NORTH
EASTERN RAILWAY
OPEN
TENDER IN TWO PACKET SYSTEM
TENDER
NOTICE NO- 09/med/06-07 dt.12.2.07
TENDER
DOCUMENT
FOR
PRICE
BID (PT.II)
TENDER FOR DAILY CLEANING OF DRAINS AND
PICKING ,COLLECTION AND DISPOSAL OF RAGS AND FEFUSE FROM THE TRACKS AND ITS
WASHING THROUGH MECHANISED SYSTEM AT GORAKHPUR STATION ON CONTRACT BASIS.
Rate Shedule
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S.No. |
Schedule of Work |
Rs. |
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In
Figures |
In words |
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1- |
Daily cleaning of drains and picking collection and disposal of rags
and refuge from all the tracks in front of all platforms of Gorakhpur stations,
passenger yard and its washing through mechanized system
and disposal of collected rags and refuge and sludge from the drains to the specified dustbins for final disposal
and cleaning and washing of toilets provided at both ends of the Island
platforms to entire satisfaction of the Railway administration for one year. |
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Note- The tenderers
are required to quote rates on monthly as well as annual basis.
(i)
The whole of the work shall be executed in
conformity with the General condition of Contract 1999, all corrected
up-to-date, in conjunction with special conditions mentioned below and in the
event of any conflict or contradiction between the provision of special
condition and General Condition of Contract 1999, the special conditions given
here-under shall prevail. The decision of the DRM/Medical/N.E.R/Lucknow in this
connection will be final and binding on the contractor.
(ii)
The contract shall not be vitiated by any error of
any kind in the surveys, information, specifications or schedule of quantities.
It is further provided that schedule of work will represent the nature of work
to be executed.
(iii)
All the materials which are to be used / supplied by
the contractors must be approved by the executive Incharge or his
representative prior to use. Decision of Executive in charge will be final and
binding.
2- AUTHORIZATION TO RUN
THE CONTRACT:
The contract is for a
period of one year and extendible up to two year with mutual consent and prior
concurrence of associate finance .
.2.1 The contractor shall provide minimum 03 no of electrically operated high pressure water jet cleaning machines (as per attached discriptions) to facilitate mechanized washing of aprons of the tracks & toilets on the platforms with one operator and one helper on each machine .
2-2 The contractor shall arrange sufficient number of brooms with handle
,baskets ,shoveles and wheelbarrows of rubberized wheels for picking, collection and disposal of rags
and refuse from the tracks to the
specified dustbins and cleaning of drains and disposal of drain’s silt. .
2-3 The contracter shall engage workers who are physically
fit with proper visual acquity to perform cleaning on tracks at the stations
.
2.4 The contractor shall provide yellow coloured jacket with name plates to his workers and will ensure them to wear the same while on works .He will also provide them with rubberised hand gloves and gumboots to avoid contact with night soil and refuse .
2.5. The contractor will also issue identity cards to his workers and will give their details to Health Inspector and Station Manager.They should always keep the identity card with them other wise they will be penalized as unauthorized tress passers in the station permisses.
2.6 He will ensure that in case of failure of machines these should be repaired /replaced ,brought to satisfactory working condition within twenty four hours.
2.7 During failure of machine the contractor will ensure manual washing and cleaning of aprons of the tracks and drains with hose pipes.Under all the circumstances the cleaning works should be carried on without any break .
2.8 On the tracks where cemented aprons are not provided manual picking /sweeping and collection of rags and refuge will be done .
2.9 The contractor shall arrange for all equipments and mechanized system at his own cost .However railway shall provide storage space for keeping the machines, equipments and other materials at railway stations .
2.10 The contractor shall be responsible for maintenance of equipment/ machines supplied by him Railway will not pay any extra charge for this purpose .
2.11 The cleaning and supervision works will be carried out in co-ordination with railway working and under the instructions of Station Manager and Health Inspector of Gorakhpur Station.
2.12 The work will be carried out in such a manner that it will not affect running of the trains or free flow of passengers and other traffic.
2.13 The contractor him self or his representative will remain available during working hours at station to take instructions from the Health Inspector /Station manager .
2.14 The contractor will carry on the cleaning /washing work of tracks and drains in such a manner that after the departure of trains they are cleaned each time . At no point of time the tracks or drains should be found dirty or choked .
2.15 The contractor will also ensure regular cleaning and washing of toilets provided at both ends of adjacent platforms and sprinkle with disinfectant materials .
2.16 The major cleaning works of tracks and drains will be carried out in day time starting from 5.00AM.The works in night sift to be kept at maintenance level for which contractor will be provide men and materials.
2.17 The party shall be liable to fine up to
Rs.10000/- at the sole discretion of the Railway Administration for each
misconduct committed on his/ her part or on the part of his/her representative.
2.18 Any damage to the
Rly. Equipments/property caused on account of negligence of party or his
workers shall be recoverable fully from contractors bill and decision of
railway administration shall be final and binding on the party.
.
2-19 Payment shall be
made on monthly basis . At the end of each month the monthly bill
Shall be prepared in
duplicate and submitted by contractor duly certified by the Health Inspector
and Station Manager of Gorakhpur Station along with the certificate in support of
the satisfactory performance submitted through CHI/SM/GKP to CMS/LJN.
2.20 The party shall
adhere to the Labour Laws like Workmen compensation Act and provision of the
Payment of Wages Act for the Labours deployed by him.
2.21 The party shall
note that no compensation, due to loss of life or loss of material shall
Be payable by the
Railway Administration and party shall have to pay all the claim due as
compensation in case of accident injury to their labour for whatsoever reason.
2-22The contractor
shall indemnify the Rly. Adm. against any loss or damages caused due to the act
of the contractor and the compensation become payable by the Rly. Adm. The
hidden loss, damage and compensation shall be reimbursed by the contractor to
the Railway administration.
2.23 The contractor or
his employee/labour shall have no right to make any claims for further
employment.
2-24 The tenderer
shall make provision for inspection of his equipments/machineries by Railway
Administration , if required at anytime before or during the terms of Agreement.
.
3.
Scope of Work:
The Contractor shall undertake picking, collection
and disposal of rags andrefuse from all the tracks of passenger yard infront of all the platforms at the station
premises and will dispose off the rubbish to the specified dustbins for final
disposal.
The
contractor will under take mechanized washing of washable aprons of all the
tracks of the station with high pressure jet cleaning machines.
The
contractor will ensure that the tracks are always kept in the cleaned condition
i.e.
Free from rags refuse and night soil. The
cleaning work will be done all along the day including on Sundays and holidays.
And will be maintained in the nights to a reasonable level of cleanliness.
The
contractor will clean all the drains of the passengers yards and cross drains
under ground drains in front of platform and on the platforms up to bottom and
will ensure round the clock free flow in the drains of the station.
The
contractor shall perform all above cleaning work with his own tools and plants
And high pressure jet Machine and daily he will
sprinkle disinfectants e.g. lime and bleaching powder over all the tracks and
drains. He will also ensure regular cleaning of toilets provided at both ends of
adjacent platforms with disinfectants and deodorant .
The
Rly. Adm. Shall provide the contractor the storage place /room to be used for
cleaning for the contract period but will have no responsibility for any loss
or damage of his materials. The Rly. Shall also provide free electricity and
water for
utilisation of cleaning work under this contract.
4. Work Schedule:
cleaning
of drains,picking collection and disposal of rags and refuse from the tracks shall be undertaken preferably when the
tracks are freely available. Tracks will be washed and cleaned each time after
departure of passenger trains.and simultaneously . the drains will also be kept
cleaned . He will also maintain and clean the toilets provided on
both ends of adjacent platforms.
The contractor or his man shall supervise
the house keeping work on daily basis. HI/SM/GKP shall be responsible for daily
inspections. The collected rags ,refuse and drains sludge shall immediately be
removed and carried to the specified dustbins for final disposal.
5- Validity:
This contract is for a period of One year and extendible up to two years with mutual
consent and with prior concurrence of associated finance.
6-
Rate:
The
rates quoted should be inclusive of the following :
e) All taxes and levies
etc. like sales tax, excise duty, work contract tax etc. as applicable and
insurance including third party liability. Service tax will be borne by the
contractor.
.
.
F. Rate Escalation clause :-
The rates shall be fixed for mechanized system
for 1 year and it can be extended up to 2 years with mutual consent of Railway
Administration and contractor with prior concurrence of associate finance.The
contractor shall not have any price
escalation clause on any reason of price hike after cxecution of agreement
7-
Payment terms :
(a)- The bills should normally be submitted to the
DRM/Medical/, LJN divisional Office within two months of the completion of the
work for which it pertains through CHI/GKP and SM/GKP .
(b)- Payment
shall be made on monthly basis. At the end of each month, the monthly bill
shall be prepared in triplicate and submitted by the contractor duly verified
and certified by the Station Manager, Gorakhpur Railway station and CHI along
with the certificate in support of the satisfactory performance.
(c)-
First payment will be released only after the contractor has fulfilled their
responsibility by submitting all necessary documents .
(d) The income tax will be deducted at source
as per the applicable rules.
(e)
All the Taxes legally leviable shall be paid by the contractor and deducted at
source.
The
standard payment terms subject to recoveries of any amount under the liquidated
damages clauses of contract will be as under:
Generally
100% payment will be made to the firm / contractor on satisfactory completion
of the work. Bills in four copies accompanied with challan, inspection
certificate, guarantee certificate and valid income tax clearance certificate should
be submitted to this office for arranging payment through accounts department.
Security money shall be refunded after expiry of completion of the term of the
contract subject to receipt of no dues/ clearance certificate from the
concerned authorities.
8-
Deductions:
Payment
as mentioned above shall be subject to deduction 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.
9. It
is hereby declared that the contractor is the independent employer and all
persons employed or engaged by the contractor at his own cost and expense to
carry out the agreed work under this contract shall be his employees and not of
the Railways.
10. The
Contractor shall personally and exclusively supervise or deploy sufficient
supervisors exclusively, supervise the work so as to ensure that the services
rendered are under guidelines and to the satisfaction of the Railways.
11. Court Jurisdiction-The court of the place from
where the acceptance of tender has been issued, shall alone have jurisdiction
to decide any dispute arising out of or in respect of the contract or any
officer authorized by him shall be final and binding on the contractor.
13.
DOCUMENTATION:
The contractor shall submit the following
documents to CMS/, LJN. as well as Chief Health Inspector/SM before
commencement of the job:
a) Copy
of the documents showing legal status of the firm along with names and address
of all Directors.
b) Railway
will deduct the required percentage as TDS and certificate for the same will be
issued
c) Copy
of the document showing PF code No. by RPFC office.
d)
Latest
and valid ITCC certificate, last 3 years balance sheet and banker’s certificate
for financial stability.
Any dispute and/or difference arising out of day to day work relating to the contract, shall be referred to the CMS/LJN or any other officer authorized on his behalf whose decision shall be final and binding on the contractor.
.
14. DEFINITIONS:
14.1. Through out the tender document/ contract
the following definitions shall apply:-
a) The
“Inspecting officer/Inspector” means Indian Railways, North Eastern Railway
acting through CMS/ SrDCM, North Eastern Railway, Lucknow on behalf of the
president of India
b) The
“Inspecting officer/Inspector” means the person, firm or department nominated
by the “North Eastern Railway” to inspect the work on his behalf and the
deputies of the Inspecting officer so nominated
c) The
“Inspecting” means the person, firm or company with whom the order for the
execution of the work/supply is placed and shall be deemed to include the
contractors successors (approved by the “North Eastern Railway) representative,
heirs, executors and administration as the case may be, unless excluded by the
terms of the contract.
d) Contract
means and includes the notice inviting tenders, instructions to the tenderers
technical specifications, and drawings & general conditions of contract,
1999 acceptances of tender, special conditions of contract, particulars and
others specified or acted upon by the contractor and a formal agreement.
e) Equipment
means the material/part/component proposed to be ordered on the contract for
fabrication/design/testing/manufacture/commissioning/ repairs according to the
clauses of the Technical Specifications included in the Tender Document it
shall also include the plant and machinery/ machine. Tools proposed for
repair/overhaul/reconditioning according to the Technical specification
included in the tender document.
15. EXECUTION:
The
whole contract is to be executed in the most approved, substantial and workman
like manner to the entire satisfaction of the North Eastern Railway or his
nominee who, both personally and by his deputies shall be free to inspect the
work at such times as he may deem fit and to thereof, and on any question of
the true intent and meaning of the specifications, and its decision shall be
final and conclusive and binding on the contractor.
16. A
confirmation from the contractor accepting that all the material supplied/ to
be used are guaranteed for satisfactory performance for a entire contractual
period from the date of supply/installation/commissioning of the “Equipment”
17. If the tenderer(s) deliberately gives wrong information
in his tender or creates circumstances for acceptance of his tender the “North
Eastern Railway” reserves the right to reject such tender(s) and in the case of
the successful tenderer(s) to cancel the contract at any stage.
18. If
the contractor expires/dies after submission/acceptance of his tender the
“North Eastern Railway” shall deem such tender as cancelled, If a partner of a
firm expire after the submission to the tender or after the acceptance of the
tender the “North Eastern Railway” shall deem such tender as cancelled unless
the firm retains its character.
19. SECURITY:
a. Security will be 5% of
the contract value.
b. The mode of recovery will be at the rate of
10% of bill amount till the full security deposit i.e.,5% of contract value is
recovered .
c. Security deposit will be recovered only from
the running bill of contract and no other mode of collecting security deposit
such as in form of instruments like BG, FD etc shall be accepted towards
security deposit.
d. The security deposit
shall be returned to the contractor without any interest after the physical
completion of the work as certified by the competent authority
.
20-Tenderer should submit a Bank performance
guarantee of 5% of Tender
value before signing of agreement.
21. Railway Administration’s right of
rejection:
a) Notwithstanding any approval which
the inspecting authority may have given in respect of the equipment or any
materials or other particular or the work or workmanship involved in the
performance of the contract (whether with or without any test carried out by
the contractor or the inspecting offices under the direction of the inspecting
officer and notwithstanding delivery of the equipment it shall be lawful for
the SM/GKP Railway Station and CHI/GKP North Eastern Railway Station, on behalf
of the “North Eastern Railway” to reject the equipment or any part/ portion of
consignment thereof with in 90 days after actual delivery to him at the place
or destination specified in the tender documents if such material or
part/portion of consignment thereof is not in all respect in conformity with
terms and conditions of the contract whether on account of any loss or damage
before dispatch or delivery or during transit of otherwise.
b)
The
contractor shall keep all the , machines and the equipments in working order
through out the currency of the contract after its acceptance in case of
failure to do so the contract shall be liable to be terminated at the risk and cost of the contractor.
c)
The
provision contained in the clause relating to the removal of equipments
rejected by the inspector shall mutatis mutandis apply to “ equipment or part
there of rejected by the consignee as herein provided.
22- Indemnity
The contractor shall at all times indemnify the “ North
Eastern Railway “ against all claims which may be made in respect of the said
work for infringement of any right protected patent registration Design or
trade mark, provided always that in the event of any claim in respect of an
alleged breach of a patent, Registration or trade mark being against the “
North Eastern Railway” be shall notify the contractor of the same and the
contractor shall be at liberty, but at his own expense to conduct negotiation
for settlement of any litigation that may arise there from.
23. LIABILITY UNDER
WORKMEN’S COMPENSATION ACT OR
OTHERWISE;
The contractor shall all time indemnify the
Railway administration against all claims which may be made under the Labour
Laws and Workmen’s Compensation Act-1923 for any statutory modification thereof
or rules made there under or otherwise or in respect of any damages or compensation payable in
consequence of any accident or injury sustained by the contractor for any
workmen, labourers or any person or persons in the employment of the contractor
and engaged in the performance of the business relating to this work , except
Railway employee . The contractor at all times shall also take all risk of
accident or injury which may cause of failure or the performance of the said
business arising out of such accident to such workmen, labourers or servants
except Railway staff and against all cost and expenses incurred by the Railway
administration in connection there with and ( without prejudice to any other
means of recovery) the Railway administration shall be entitled to deduct from
any other means of business due to the contractor whether under this agreement
or any other agreement all money paid or payable by the Railway administration
by way of compensation aforesaid or for cost or expenses in connection with any
claim thereto and the contractor shall abide by the decision of Railway
administration as the sum payable by the licensee under the provision of this
clause.
24- Alteration
The North Eastern Railway’ or his nominee may require such alteration
to be made on the work , during its progress , as he deems necessary should
these alterations be such that either party to the contract considers an
alteration in price justified such alteration shall not be carried out until
accepted by the “ North Eastern Railway “ should the contractor proceed to
manufacture such equipment without obtaining the consent in writing of the “
North Eastern Railway” to an amended price, he shall be deemed to have agreed
to execute the contract at a price as may be considered reasonable by the North
Eastern Railway or without any extra price if considered reasonable by the
North Eastern Railway.
25- Progress Report.
One supervisor appointed by the contractor
should remain round the clock at station. The contractor and his/ their staff
shall conduct their business in a quiet and orderly manner and shall not allow
the working of the machineries in any respect whatever to interfere with the
Railway Administration’s work of
Railway administration’s staff at the station or with the comfort and
convenience of the traveling public.
The contractor shall submit monthly progress
reports as to the progress of the contract and in such form as may be called
for by the North Eastern Railway, his nominee. The submission and acceptance of
these reports shall not prejudice the rights of the North Eastern Railway in
any manner.
26
- Corrupt gift and payment of
commission:
Any bribe commission, gift or advantage given ,
promises offered by or on behalf of the contractor, his agents or servants or
any one on his/ their behalf to any employee, representative
or agent of the North Eastern Railway or any persons on his behalf in
relation to the execution of his or any other contract the North Eastern Railway
shall in addition to the criminal liability under the laws in force, subject
the contractor to cancellation of this and all other contracts with the North
Eastern Railway and also to payment of any loss resulting from any such
cancellation under clause “DEFAULT CONTRACT” given below and the NORTH EASTERN
RAILWAY shall be entitled to deduct the amount payable from any money otherwise
due to the contract under this or any other contract . Any question or dispute
as to the commission of any offence under the present clause shall be settled
by the NORTH EASTERN RAILWAY
in such manner as may be that fit and sufficient and his decision shall be
final and conclusive on the matter.
27-
Completion Period:
The earliest possible date of completion of each
activity / activities is required. The NORTH EASTERN RAILWAY attaches utmost
importance to timely completion and requests the contractor to take note of the
“ Liquidated Damages and risk contract is invited to the fact that delay in
completion of any activity / activities beyond the target date fixed for that
activity/ activities will attract liquidated damages. The work should start
within FIFTEEN DAYS of the placement of order or works contract.
28- Liquidated Damages:
In the event of contractor’s failure to execute
the work to the satisfaction of the North Eastern Railway / inspecting officer
by the time or times respectively specified in the letter of acceptance or as
indicated in the schedule of requirement the North Eastern Railway 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 @ ˝ % ( half percent ) per work or part thereof on the total contract
value. Provided however, that if the delay shall have arisen from any cause
which the North Eastern Railway may admit as reasonable ground for further time
North Eastern Railway may in his discretion allow such additional time as he
may consider to have been required by the circumstances of the case and shall
forego the whole or such part as he may consider reasonable of his claim for
such loss or damage as aforesaid.
29.
Default and risk Contract:
a) Should the Contractor
fail to execute the Contract by the time or times agreed upon as aforesaid the contractor
in any manner otherwise fail to perform the contract or should it have a
receiving order made against it or make or enter into any arrangement or
composition with its creditor or suspend payment ( or being accompany should
enter into liquidation either compulsory or voluntary ) the NORTH EASTERN
RAILWAY shall have power to declare the contract at the end at the risk and
cost of the contractor as provided in every way . In such a case the contractor
shall be liable for any liquidated damages for delay as provided above and for
any expenses, losses or damages which the NORTH EASTERN RAILWAY may be put to
incur or sustain by reason of in connection with the contractor’s default.
b) In the event of “Risk
Contract” being made against this contract the contractor shall be liable to
pay to the NORTH EASTERN RAILWAY extra expenditure incurred i.e. in getting the
contract executed by an alternative party including the difference between the
rate if the defaulting contractor and that at which the risk contract is
concluded provided it is done within the contractual period.
c) The cancellation of the
contract may be either the whole or part of the contract at NORTH EASTERN
RAILWAY option. In the event of the North Eastern Railway terminating this
contract in whole or in part he may procure upon such terms and in such manner
as he deems appropriate , supplies/ services / work similar to those so
terminated and if risk contract is not rendered possible for any reason in
which event the contractor shall be liable to the North Eastern Railway for any
excess cost for such similar suppliers / services/ work provided that the
contractor shall continue the performance of this contract to the extent not
terminated under the provision of this clause.
30-Force Majeur :
In the event of any
unforeseen event directly interfering with execution of works, arising during
the currency of the contract, such as insurrection, restraint imposed by the
Govt. act of legislative or other authority, war, fire, floods, explosion,
epidemics, quarantine restriction, strikes, lockout or acts of God the
Contractor shall with in a week from the commencement thereof notify the same
in writing to the NORTH EASTERN RAILWAY with reasonable evidence thereof. If
the force majeur condition mentioned above be in force for a period of 90 days
or more at any times, the North Eastern Railway shall have the option to
terminate the contract on expiry of 90 days of commencement of such force
majeur by giving 14 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.
31- Postponement
The Contractor(s) shall
have no claim whatsoever against the NORTH EASTERN RAILWAY if the work is
postponed to a later date, closed down for completion over a longer period ,
suspended in the course of a execution of abandoned either in part or whole in
the over –all interest of the Railway
Administration or for any reason beyond the control of North Eastern Railway /
Administration . The decision of the North Eastern Railway in this regard shall
be final and binding on contractor(s).
32-
Dispatch of Equipment:
At least 15 days before
dispatch of the equipment by the contractor, the contractor shall inform the
North Eastern Railway of such intent so that the North Eastern Railway may
depute his inspecting officer to inspect the equipment before dispatch if
considered necessary by him.
33- Inspecting Officer – Power of rejection:
The inspecting officer
shall have the following powers:
To reject the equipment or part
thereof submitted as not being in accordance with the requirement of the tender
document.
The inspecting Officer’s
decision as regards the rejection shall be final and binding on the contractor.
34-Consequences
of rejection North Eastern Railway shall be at liberty to:-
a)-
Direct the contractor to replace the rejected equipment forth with in any event
not later than a period of 24 days from the date of rejection and the
contractor shall beer all the cost of such replacement including freight, if
any on such replaced equipment but without being entitled to any extra payment
or on any other account. North Eastern Railway or authorize the North Eastern
Railway of part / whole quantity of equipment rejected or other of a similar
description (when equipments exactly complying with the particulars are not in
the opinion of the North Eastern Railway which shall be final, readily
available) without notice to the contractor at the later’s risk and cost and
without affecting the contractor’s liability as regard to the supply of any
further installment due under the contractor.
b)-
Cancel the contract and authorize the North Eastern Railway to purchase the
equipment or of a similar description (
when equipments exactly complying with the particulars are not in the opinion
of the NORTH EASTERN RAILWAY which shall be final, readily available ) at the
risk and cost of the contractor in the event of action being taken under
sub-clause above or this sub-clause the provisions to the clauses relating to
liquidated damages and default and risk contract shall apply as far as
practicable.
35 Removal / replacement of rejected equipment
or part thereof:
a)- On rejection of any equipments submitted for
inspection at a place other than the premises of the contractor such equipments
shall be removed by the contractor at his own cost , 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 as
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, infected or perishable equipment within 48 hours on the receipt of
such communication and the decision of the inspector in this behalf shall be
final in all respect. Provided further that where the price for part thereof
has been paid the consignee is entitled without prejudice to his other right to
retain the rejected equipment till the price paid for such equipment is
refunded by the contractor and that such retention shall not on any
circumstances be deemed to be the acceptance of the equipment or waiver of
rejection thereof.
b) - 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 afore mentioned, the
inspector may remove the rejected equipment and will return the same to the
contractor at the risk and cost of the contractor by such mode of transport and
retain such portion of the proceeds, if any from such disposal as may be
necessary to recover any expenses incurred in connection with such disposals
(or any price refundable as consequence of such rejection). The North Eastern
Railway 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.
36-Arbitration:
f) - In
the event of any question of dispute or difference arising under these
conditions or any special condition of contract or instructions to tenders or
in connection with this contract the same shall be referred to the sole
arbitration of a Gazetted Railway Officer appointed to be a Arbitrator by
General Manager , North Eastern Railway
, Gorakhpur . The Gazetted Railway Officer to be appointed as Arbitrator,
however, will not be one of those who had an opportunity to deal with the
matter to which the contract relates or who in the course of his duties as a
railway servant had expressed views on all or any of the matter under dispute
or difference. The award of the arbitrator shall be final and binding on the
parties to this contract.
g)- In the
event of the Arbitrator denying neglecting refusing to act, or resigning or
being unable to act for any reason or his award being set aside by the court
for any reason, it shall be lawful for the authority appointing the arbitrator
to appoint another arbitrator in place of the out going arbitrator in the
manner aforesaid.
h)- Work
under the contract , if reasonably possible if so decided by the NORTH EASTERN
RAILWAY may continue during the arbitration proceedings and no payment due to
or payable by the NORTH EASTERN RAILWAY shall be withheld on account of such
proceedings .
i)
The venue of arbitration shall be the place from which the contract is
issued such other place as the
arbitrator at his discretion may determine.
j)
In this clause the authority to appoint the arbitrator includes, if
there be no such authority the officer, for the time being discharging the
functions of that authority, whether in addition to other, functions or
otherwise the provision of G.C.C.1999 and Arbitration and conciliation Act 1996
shall be applicable in the subject.
37- Completion
Schedule:
The contractor shall
complete the work in accordance with delivery schedule indicated in the
schedule of requirement/ technical specification.
38- Water
and electricity required for the works will be supplied free of cost by Railway.
However, in case of any break down in water & power supply Railways is not
liable to pay towards any loss incurred by the contractor on this account.
Necessary space will be provided by Railways free of cost for storage of
material. However, Railway shall not be responsible for safety of the items.
The space shall under no circumstances be used for any other purpose.
39-The
contractor shall be penalized by way of fine amounting up to Rs. 10000/-( Ten
thousand only ) for each offence by DRM(Medical//NE Railway, or by his
representative if in his opinion the performance of the contractor with the
contractual work is not up to his entire satisfaction. The contractor shall not sublet the contract in whole or
in part thereof in any circumstances whatsoever to any of the agency or
person(s) during the entire contractual period.
40. Any
notice to be served on the contractor (s) shall be deemed to be sufficiently
served if delivered at his/ their registered office or last known place of
business in GKP. Any notice to be served by the contractor on the Railway
Administration shall be deemed to be sufficiently served if delivered at the
office of the DRM (Medical/, N.E.Railway, Lucknow or sent by the registered
post addressed to the Divisional Railway Manager, Medical North Eastern
Railway, Lucknow.
41-
Vehicles & Equipment of contractor can be drafted by Railway Administration
in case of accident /nature calamities involving human lives.
42- Non
judicial stamp duly properly purchased from State Treasury will have to be
deposited by the successful tenderer in terms of Indian stamp Act prior to the execution of the contract agreement.
Genuineness of the stamp papers being utilized will be responsibility of the
party entering to agreement with Railway.
In witness where of the said parties here to
have set their hands at the place and on the dates herein after mentioned
respectively.
For and on
behalf of President of India
DRM
(Medical )
N.E.Railway/Lucknow
Witnesses:
1…………………..
Name
Address: Signature
of the contractor
Name & Address of Contractor
2…………………….
Name
Address:
The High pressure machine shall have
following in – built features:
1.
The
machine shall be user friendly, lightweight having Rubber type wheel mounted
trolley, and manometer.
2.
The
high pressure machine shall be supplied with necessary attachment, which can
clean drains.
3.
The
machine shall have all the protection devices such as overloading protection
overheating protection etc.
4.
The
mechanized system shall be capable of giving a minimum pressure of 150 bars
continuously variable.
5.
The
machine shall have a maximum water discharge rate of 10 to 15 liters/minute.
6.
The
mechanized systems for washing tracks shall not draw load of more that 5 kw.
7.
The
weight of the machine shall not be more than 50 Kg and it shall require minimum
space for storage.
8.
The
machine should operate on single phase 230 V. AC.
9.
Manufacturing
company should comply with national and
international safety standards and should be ISO 9001 CERTIFIED COMPANY