluppada, by engaging
a Mechanised carrier
along with Driver, Fuel ,
Labour, equipments, etc.,
required for the same
for a PERIOD OF
TWO YEARS.
Note: The rate is inclusive of garbage dumping charges payable to GVMC.
NOTE: - Any overwriting / correction has to be attested / countersigned by the
tenderer (s). The rate quoted in words shall be considered as final rate in case of any
ambiguity. The rate is inclusive of all charges and all other taxes leviable to the
government, including CST, works contract tax, VAT, Service Tax, Entry Tax, Income
Tax, etc.
Signature(s) of the Tenderer (s)
Name of the Tenderer & Full Address (In Block letters.)
Place: _____________
Date: _____________
Name & Signature of the Witnesses with address:
1.
2.
Divisional Railway Manager (Medical)
East Coast Railway / Waltair.
West Sector Contract -2009-pro.doc9
ANNEXURE “E”
TERMS & CONDITIONS OF THE CONTRACT
1. ABOUT THE CONTRACT:-
The contractor should note the following as regards to the execution of the contract
i) The contractor shall do the work as per the Description given in the “Schedule of
Work, “.
ii) The contractor shall supply mechanized Carrier strictly as detailed in the schedule of
work for collection and disposal of garbage.
iii) The contractor shall supply all consumables required for running of the mechanized
Carrier.
iv) The contractor shall provide regular maintenance of the mechanized carrier to be
Utilized for this contract and ensure 100% availability of the same in all the days. If
required, stand by mechanized carrier should be available for uninterrupted service.
v) The supervision of the cleaning will be in co-ordination with the Railways
administration under the instructions of Sr.DMO (Health & F.W. ) or his nominated
representatives. The Chief Health Inspector or his nominated representative of
these colonies shall be responsible for daily inspection and supervision of this
contractual work and for certifying the quantum and quality of work done by
recording the same in the log book / measurement book for the purposes of payment
of the contractor’s bills.
vi) The use of mechanized carrier and the work should be carried out in such a manner
that it will not affect the movement of the colony residents / vehicles.
vii) The contractor shall arrange all equipment, Tools & Plants, Consumables, etc., at his
own cost for operating the mechanized carrier to undertake the above schedule of
work. Materials required for the execution of the work will have to be carried at the
public rates and no Concessional Rate of Railway Freight is applicable.
viii) The contractor shall be responsible for maintenance of equipment / machineries
supplied by him. Railway Administration is not liable to pay any extra charge for this
purpose.
ix) Payment for contractor is detailed in S.No.6.
2. SCOPE OF WORK:
The Contractor shall undertake the work for collection of 750 Cft., of garbage per day from
various West Sector Railway colonies of Visakhapatnam, i.e., Gurkhaline Colony, MSM Colony, S
& C Colony, DLS Colony, MPM South & North colonies and final disposal to the nominated
dumping ground of Greater Visakhapatnam Municipal Corporation ( G.V.M.C.) at Kapuluppada, by
engaging a Mechanised carrier along with Driver, Fuel , Labour, equipments, etc., required
for the same, for a PERIOD OF TWO YEARS, within the sub-systems of the Railway Colony,
Visakhapatnam.
The Contractor shall provide the technical services for daily collection & disposal of garbage
from the West Sector Railway colonies of Visakhapatnam. The scope of services will be as
specified in the work schedule. The scope of work as mentioned is only indicative and not
exhaustive in any respect.
Signature (s) of tenderer (s) Divisional Railway Manager (Medical)
East Coast Railway / Waltair.
West Sector Contract -2009-pro.doc9
3. WORK SCHEDULE: The Conservancy contractual work shall be carried out in the
frequency preferably without affecting the movement of colony residents and vehicles . The
work shall also be done on a daily basis. Chief Health Inspector or his nominated representative
of the Railways shall be responsible for daily inspection and supervision of this contract and for
certifying the quantum and quality of work done by recording the same in the log book /
measurement book for purposes of payment of the Contractors bills.
4. VALIDITY: This contract shall be valid for a period of ONE YEAR with effect from Date
of issuing the Letter of Acceptance and renewal thereafter at the option of the Administration
for a period or periods as decided by the successor, Railway Administration under the same
terms and conditions of the contract.
5. RATE: The rates quoted are inclusive of the following.
a) Cost of Hiring of the mechanized carrier and cost of its operation.
b) Cost of all auxiliary and ancillary equipments, consumables for the mechanized carrier
and all operations for completing the job.
c) Cost of all maintenance of the mechanized carrier.
d) Cost of consumables required for conservancy work i.e., labour, tools, tackles and
Supervision.
e) Cost of Collection of garbage including all solid waste, muck & debris etc., and finally
transportation & dumping of these garbage / waste materials / at the nominated places
in the municipal area of GVMC at Kapuluppada .
f) All taxes and levies etc. such as sales tax, excise duty / CST, works contract tax,
income tax and VAT, etc. as applicable, as well as insurance, including third party
liability, Service tax will also be borne by the contactor.
6. PAYMENT:
a) Payment shall be made on a monthly basis to the firm / contractor, on completion of
satisfactory work. At the end of each month, the contractor shall submit their monthly
bills containing, the item vide schedule of work duly certified by the Railway
Administration or their representative i.e., Respective Colony Health Inspector,
Chief Health Inspector, Waltair, duly countersigned and finally forwarded by the
Sr.DMO / Health & Family Welfare / Waltair, to the Chief Medical Superintendent,
E.Co.Railway, Waltair for the purpose of settlement and payments.
b) These bills in four copies accompanied with Challan, inspection certificate should be
submitted within 10 days of the completion of the month to which it pertains, to the
Office of the Chief Medical Superintendent, for arranging payment through Accounts
Department.
c) Taxes shall be deducted at source as per laws & rules in force.
d) The first months payment under this agreement will be released only after the
contractor has fulfilled the responsibility of submitting the Performance Guarantee
and all other necessary documents etc. such as security deposit / ITCC and
certification of satisfactory performance received from the respective Colony Health
Inspectors and Chief Health Inspector / Waltair, and maintaining records in
compliance with labour laws, rules and regulations and as required by Railway
Administration from time to time.
Signature (s) of tenderer (s) Divisional Railway Manager (Medical)
East Coast Railway / Waltair.
West Sector Contract -2009-pro.doc9
7. DOCUMENTATION:
The contractor or his Principals are required to submit the following documents to the
Medical Department before commencement of the job.
a) Copies of documents showing the legal status of the firm, along with names and
addresses.
b) A declaration that the Contractor is an independent employer and all persons employed
or engaged by them are at their own cost and expense for carrying out the agreed
work under this contract, and shall be their employees, and not that of the Railway.
8. OTHER STIPULATIONS:
a) The contractor shall personally and exclusively supervise or deploy sufficient
Supervisors to exclusively supervise the work so as to ensure that the services rendered under
guidelines and to the satisfaction of the Railways.
b) Any dispute or difference arising out of the agreement shall be referred to Arbitrator,
the proceedings of which will be conducted in accordance with the Arbitration and Conciliation
Act, 1996, and amendments.
c) Any dispute and / or difference of opinion arising out of the day-to-day work concerning
this contract shall be referred to the Sr.D.M.O.(H & FW ) – Waltair, whose decision shall be
final and binding on the Contractor.
d) All disputes arising out of this contract shall be subject to courts of VSKP jurisdiction
only.
e) The above conditions shall be read in condition with the Special Conditions of the
Contract. The above terms will however, override any similar clauses mentioned anywhere in the
conditions of Contract.
9. EXECUTION:
a) The whole contract is to be executed in the most approved, substantial and workman like
manner to the entire satisfaction of the Railways Administration or its nominee, who, both
personally and by his deputies, shall be free to inspect the work at such times as he may deem
fit, and on any question of the true intent and meaning of the specification, shall be final and
conclusive.
b) A confirmation has to be given in writing by the contractor accepting that all the
material supplied / to be used are guaranteed for satisfactory performance for the entire
contractual period from the date of commencement of the contract.
c) If the Contractor deliberately gives wrong information in his tender, the Railways
Administration reserves the right to reject such tender and in the case of the successful
tenderer to cancel the contract at any stage.
Signature (s) of tenderer (s) Divisional Railway Manager (Medical)
East Coast Railway / Waltair.
West Sector Contract -2009-pro.doc9
10. SECURITY:
Unless otherwise specified in the special conditions, if any, the Security Deposit / rate of
recovery / mode of recovery shall be as under: -
a) Security Deposit for this contractual 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 Deposit will be recovered from the running bills of the contract and unless
otherwise specified in the Special Conditions, if any, the Security Deposit / Rate of
Recovery / Mode of Recovery shall be as under:-
i) Security Deposit for each work should be 5% of the Contract value.
ii) Rate of Recovery should be at the rate of 10% of the bill amount till the full
Security Deposit is recovered.
iii) Security Deposit will be recovered only from the running bills of the contract
and no other mode of collecting Security Deposit such as Security deposit in
the form of instruments like Bank Guaranty, Fixed Deposit, etc., shall be
accepted towards Security .Deposit.
iv) The Security Deposit however, shall be released only after expiry of the
maintaining period and after passing the final bill passed on - “NO CLAIM
CERTIFICATE”
d) Security Deposit shall be returned to the contractor after the physical completion of
the work as certified by the Competent Authority. The Competent Authority shall
normally be the authority who is competent to sign the contract. If this competent
authority is of the rank lower than JA Grade officer (Concerned with the work) should
issue the certificate. The certificate inter alia, should mention that the work has been
completed in all respect and that all the contractual obligations have been fulfilled by
the contractor and that there is no due from the contractor to railways against the
contract concerned. Before releasing the Security Deposit an unconditional and
unequivocal, no claim certificate form the contractor concerned should be obtained.
Signature (s) of tenderer (s) Divisional Railway Manager (Medical)
East Coast Railway / Waltair.
West Sector Contract -2009-pro.doc9
11. RESPONSIBILITY OF THE CONTRACTOR FOR EXECUTING CONTRACT:
RISK OF THE EQUIPMENT:
The contractor shall perform the contract in all respects in accordance with the terms
and conditions of the agreement. The equipment and every constituent part thereof, whether in
the possession or. Control of the contractor, his agents or servants, or in the joint possession of
the contractor, his agents or servant and the Railway Administration shall remain in every
respect at the risk of the contractor. The contractor shall be responsible for all losses,
destruction, damage or deterioration of or to the equipment from any cause whatsoever.Any
damage to the Railway equipment / property caused on account of negligence of contractor or
his representative shall be recoverable fully from his bill and decision of the Railway
Administration in this regard shall be final and binding with the contractor.
12. LIABILITY UNDER WORKMEN’S COMPENSATION ACT OR OTHERWISE. :
The contractor shall at all times indemnify the Railways Administration against all
claims, which may be made under the Labour laws including Workmen’s Compensation
Act 1923 for any statutory modification there of or rules made there under or
otherwise for or in respect of any damages or compensation payable in consequence of
any accident or injury sustained by any workmen, labourers or any persons in the
employment of the contractor and engaged in the performance of the business relating
to this contract, except Railway employees. The contractor at all times shall also take
all risk of accident or injury which may be the cause of failure or the performance of
the said business arising out of such accidents to such workmen, laborers or servants
except Railway staff and against all costs and expenses incurred by the Railways
Administration in connection therewith and (Without prejudice to any other means of
recovery) the Railway Administration shall be entitled to deduct form any money due or
become due to the contractor whether under this agreement of any other agreement,
all moneys paid or payable by the Railways Administration by way of compensation
aforesaid or for cost of expenses in connection with any claim there to and the
contractor shall abide by the decision of Railway Administration as the sum payable by
the contractor under the provision of this clause. The contractor shall note that no
compensation due to loss of life or loss of material shall be payable by the Railway
Administration and contractor shall have to pay all the claims due as compensation in
case of accident, injury to the laborers or any person for whatsoever reason.
13. PROGRESS REPORT:
The supervisors appointed by the contractor should remain at the work spot. The
contractor and their staff shall conduct their business in a quiet and orderly manner
and shall not allow the working of the machines, in any respect whatever to interfere
with the Railway Administration’s work executed by railway staff at the colony, or with
the comfort and convenience of the colony residents.
Signature (s) of tenderer (s) Divisional Railway Manager (Medical)
East Coast Railway / Waltair.
West Sector Contract -2009-pro.doc9
The contractor shall submit monthly progress reports as to the progress of the contract in such
form as may be called for by the Railway Administration or its nominee. The submission and
acceptance of these reports shall not prejudice the rights of the Railway Administration in any
manner, in enforcing the terms of contract.
14. LIQUIDATED DAMAGES:
In the event of contractor ‘s failures to execute the work to the satisfaction of the
Railway Administration / Inspecting Officer in the time or times respectively specified in the
letter of acceptance or as indicated in the description of work, the Railway Administration may
withhold any payment until the whole contract has been executed and may deduct or recover
from the contractor as liquidated damages (and not by way of penalty) a sum @ ½ % (half
percent) per week or part thereof on the total contract value.
Provided however, that if the delay shall have arisen from any cause which the Railway
Administration may admit as reasonable ground for further time (Railway Administration may in
their discretion allow such additional time as they may consider to have been required by the
circumstances of the case and shall forgo the whole or such part of the claim as they may
consider reasonable).
15. DEFAULTS :
Should the Contractor fail to execute the Contract by the time or times agreed upon as
aforesaid or should the contractor in any manner otherwise fail to perform the contract or
should it have a receiving order made against it, the Railway Administration has the right to
encash the performance guarantee of 5% of the contract value
16. FORCE MAJEURE:
In the event of any unforeseen event, directly interfering with the execution of works, arising
during the currency of the contract, such as insurrection, restraint imposed by the Government,
act of legislative or other authority, war, fire, floods, explosions, epidemics, quarantine
restrictions, Acts of God, etc. the contractor shall within a week from the commencement there
of notify the same in writing to the Railway Administration with reasonable evidence thereof. If
the force majeure condition mentioned above be in force for a period of 15 days or more at any
times, the Railway Administration shall have the option to terminate the contract on expiry of
15 days of commencement of such force majeure by giving 7 days notice to the contractor in
writing. In case of, such termination no damage shall be claimed by either party against the
other, save and except those, which had occurred under any other clause of the contract prior
to such termination.
Signature (s) of tenderer (s) Divisional Railway Manager (Medical)
East Coast Railway / Waltair.
West Sector Contract -2009-pro.doc9
17. INSPECTING OFFICER – POWERS OF REJECTION :
17.1 The inspecting officer shall have the following powers:
i) The Mechanised Carrier and all auxiliary and ancillary equipments / tools, submitted
for inspection, to certify that it is not in accordance with the contract.
ii) To reject the Mechanised Carrier and all auxiliary and ancillary equipments / tools,
submitted as not being in accordance with the requirement of the tender document.
iii) To mark the rejected Mechanised Carrier and all auxiliary and ancillary equipments /
tools with a rejection mark so that they may be easily identified if re-submitted.
17.2 The inspecting officer’s decision as regards rejection shall be final and binding on the
contractor.
18. CONSEQUENCES OF REJECTION.
18.1 REMOVAL / RFEPLACEMENT OF REJECTED MECHANISED CARRIER AND ALL
AUXILIARY AND ANCILLARY EQUIPMENTS / TOOLS:
On rejection of any equipment submitted for inspection at a place other than the
premises of the contractor, the contractor at his own cost shall remove such
equipment, subject to as hereinafter stipulated, within 14 days of the date of
intimation of such rejection. If communication in this regard is addressed and posted to
the contractor at the address mentioned in the tender, it will be deemed to have been
served on him at the time when such communication would in course of ordinary post
reach the contractor. Provided that the inspecting officer may call upon the contractor
to remove dangerous, non-functioning equipment within 48 hours on the receipt of such
communications and the decision of the Inspecting Official in this regard shall be final
in all respects.
18.2 All rejected equipment shall in any event and circumstances remain and always be at
the risk of the contractor, immediately on such rejection. If such equipment are not
removed by the contractor within the period aforementioned, the inspector may
remove the rejected equipment and will then return the same to the contractor at
his risk and cost by such mode of transport and retain such portion of the proceeds,
if any from such disposal as may be necessary to recover any expense incurred in
connection with such disposals (or any price refundable as a consequence of such
rejection). The Railways Administration shall, in addition, be entitled to recover from
the contractor the handling and storage charges for the period during which the
rejected equipment are not, removed / disposed off in accordance with the provision
thereof
.
Signature (s) of tenderer (s) Divisional Railway Manager (Medical)
East Coast Railway / Waltair.
West Sector Contract -2009-pro.doc9
19. ARBITRATION:
19.1 In the event of any question dispute or difference arising under these conditions or
any special conditions of contract or instructions to Tenderers or in connection with
this contract (except as to any matter the decision which is specifically provided for
by these conditions of instructions to Tenderers or the special conditions), the same
shall be referred for the appointment of Arbitrators by the General Manager, East
Coast Railway, Bhubaneswar.
The Gazetted Railway Officers to be appointed as Arbitrator, however, will not be
ones who had an opportunity to deal with the matters to which the contract relates or
who in the course of their duties as Railway servants had expressed views on all or any
of the matters under dispute or difference. The award of the Arbitrators shall be
final and binding on the parties to is contract. The Arbitration will be conducted under
the provisions of Arbitration and Conciliation Act 1996, and all its Amendments.
19.2 In the event of the Arbitrators denying, neglecting or refusing to act, or resigning or
being unable to act for any reason, it shall be lawful for the authority appointing the
Arbitrators to appoint other Arbitrators in place of the outgoing Arbitrator in the
manner aforesaid.
19.3 It is further a term of this contract that no person other than the persons appointed
by the authority as aforesaid should act as Arbitrators and that if for any reason
that is not possible the matter is not to be referred to arbitration at all.
19.4 Upon any and every such reference, the assessment of the cost incidental to the
reference and award respectively shall be at the discretion of the Arbitrators.
19.5 Subject to as aforesaid, the Arbitration and Conciliation Act-1996 and the rules there
under and any statutory modification thereof, for the time being in force, shall be
deemed to apply to the arbitration proceedings under this clause.
19.6 Work under the contract, as is reasonably possible, if so decided by the Railway
Administration may continue during the arbitration proceedings and no payment due to
or payable by the Railways Administration shall be with held on account of such
‘proceedings.’
19.7 Where the Arbitral award is for the payment of money, no interest shall be Payable on
whole on any part of the for any period till the date on which the award is made.
19.8 The venue of arbitration shall be the place from which the contract is issued, or such
other place as the Arbitrators at their discretion may determine.
19.9 The authority to appoint the arbitrator includes, if there be no such Authority, to the
officer, for the time being discharging the functions of that Authority, whether in
addition to other functions or otherwise.
Signature (s) of tenderer (s) Divisional Railway Manager (Medical)
East Coast Railway / Waltair.
West Sector Contract -2009-pro.doc9
20. PENALTY
1) The contractor can be penalized by way of fine amounting upto Rs.1500/- ( Rupees One
thousand Five hundred only) in each occasion by DRM or by his representative if in
his opinion the performance of the contractor in connection with the contractual work
is not up to his entire satisfaction.
2) Besides the above, clauses terms and conditions not specifically mentioned in this
document, the clauses terms and conditions as laid down by the S.E.Railway
General conditions of contract and standard specifications No .I Vol 2 with up to date
correction slips will be part of this document.
In witness whereof the said parties here to have set their hands at the place and on the
dates herein after mentioned respectively.
Signature (s) of tenderer (s)
Name of the Tenderer & Full Address
(In Block letters.)
Place:_____________________
Dated:__________
Signatures of Witnesses:
1.
Name:
Address:
2.
Name:
Address:
Divisional Railway Manager (Medical)
East Coast Railway / Waltair.
The above particular instructions and conditions are being read, understood and accepted by me.
Signature (s) of tenderer (s )
West Sector Contract -2009-pro.doc9