Download NIT - Chittaranjan Locomotive Works - Indian Railway

More documents

Recommendations

Info

Page 20 of 353.42 Works to be finally taken over.The work shall not be deemed to have been finally taken over by CLW on the above mentioned acceptance videclause No.3.41. The Contractor shall be liable for replacement of any defective material or work whether arisingfrom faulty design, material, workmanship or otherwise, free of cost during warranty period of 12(twelve)months.3.43 Contractor’s liability.The Contractor will be relieved of the liability arising under this contract wherever and to the extent to whichthe fulfillment of any obligation under the contract is prevented; frustrated or impeded by reason of anystatutory rules, regulations orders or requisition issued by the Government Department or other competentauthority. The Railway will however, not be liable for any compensation to the Contractor, in any sucheventuality.3.44 Cessations of Railways liabilityThe Railway shall not be liable to the Contractor for any matter arising out of or in connection with the contractor the execution of the works unless the Contractor shall have made a claim in writing in respect thereof beforethe expiry of warranty period.3.45 Antilarval clause.The Contractor shall be responsible for anti larval work at his cost during progress of works as may beprescribed by the Engineer on the advice of the Railway Medical authority and where use of insecticides isinvolved, it shall be done in accordance with the provision of the act and rules in this behalf at the cost of theContractor, who shall also be solely responsible for any acts or omissions under the provisions of the aforesaidrules.3.46 Price of stores shall include all rates, Taxes etc.Save and except as specifically, stated and/or provided for in the tender papers and/or these special conditionsof Contract, the prices for stores etc. are also to include all rates, Taxes, levies, impositions and outgoingswhatsoever and the Railway shall have no liability for any of these charges. The rate of sales tax etc. chargedmay be indicated. Railway is entitled to reduction of sales tax charge etc. against the submission of ‘D’ formand the tenderer should quote rates accordingly.3.47 Provision of payment of wagesThe Contractor shall comply with the provisions of the payment of wages Act, 1936 and the rules made thereunder in respect of employees directly or through petty Contractors or Sub-Contractors employed by him in theworks.3.48(a) Security Deposit to be held against the contract(1) The Earnest money deposited by the successful tenderer with his tender will be retained by the Railways as partof security for the due and faithful fulfillment of the contract by the contractor. The balance to make up thesecurity deposit for which are given below., may be deposited by the Contractor in cash or may be recovered bypercentage deduction from the contractor’s “ On Account” bills. Provided also that in case of defaultingcontractor the railway may retain any amount due for payment to the Contractor on the pending “On Accountbills”, so that the amounts so retained may not exceed 10% of the total value of the contract.(2) Unless otherwise specified in the special conditions, if any, the security deposit/rate of recovery/mode ofrecovery shall be as under:-(a)(b)Security deposit for each work should be 5% of the contract value,The rate of recovery should be @ 10% of the bill amount till the full security deposit is recovered,Security deposits will be recovered only from the running bills of the contract and no other mode of collectingSD such as SD in the form of instruments like BG, FD etc. shall be accepted towards security deposit.The Security deposit, however, shall be released only after the expiry of the maintenance period and afterpassing of the final bill passed on “No Claim” certificate issued by an officer not below the rank of JAG.No interest will be payable upon the earnest money and security deposit or amounts payable to the contractorunder the contract, but Government securities deposited in terms of sub-clause (1) of the clause will be payablewith interest accrued thereon.Signature of the Tenderer with seal & date Page 20
Page 21 of 353.48(b) Performance Guarantee. (P.G) as per Railway Board Letter No.2007/CE.I/CT/18 Pt.XII dated31/12/2010, clause no. 16(4)The procedure for obtaining performance guarantee is outlined below(I)The successful bidder shall have to submit a performance Guarantee (PG) within 30 (thirty) days from thedate of issue of Letter of Acceptance (LOA) . Extension of time for submission of PG beyond 30 (thirty)days and up to 60 days from the date of issue of LOA may be given by the Authority who is competent tosign the contract agreement. However, a penal interest of 15% per annum shall be charged for the delaybeyond 30 (thirty) days, i.e. from 31th day after the date of issue of LOA. In case the contract fails to submitthe requisite PG even after 60 days from the date of issue of LOA, the contract shall be terminated dulyforfeiting EMD and other dues, if any payable against that contract. The failed contractor shall be debarredfrom participating in re- tender for that work.(II) The successful bidder shall submit theamounting to 5% of the contract value :-performance guarantee (PG) 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 PerformanceGuarantee could be either of the State Bank of India or of any of the Nationalized Banks.(v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks;(vi) A Deposit in the Post Office Saving Bank;(vii) A Deposit in the National Savings Certificate;(viii) Twelve years National Defence Certificates;(ix) Ten years Defence Deposits;(x) National Defence Bonds;(xi) Unit Trust Certificates at 5% below market value or at the face value whichever is less.Also, FDR in favour of FA& CAO/ CLW/ Chittaranjan (free from any encumbrance) may be accepted.NOTE: The instruments as listed above will also be acceptable for Guarantees in case ofMobilization advance.(III)The performance guarantee shall be furnished by the successful contractor after the Letter of Acceptance hasbeen issued, but before signing of the agreement. This PG shall be valid up to the stipulated date of completionplus 60 days beyond that. In case, the time for completion of works gets extended, the contractor shall get thevalidity of Performance Guarantee extended to cover such extended time for completion of work plus 60 days.(IV)(V)(VI)The value of PG to be submitted by the contractor will not changed for variation up to 25% ( either increase ordecrease). In case during the course of execution, value of the contract increases by more than 25 % of theoriginal contract value , and additional PG amounting to 5 % ( five percent) for the excess value over theoriginal contract value shall be deposited by the contractor.The Performance guarantee 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 workin all respects satisfactorily. The security deposit, however, shall be released only after the expiry of themaintenance period and after passing the final bill based on “No Claim Certificate”.Wherever the contracts are rescinded, the security deposit shall be forfeited and the performance guarantee shallbe encashed .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 thefailed contractor is a JV or a partnership firm, then every member/partner of such a firm shall be debarred fromparticipating in the tender for the balance work either in his/her individual capacity or as a partner or any otherJV/partnership firm.Signature of the Tenderer with seal & date Page 21
Page 1 and 2: Page 1 of 35Office of the Dy. Chief
Page 3 and 4: Page 3 of 355. Completion period.Th
Page 5 and 6: Page 5 of 35FORM -1Indian Railway,
Page 7 and 8: Page 7 of 35FORM-5TENDERER’S CRED
Page 9 and 10: Page 9 of 351.4 Interpretations:Thi
Page 11 and 12: Page 11 of 35PART - IICONDITION OF
Page 13 and 14: Page 13 of 352.10 Period of validit
Page 15 and 16: Page 15 of 353.10 Settlement of dis
Page 17 and 18: Page 17 of 35For the purpose of thi
Page 19: Page 19 of 353.34 Claim on account
Page 23 and 24: Page 23 of 35for in full at the rat
Page 25 and 26: Page 25 of 35materials, any constra
Page 27 and 28: Page 27 of 35PART-IVCONDITIONS OF P
Page 29 and 30: Page 29 of 354.15(ii) The Security
Page 31 and 32: Page 31 of 35CLW/ ChittaranjanEXPLA
Page 33 and 34: Page 33 of 35Sl.No. DESCRIPTION Qty
Page 35: Page 35 of 35Sl.No. DESCRIPTION Qty

Download NIT - Chittaranjan Locomotive Works - Indian Railway

Create successful ePaper yourself

Delete template?

Save as template?