Kolkata Metro

ELECT/M/411/DigitizationofDrawing
1

METRO RAILWAY,
33 / 1, J. L. NEHRU ROAD,
KOLKATA-71.

TENDER NO. ELECT/M/411/Digitization of Drawing, Date: 06.02.2014

PART - III

TENDER FOR Digitization and Printing of the existing Third Rail drawings
etc. from Noapara to Mahanayak Uttam Kumar.
ISSUED BY:

Dy. CHIEF ELECTRICAL ENGINEER/MAINT.
METRO RAILWAY
33 / 1, J. L. NEHRU ROAD (6
th
floor)
KOLKATA 71.

ISSUED TO:
M/S __________________________
___________________________
___________________________

BOOK NO.
Cost of Tender Document:
Part II & III: Rs. 1,000/-


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PART-II
OPEN TENDER NO. ELECT/M/411/Digitization of Drawing, Date: 06.02.2014
INDEX
S/No Description Page No.
PART III
1. Chapter 1 Tender Notice 3 to 4
2. Chapter 2 - Notes to Tenderer 5
3. Chapter 3 - Special Conditions of Tender 6 to 19
Tender Forms 20 to 37 4.
Chapter 4
Quoted Tender rate (Enclosure to Form-1) 24
5. Chapter 5 - Explanatory Notes 38
6. Annexure-I Check List 39


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PART III
CHAPTER1
METRO RAILWAY
33 / 1, J. L. NEHRU ROAD
KOLKATA 700071

TENDER NOTICE

Dy. Chief Electrical Engineer/Maint. Metro Railway, Kolkata for and on behalf of the
President of India invites Open Tender in sealed cover on prescribed form, for the
following works, from bonafide, reliable and established firms having adequate capacity
& experience of Digitization and Printing of Drawing.

Tender No. ELECT/M/411/Digitization of Drawing, Date:06.02.2014
Name of work Digitization and Printing of the existing Third Rail drawings
etc. from Noapara to Mahanayak Uttam Kumar.
Period of contract Three (3) months from the date of commencement of
work.
Tender value
Rs.1, 68,000/-(Rupees One lakhs sixty eight thousand
only) .
Earnest Money
Rs.3360/- (Rupees Three thousand three hundred sixty
only).
Issue of Tender document From 24.02.2014 to 11.03.2014
Cost of Tender document
Rs.1, 000/- (Rupees one thousand only) (non-refundable)
(part II & III).
Date and time of submission Up to 15:00 hours of 12.03.2014
Date and time of opening At 15:30 hours .of 12.03.2014

2. Web Address: Tender notice and Tender Document can be downloaded
from
www.mtp.indianrailways.gov.in or www.kolmetro.com/tenders/index.html

3. The intending tenderer(s) desirable to have experience of executing any work
involving in the field of Digitization and Printing of Drawing. Tenderer(s)
has/have to submit supportive documents /certificates from the organization with
whom they worked/are working along with the offer. Certificate from the private
individuals /organization for whom such works are executed/ being executed
shall not be accepted.

4. Issue of tender document will not, however, automatically mean that the tenderer
is fully qualified and Metro Railway reserves the right of assessing the capacity
and capability of the tenderer to execute the contemplated contract, should the
circumstances so warrant.

5. The tender document is not transferable and cost of tender document is not
refundable.
6. The Tenderer should have valid certificate of registration, for Digitization of
Drawing, issued by the Government. A copy of the certificate shall be enclosed
with the offer.

7. Any delayed / late offer shall not be considered.


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8. In case the date of opening of tender as mentioned in tender notice is declared
to be a holiday, the tender shall be submitted and opened on next working day at
the same time and venue

9. Tenderer(s) may carefully note that their contract agreement for this works is
liable to be terminated at any time later, in case any of the information furnished
by them is found to be untrue or any adverse point comes to light subsequently.
The decision of Railway in this regard shall be final and binding.

10. Tender document (not transferable) can be obtained in person from the office of
Chief Electrical Engineer, Metro Railway, Kolkata at 6
th
floor, Metro Bhawan after
depositing the cost of tender document under head of allocation 9365299(O&M)
with FA&CAO (Cash & Pay), Metro Railway, Metro Rail Bhawan, 33/1, J.L.
Nehru Road (1
st
floor), Kolkata 7000071 and production of the cash receipt on
any working day up to 1500 hrs.

11. The tender notice and tender document can also be downloaded from Website-
www.mtp.indianrailways.gov.in or www.kolmetro.com/tenders/index.html.The
cost of tender document have to be deposited in the form of Bankers Cheque /
Pay order / Demand Draft in favour of Financial Advisor and Chief Accounts
Officer, Metro Railway, Kolkata. at the time of submission of tender paper
without which the tender will be summarily rejected.

12. Railway Administration will not be responsible for any delay/difficulty /
inaccessibility of the downloading facility for any reason whatsoever. In case of
any discrepancy between the tender documents downloaded from internet and
the master copies available in this office, the latter shall prevail and will be
binding to the tenderer(s). No claim on this account will be entertained.

13. Tender complete in all respect with all documents and prescribed forms shall be
submitted in a sealed envelope. The envelope shall be superscribed as "Tender
No. ELECT/M/411/Digitization of Drawing, Dated 06.02.3014.The envelope
containing the tender shall be dropped in the tender box placed for this purpose
in the office of the Chief Electrical Engineer, Metro Rail Bhavan (6
th
floor ), 33/1
J.L. Nehru Road, Kolkata- 700071 on or before the time and date of
submission of tender given in tender notice.

14. Tender duly sealed and superscribed as above may also be sent through
Registered Post so as to reach the Dy. Chief Electrical Engineer/Maint, Metro
Railway, Metro Rail Bhavan (6
th
floor ), 33/1 J.L. Nehru Road, Kolkata- 700071
not later than the time and date of submission given in the tender notice.
However, Metro Railway will not be responsible for any delay in receipt of
tenders through Post.

15. Joint Venture/Consortium is not permitted to participate in this tender.

Dy Chief Electrical Engineer/Maintenance
Metro Railway, Kolkata
For and on behalf of
The PRESIDENT OF INDIA


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Part-III
Chapter-2

3.2 Notes to the Tenderer against Tender no. ELECT/M/411/Digitization of
Drawing, Date: 06.02.2014
The offer bid, comprising offer letter (Form-1), including enclosure to Form -1 (duly
filled up in the original tender document and duly signed on each page as issued by
Metro Railway/down loaded from website), and other information including
guaranteed technical particulars as asked for as per performa given in the tender
document shall be submitted in duplicate in separate sealed envelope. Offers shall
be marked original and duplicate accordingly. The offer should be valid for 120 days
initially from the date of opening of the tender as indicated in offer letter(Form-1).
3.2.1 The price quoted by the tenderer and accepted by Metro Railway shall
hold good till completion of the work.

3.2.2 Before submitting their offer, the tenderer should carefully read the
tender conditions, specifications, tender schedules. Tenderer should
submit their queries etc. if any in writing at least 7 days in advance of
the date of opening.

3.2.3 Tenderer shall do the page numbering of the offer documents and
shall put up index sheet on top of the offer document clearly indicating
item wise page numbers. They should also fill up check sheet given at
the end of tender document.

3.2.4 The original tender document issued to the tenderer or downloaded
from the website (as the case may be) is required to be submitted
along with the offer, duly signed and stamped on each page by the
authorized signatory of the tenderer.

3.2.5 Tenderer have to quote the percentage (%) above/below/at par in
the price bid (enclosure to form-1)on the total cost indicated in
the schedule of prices (SCHEDULE-1) by Metro Railway. Rates of
individual items of schedule-1 (FORM-2) shall not be altered.
3.2.6 Offer complete in all respect shall be submitted in the enclosed
prescribed forms in sealed envelope. The envelope shall be
superscribed as "Tender No ELECT/M/411/Digitization of Drawing,
Date: 06.02.2014 for Digitization and Printing of the existing Third Rail
drawings etc. from Noapara to Mahanayak Uttam Kum. The envelope
shall be dropped in the sealed tender box available in the office of the
Chief Electrical Engineer, Metro Rail Bhavan (6
th
floor ), 33/1 J.L.
Nehru Road, Kolkata- 700071 - on or before the time and date of
submission of tender given in tender notice.
3.2.7 The Tender Box shall be sealed exactly at half an hour before
opening of the tender and shall be opened on the same day at
Chief Electrical Engineers Office, Metro Bhavan, Kolkata-700
071(6
th
Floor) in presence of the tenderers or their authorized
representatives who would like to be present in the office on
aforesaid date and time.


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PART-III
CHAPTER-3

3.3 SPECIAL CONDITIONS TO TENDER NO. ELECT/M/411/Digitization of
Drawing, Date: 06.02.2014
3.3.1 SCOPE:
This tender relates to the Digitization and Printing of the existing Third Rail
drawings etc. from Noapara to Mahanayak Uttam Kumar vide Items covered
in Schedule-1 in Form-2.
3.3.2 Object:
(i) The special conditions set hereunder refers specifically to the work stated in
the tender notice. All these conditions shall be read in conjunction with
schedule of work (Form-2). The drawing to be made after making/ updating
the existing 3
rd
Rail system in Metro Railway, Kolkata in consultation with the
Dy.CEE/M representative.
(ii) Works under this contract shall be carried out in accordance with special
conditions of the contract mentioned hereunder; specifications and schedule
of work contained in the tender document.
(iii) General conditions of tendering and conditions of contract (Electrical)
Part I , 3
rd
edition, 1988 , Metro Railway, Kolkata as amended up to date
and designated, as Part-I shall be binding in this contract in all matters
unless otherwise specifically stated here or elsewhere in the tender
document. Intending tenderers who are willing to collect the copy of the
same, may collect the same on production of cash receipt for Rs.100/-
(Rupees one hundred only) creditable to allocation-20819808 (O&M)
towards the cost of the tender document Part-I, after depositing the amount
with FA&CAO (Cash & Pay), Metro Railway, 33/1 J.L. Nehru Road (1st
floor), Kolkata 7000071 on any working day.
3.3.3 PERIOD OF COMPLETION:
Various works included in this tender are to be completed within the stipulated
time frame from the date of issue of letter of acceptance (LOA) as per the
following schedule, time being the essence of the contract.
Contract Period
i) Date of issue of Letter of Intent / D
Letter of Acceptance

ii) Completion of entire works of D + 3 months


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Schedule-1.
3.3.4 FOREIGN EXCHANGE:
No foreign exchange shall be provided by the purchaser to the contractor
at any stage for the works under this contract.
3.3.5 EARNEST MONEY:
3..3.5.1The tenderer shall deposit earnest money of Rs.3,360/- (Rupees Three
thousand three hundred sixty only) with the tender for their due
performance with the stipulation to keep the offer open till such date as
specified in the tender notice under the conditions of the tender.
3.3.5.2 It shall be understood that the tender documents have been sold/issued
to the tenderer and the tenderer is permitted to tender in consideration of
stipulation on his part, that after submitting his tender he will not resile
from his offer or modify the terms and conditions thereof in a manner not
acceptable to the Purchaser/Engineer. Should the tenderer fail to observe
or comply with the said stipulation, the aforesaid amount shall be liable to
be forfeited by the Railway.
3.3.5.3 In case of successful tenderer, the accepted earnest money mentioned in
sub clause 3.3.5.1 above will be retained as part of the security deposit
for the due and faithful fulfillment of the contract as stated in Clause
3.3.13 in this chapter. The Earnest Money of other tenderers shall be
returned to them, but the Railway shall not be responsible for any loss or
depreciation that may happen thereto while in their possession, nor be
liable to pay any interest thereon.
3.3.5.4 The earnest money should be submitted in any of the prescribed manner
as indicated below:
(i) In cash, to be deposited with the FA&CAO (Cash & Pay), Metro Railway,
33/1, J.L.Nehru Road, Kolkata 700071 creditable to allocation-
000845-07(O&M) and the receipt to be submitted along with the tender
document.
(ii) Deposit receipts, pay orders and demand drafts of the State Bank of
India or of any of the nationalised/scheduled bank, approved by RBI in
favour of FA&CAO, Metro Railway, Kolkata (Government securities,
postal order etc. are not permissible). Cheques even if guaranteed by
Bank, will not be accepted towards earnest money.
3.3.5.5 Earnest money in the form other than those mentioned in paras 3.3.5.4(i)
and 3.3.5.4(ii) shall not be accepted and therefore the tender shall be
liable to be summarily rejected.
3.3.5.6 No previous earnest money or security deposit etc submitted earlier in
connection with any tender/s floated by this Railway whatsoever will be


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adjusted towards the present tender nor any such request or
correspondence shall be entertained.
3.3.5.7 No interest shall be paid by Metro railway on earnest money.
3.3.5.8 The Earnest Money of the unsuccessful tenderer will be refunded within
a reasonable time through NEFT system only. NEFT mandate Form
annexed herewith to be filled up accordingly. The tenderer should also
furnish the PAN No along with their offer.
3.3.6 ADVANCE TO CONTRACTOR:
The existing clause No1.1.35 of the General Conditions of Contract Part
(I) (Electrical) is deleted and substituted by the following:
No advance shall be given to the contractor by Metro Railway.
3.3.7 Arbitration Clause:
The entries under sub para 1.2.49.2 of General Conditions of the
Tendering and condition of contract (Electrical) Part I shall be substituted
by the following:
3.3.7.1 (i)- Demand for Arbitration :-
In the event of any dispute or difference between the parties here to as to
the construction or operation of this contract, or the respective rights and
liabilities of the parties on any matter in question, dispute or difference on
any account or as to the withholding by the Railway of any certificate to
which the Contractor may claim to be entitled to, or if the Railway fails to
make a decision within 120 days, then and in any such case, but except in
any of the 'excepted matters'. Contractor, after 120 days but within 180
days of his presenting his final claim on disputed matters, shall demand in
writing that then dispute or difference be referred to arbitration.
(ii) - The demand for arbitration shall specify the matters which are in
question, or subject of the dispute or difference as also the amount of
claim item wise. Only such dispute(s) or difference (s) in respect of which
the demand has been made, together with counter claims or set- off,
given bv the Railway, shall be referred to arbitration and other matters
shall not be included in the reference.
(ii)(a) - The arbitration proceedings shall be assumed to have
commenced from the day a written and valid demand for arbitration is
received by the Railway.
(b) The claimant shall submit his claim stating that the facts supporting the
claims alongwith all relevant documents and the relief or remedy sought


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against each claim within a period of 30 days from the date of
appointment of the Arbitral Tribunal.
(c) The Railway shall submit its defense statement and counter claim(s), if
any, within a period of 60 days of receipt, of copy of claims from Tribunal
thereafter, unless otherwise extension has been granted by Tribunal.
(d) "Place of arbitration:- The place of - arbitration would be within the
geographical! limits of the Division of the Railway where the cause of
action arose or the Headquarters of the concerned Railway or any other
place with the written consent of both the parties.
(iii) - No new claim shall be added during proceedings by either party.
However, a party may amend or supplement the original claim or defence
thereof during the course of arbitration proceedings subject to acceptance
by Tribunal; having due regard to the delay in making it.
(iv) - If the Contractors) does / do not prefer his/their specific and final
claims in writing, within a period of 90 days of receiving the intimation
from the Railways that the final bill is ready for payment, he/they will be
deemed to have waived his/their claim(s) and the Railway shall be
discharged and released of all liabilities under the contract in respect of
these claims.
3.3.7.2 Obligation during pendancy of arbitration :- Work under the contract shall
unless otherwise directed by the engineer, continue during the
arbitration proceedings and no payment due or payable by the railway
shall be withheld on account of such proceedings, provided, however, it
shall be open for Arbitral Tribunal to consider and decide whether or
not such work should continue during arbitration proceedings.
3.3.7.3 (a) (i)- In cases where the total value of all claims in question added
together does not exceed Rs. 10,00,000/- (Rupees ten lakhs only), the
Arbitral tribunal shall consist of a sole arbitrator who shall be a
gazetted officer of Railway not below JA grade, nominated by the
General Manager. The sole arbitrator shall be appointed within 60
days from the day when a written and j valid demand for arbitration is
received by GM.
(ii) - In cases not covered by clause' ' 3.3.7.3 (a)(i), the
Arbitral Tribunal shall 1 consist of a panel of three Gazetted Rly.
Officers not below JA grade or 2 Railway Gazetted Officers not below
JA Grade and a retired Railway Officer, retired not below the rank of
SAG Officer, as the arbitrators. For this purpose, the Railway will send
a panel of more than 3 names of Gazetted Rly. Officers of one or more
departments of the Rly. which may also include the name(s) of retired
Railway Officer(s) empanelled to work as Railway Arbitrator to 'the


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contractor within 60 days from the day when a written and valid
demand for arbitration is received by the GM. Contractor will
be asked to suggest to General Manager atleast 2 names out of the
panel for appointment as contractor's nominee within.30 days From
the date of dispatch of the request bv Railway. The General Manager
shall appoint at least one out of them as the contractor's nominee and
will, also simultaneously appoint the balance number of arbitrators
either from the panel or from outside the panel, duly indicating the
'presiding arbitrator from amongst the 3 arbitrators so appointed.
GM shall complete this exercise of appointing the Arbitral Tribunal
within 30 davs from the receipt of the names of contractor's
nominees. While nominating the arbitrators it will be necessary to
ensure ' that one of them is from the Accounts department. An officer
of Selection
1
Grade of the Accounts Department shall be considered of
equal status to the officers in SA grade of other departments of the
Railway for the purpose of appointment of arbitrators.
(iii) In one or more of the Arbitrators appointed as above refuses to
act as Arbitrator, withdraws from his office as Arbitrator, or vacates
his/their office/offices or is/are unable or unwilling to perform his
functions as Arbitrator for any reason whatsoever or dies or in the
opinion of the General Manager fails to act without undue delay, the
General Manager shall appoint new Arbitrator/Arbitrators to act in
his/their place in the same manner in which the earlier
Arbitrator/Arbitrators had been appointed. Such reconstituted Tribunal
may, at its discretion, proceed with the reference from the stage at
which it was left by the previous Arbitrator (s).
(iv) The Arbitral Tribunal shall have power to call for such evidence by
way of affidavits or otherwise, as the Arbitral Tribunal shall think
proper shall be the duty of the parties hereto- to- do or cause" to be
done all such things as may be necessary to enable the Arbitral
Tribunal to make the award without any delay. The Arbitral Tribunal
should record day-to-day proceedings. The proceedings shall normally
be conducted on the basis of documents and written statements."
The Arbitral Tribunal shall have power to call for such evidence by way
of affidavits or otherwise as the Arbitral Tribunal shall trunk proper,
and it shall be the duty of the parties hereto to do or cause to be done
all such things as may be necessary to enable the Arbitral Tribunal to
make the award without any delay.
(v) While appointing arbitrators) under sub-clause (i), (ii) & (iii) above,
due care shall be taken that he/they is/are not the one/those who had
an opportunity to deal with the matters to which the contract relates or
to who in the course of his/their duties as Railway servant(s)


11

expressed views on all or any of the matters under dispute or
differences. The proceedings of the Arbitral Tribunal or the award
made by such Tribunal will however, not be invalid merely for the
reason that one more Arbitrator had in the course of his service,
opportunity to deal with the matters to which the contract relates or
who in the course of his/their duties expressed views on all or any of
the matters under dispute.
(b)(i) - The Arbitral award shall state item-wise, the sum and reasons
upon which it is based. The analysis and reasons shall be detailed
enough so that the award could be inferred there from."
(ii) A party may apply for corrections of any computational errors, any
typographical or clerical errors or any other error of similar nature
occurring in the award and the interpretation of a specific point of
award to Tribunal within 60 days of receipt of the award.
(iii) - A party may apply to tribunal within 60 days of receipt of award to
make an additional award as to claims presented in the arbitral
proceedings but omitted from the arbitral award.
3.3.7.4 In case of the Tribunal consisting of three members, any ruling or award
shall be made by a majority of Members of Tribunal. In the absence of
such a majority, the views of the Presiding Arbitrator shall prevail.
3.3.7.5 Where the arbitral award is for the payment of money, no interest shall
be payable on whole or any part of the money for any period till the
date on which the award is made.
3.3.7.6 The cost of arbitration shall be borne by the respective parties. The
cost shall inter-alia include fee of the arbitrator(s) as per the rates fixed
by the Railway Board from time to time and the fee shall be borne
equally by both the parties. Further, the fee payable' to the arbitrator(s)
would be governed by the instructions issued on the subject by Railway
Board from time to time irrespective of the fact whether the arbitrator(s)
is/are appointed by the Railway Administration or by the court of Law
unless specifically directed by Hon'ble court otherwise on the matter"
3.3.7.7 Subject to the provisions of the aforesaid Arbitration and Conciliation
Act'1996 and the rules there under and any statutory modifications
thereof shall apply to the arbitration proceedings under this clause.
3.3.8 VARIATION IN CONTRACT QUANTITIES
The procedure detailed below shall be adopted for dealing with
variations in quantities during execution of works contracts:


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3.3.8.1 Individual NS items in contracts shall be operated with variation of plus or
minus25% and payment would be made as per the agreement rate. For
this, no finance concurrence would be required.
3.3.8.2 In case an increase in quantity of an individual item by more than 25% of
the agreement quantity is considered unavoidable, the same shall be
got executed by floating a fresh tender. If floating a fresh tender for
operating that item is considered not practicable, quantity of that item
may be operated in excess of 125% of the agreement quantity subject
to the following conditions:
(a) Operation of an item by more than 125% of the agreement quantity
needs the approval of an officer of the rank not less than S.A. Grade;
(i) Quantities operated in excess of 125% but upto 140% of the
agreement quantity of the concerned item, shall be paid at 98% of the
rate awarded for that item in that particular tender;
(ii) Quantities operated in excess of 140%but upto 150% of the
agreement quantity of the concerned item shall be paid at 96% of the
rate awarded for that item in that particular tender;
(iii) Variation in quantities of individual items beyond 150% will be
prohibited and would be permitted only in exceptional unavoidable
circumstances with the concurrence of associate finance and shall be
paid at 96% of the rate awarded for that item in that particular tender.
(b) The variation in quantities as per the above formula will apply only to
the Individual items of the contract and not on the overall contract
value.
(c) Execution of quantities beyond 150% of the overall agreemental
value should not be permitted and, if found necessary, should be only
through fresh tenders or by negotiating with existing contractor, with
prior personal concurrence of FA & CAO/ FA & CAO (C) and approval
of General Manager.
3.3.8.3 In cases where decrease is involved during execution of contract:
(a)The contract signing authority can decrease the items upto 25% of
individual item without finance concurrence.
(b) For decrease beyond 25% for individual items or 25% of contract
agreement value, the approval of an officer not less than rank of S.A.
Grade may be taken, after obtaining 'No Claim Certificate' from the
contractor and with finance concurrence, giving detailed reasons for
each such decrease in the quantities.


13

(c) It should be certified that the work proposed to be reduced will not
be required in the same work.
3.3.8.4 The limit for varying quantities for minor value items shall be l00% (as
against 25% prescribed for other items). A minor value item for this
purpose is defined as an item whose original agreement value is less
than 1% of the total original agreement value.
3.3.8.5. No such quantity variation limit shall apply for foundation items.
3.3.12.6 As far as SOR items are concerned, the limit of 25% would apply to the
value of SOR schedule as a whole and not on individual SOR items.
However, in case of NS items, the limit of 25% would apply on the
individual items irrespective of the manner of quoting the rate (single
percentage rate or individual item rate).
3.3.8.7 For the tenders accepted at Zonal Railways level, variations in the
quantities will be approved by the authority in whose powers revised
value of the agreement lies.
3.3.8.8 For tenders accepted by General Manager, variations upto 125% of the
original agreement value may be accepted by General Manager.
3.3.8.9 For tenders accepted by Board Members and Railway Ministers,
variations upto110% of the original agreement value may be accepted
by General Manager.
3.3.8.10 The aspect of vitiation of tender with respect to variation in quantities
should be checked and avoided. In case of vitiation of the tender (both
for increase as well as decrease of value of contract agreement),
sanction of the competent authority as per single tender should be
obtained.
3.3.9 SECURITY DEPOSIT:
(A)The Earnest Money deposited by the successful tenderer will be retained
towards a part of the Security Deposit for the due and faithful fulfillment of the
contract by the contractor. The balance to make up the Security Deposit, the
rates for which are given below, may be deposited by the Contractor in cash
or may be recovered by percentage deduction from the Contractor's "On
account" bills. Provided also that in case of defaulting Contractor's the
Railway may retain any amount due for payment to the Contractor on the
pending "On account bills" so that the amounts so retained may not exceeds
10% of the total value of contract.
(B) Unless otherwise specified in the Special Conditions, if any the Security
Deposit / rate of recovery / mode of recovery shall be as under:


14

(a) Security Deposit for the 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 only from the running bills of the
contract .
Security Deposit shall be returned to the contractor after the physical
completion of the work and after passing the final bill based on 'No Claim
Certificate' from the contractor. The Competent Authority shall normally be
the authority who is Competent to sign the contract. If this Competent
Authority is of the rank not lower than JA Grade, then a 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 respects 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 S.D, an unconditional and unequivocal no
claim certificate by the contractor concerned should be furnished.
However, after the work is physically completed, security deposit recovered
from the running bills of a contractor can be returned to him if he so desires,
in lieu of FDR/irrevocable Bank Guarantee for equivalent amount to be
submitted by him.
3.3.10 PERFORMANCE GUARANTEE (P.G.)
3.3.10.1 The successful bidder shall have to submit a Performance Guarantee
(PG) within 30 (thirty) days from the date of issue of Letter Of Acceptance
(LOA). Extension of time for. submission of PG beyond 30 (thirty) days
and upto 60 days from the date of issue of LOA may be given by the
Authority who is competent to sign the contract agreement. However, a
penal interest of 15% per annum shall be charged for the delay beyond 30
(thirty) days, i.e. from 31st day after the date of issue of LOA. In case the
contractor fails to submit the requisite PG even after 60 days from the
date of issue of LOA, the contract shall be terminated duly forfeiting EMD
and other dues, if any payable against that contract. The failed contractor
shall be debarred from participating in re-tender for that work.
3.3.10.2 The successful bidder shall submit the Performance Guarantee (PG) in
any of the following forms, amounting to 5 % of the contract value:
(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


15

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 Certificates; (viii) Twelve years National Defence Certificates; (ix)
Ten years Defence Deposits; (x) National Defence Bonds and(xi) Unit
Trust Certificates at 5%below market value or at the face value whichever
is less.
Also, FDR in favour of FA & CAO (free from any encumbrance) may be
accepted.
NOTE: The instruments as listed above will also be acceptable for
Guarantees in case of Mobilization Advance.
3.3.10.3 The Performance Guarantee shall be submitted by the successful
bidder after the Letter Of Acceptance (LOA) has been issued, but
before signing of the contract agreement. This P.G. shall be initially
valid upto the stipulated date of completion plus 60 days beyond that.
In case, the time for completion of work gets extended, the contractor
shall get the validity of P.G. extended to cover such extended time for
completion of work plus 60days.
3.3.10.4 The value of PG to be submitted by the contractor will not change for
variation upto 25% (either increase or decrease). In case during the
course of execution, value of the contract increases by more than
25%of the original contract value, an additional performance Guarantee
amounting to 5%(five percent) for the excess value over the original
contract value shall be deposited by the contractor."
3.3.10.5 The Performance Guarantee (PG) shall be released after the physical
completion of the work and after passing the final bill based on 'No
Claim Certificate' from the contractor. The Security Deposit shall,
however, be released only after expiry of the contract period and after
passing the final bill based on 'No Claim Certificate' from the contractor.
3.3.10.6 Whenever the contract is rescinded, the Security Deposit shall be
forfeited and the Performance Guarantee shall be encashed. The
balance work shall be got done independently without risk & 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 JV or a Partnership firm, then every member/partner of
such a firm shall be debarred from participating in the tender for the
balance work in his/her individual capacity or as a partner of any other
JV/partnership firm.
3.3.10.7 The engineer shall not make a claim under the Performance Guarantee
except for amounts to which the President of India is entitled under the


16

contract (not withstanding and/or without prejudice to any other
provisions in the contract agreement) in the event of:
(i)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.
(ii)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 Engineer.
(iii)The Contract being determined or rescinded under provision of the
GCC, the performance Guarantee shall be forfeited in full and shall be
absolutely at the disposal of the President of India.
3.3.11 SPECIAL INSTRUCTION TO TENDERERS:
3.3.11.1 The general conditions of tendering and conditions of contract (Part-I) of
electrical department issued by chief Electrical Engineer, Metro Railway,
Kolkata 700071 shall be binding in this contract in all matters unless
otherwise specifically stated else where in the tender papers. The
tender document shall be filled in accordance with the instructions
contained in the general conditions of tendering and conditions of
contract (Electrical). The tenderers shall quote their offer for the entire
work, not for a portion of the work.
3.3.11.2 It shall be noted by the tenderer that Statutory Variation of Taxes and
Duties in clause 1.3.8 of GCC Part-I and the standard price variation in
clause 1.3.12 of GCC part I shall not be applicable for this instant
tender
The price quoted by the Tenderer and accepted by Metro Railway shall
hold good till completion period of the contract.
3.3.11.3 The instant work has to be done in time schedule as indicated in the
completion of work vide Para 3.3.3 or as approved by Metro Railway

3.3.11.4 In addition to Clause no. 1.2.45.3 and 1.2.45.4 of GCC Part-I (Lien in
respect of sums claimed in other contracts), following Clause is added:
However, recovery of claims of Railway in regard to terminated
contracts may be made from the Final bills, Security Deposits and
Performance Guarantee of other contract or contracts executed by the
contractor. The Performance Guarantees submitted by the contractor
against other contracts, if required, may be withheld and encashed. In


17

addition, 10% of each subsequent on account bill may be withheld, if
required, for recovery of Railways dues against the terminated
contract.
3.3.11.5 Tenderer have to quote the percentage (%) above/below/at par in the
price bid on the total cost indicated in the schedule of prices (FORM-2)
by Metro Railway. Rates of individual items of schedule-1 (Form-2)
shall not be altered.
3.3.12 PAYMENT AND RECOVERY TERMS:
3.3.12.1 100% (Hundred percent) payment shall be made against submission
of on account bill / final bill on satisfactory completion of the works
duly signed by the contractor or his authorized representative having
accepting the measurement recorded in the measurement book in a
complete manner duly certified by the competent authorized
representative of Metro Railway, Kolkata for satisfactory completion of
the works.

3.3.12.2 Income tax @ 2% on the gross amount of the bill and surcharge and
any cess applicable thereof shall be deducted from bills at source in
accordance with the relevant provision of the Income Tax Act.
Tenderers should mention their PAN number in the offer for the same
purpose.
3.3.12.3 Works contract tax @ 3% shall also be deducted from the gross
amount of bills (subject to any other amendments from time to time)
unless an exemption certificate from the appropriate authority against
deduction is submitted. Necessary tax deduction certificate to this
effect however will be issued by Metro Railway.
3.3.12.4 Tenderer should submit current and valid VAT registration
certificate along with their offer and also with each bill.

3.3.13 As per clause 1.2.20.7 of GCC,if the contractor fails to complete the
works within the time prescribed the purchaser shall if satisfied that the
works can be completed by the contractor within a reasonable short
time thereafter, be entitled, without prejudice to any other right or
remedy available on that behalf, to recover by the way of ascertained
and liquidated damages a sum equivalent to one half of one percent of
the contract value of the works for each week or part of week the
contractor is in default and allow the Contractor such further extension
of time as the Engineer may decide. For the purpose of this clause,
the contract value of the works shall be taken as value of work as per
contract agreement including any supplementary work order/contract
agreement issued.


18

Provided also, that the total amount of liquidated damages under this
condition, shall not exceed the under noted percentage value or of the
total value of the item or groups of items of work for which a separate
distinct completion period is specified in the contract.
(i) For contract value up to Rs. 2 lakhs - 10% of the total value of
the contract.
(ii) For contracts valued above Rs. 2 lakhs - 10% of the first Rs.2
lakhs and the 5% of the balance.
3.3.14 The existing clause 1.2.20.7 of GCC provides for recovery of
liquidated damages from the contractor for delay in completion of
work. The competent authority while granting extension to the
currency of contract under clause 1.2.20.7 of GCC may also consider
levy of token penalty as deemed fit based on the merit of the case.

3.3.15 National Electronic Fund Transfer (NEFT) Mandate
The Tenderers are required to fill up the National Electronic Fund
Transfer (NEFT) Mandate Form enclosed with the Tender Document.
3.3.16 The tenderer should furnish the PAN No along with their offer.
3.3.17 LAST DATE FOR SUBMISSION OF TENDERS:
Tender shall be submitted in the manner prescribed in para 1.1.26 of
Part I on date and time as given in tender notice, in the office of the
Chief Electrical Engineer, Metro railway, 33/1, J.L.Nehru Road (6
th

floor) Kolkata 700071. Tenders not complete in all respect and not
received in time are liable to be summarily rejected. Tenderers are
advised to drop the tender documents either personally or through
authorised representatives into the tender box which is marked for the
specified work. The said tender box shall be sealed at time and date as
given in tender notice.
3.3.18 DATE OF OPENING OF TENDER.
The tender shall be opened on date and time as given in tender notice.
3.3.19 ADDRESSES:
The relevant address for various purpose, connected with the
tender are given below :


19

Sl.
No
Purpose/Connected with the tender Address
1.0 General Correspondence & submission of
Tender
Dy.Chief Elecrical
Engineer /Maint, Metro
Railway, 33/1,J.L.Road
(6
th
floor), Kolkata
700071.
2.0 Earnest Money & Security FA&CAO (Cash & Pay),
deposits (In cash only)
Metro Railway, 33/1,
J.L.Nehru Road (1st
floor),Kolkata 700071.
3.0 Others such as Draft ,Pay order For
Earnest Money & Security Deposit and
Bank Guarantee for Security Deposit only
Financial Advisor and
Chief Accounts Officer,
Metro Railway, Kolkata-
700 071.
4.0 Place of opening of tender Office of the Chief
Elecrical Engineer, Metro
Railway, 33/1, J.L.Nehru
Road (6
th
floor),
Kolkata 700071.


20

PART III
CHAPTER4

3.5 TENDER FORM:
One copy of each of the following prescribed forms are enclosed as samples and
the Tenderer shall submit their offer in duplicate copy in respective forms as
enclosed in terms of para 1.1.28 of Part I (GCC).

(i) Offer letter :Form-1
(ii) Quoted tender rate in percentage : Enclosure to Form -1
(iii) SCHEDULE-1 :Form-2
(Schedule of prices)
(iv) Tenderers scheme of : Form-4
work and time schedule
(v) Tenderers credentials : Form-5

(vi) Guarantee bond for security : Form-8 (latest)
deposit
(vii) Agreement bond : Form-10(Latest)
(viii) NEFT mandate form


21

FORM-I
OFFER LETTER

From : M/s _______________________________________________
(name & address)
_______________________________________________
_______________________________________________
To,

The President of India
Acting through the Dy. Chief Electrical Engineer/Maintenance,
Metro Railway, 33/1, J.L. Nehru Road,
Kolkata: 700071

Dear Sir,
Sub: Open tender no. ELECT/M/411/Digitization of Drawing, Date: 06.02.2014
for Digitization and Printing of the existing Third Rail drawings etc. from Noapara
to Mahanayak Uttam Kumar.
1.0 I/we the undersigned hereby offer to execute the work relating to work
mentioned above within the time specified in form-4, and in strict
compliance with the provisions detailed in the tender papers as mentioned
in para 1.1.1.5 of the instructions to tenderers and condition of tendering as
per general conditions of tendering and conditions of contract (Electrical )
contained in Part-I of tender document 3
rd
Edition, 1988 and thereof and its
subsequent correction slip, if any, issued from time to time and the special
conditions appearing in tender document (Part II & III ) of the tender No.
ELECT/M/411/Digitization of Drawing, Date:06.02.2014 as modified by this
tender at such rates as are specified in schedules appended hereto.
2.0 I/we agree that this tender shall not be restricted or amended or impaired
or derogated from or withdrawn and shall remain open for acceptance for a
period of 120 (one hundred and twenty) days from the date fixed for
opening of same or for a further period as may be mutually agreed upon
and I/we shall be bound by a communication of acceptance. In default I/we
shall be liable for forfeiture of my/our earnest money deposit of Rs. 3,360/-
(Rupees Three thousand three hundred and sixty only) submitted along
with this offer.


22

3.0 I/we have fully read and understood the terms, conditions and other
provisions as contained in the tender papers and I/we agree that same shall
apply to my/own tender as modified by my/our tender and I/we shall be bound by
them.
4.0 I/we have deposited with the FA&CAO (Cash & Pay), Metro Railway,
Kolkata71 a sum of Rs. (Rupees ) as
earnest money in respect of this tender for which receipt no.
dated has been granted (in compliance of clause 1.1.5 of Part-I).
OR
5.0 I/we enclosed the bank draft /pay order in favour of Financial Adviser &
Chief Account Officer, Metro Railway, Kolkata vide no .
dated drawn on .. (Name of the bank)
branch .. towards earnest money in respect of this tender.

6.0 I/we have not engaged retired engineer/retired gazetted officers of any of
the railways owned and administered by the PRESIDENT OF INDIA.

OR
This list of retired engineer/s or retired gazetted officer/s who is/are
associated with me/us is enclosed as an enclosure to this office letter.
7.0. The conditions as stipulated in the General conditions of tendering and
condition of contract ( Electrical ), Part I, 3rd edition , 1988 ( reprint 1997 ) are
read by me/us. I / We understand that all prices quoted by me/us are firm. The
price variation Clause 1.3.12, Statutory variation in taxes and duties Clause.
1.3.8 and advance clause 1.1.35 as appearing in para 3.3.6 of the Tender
document are not applicable to this Tender. I/We shall abide by the said Tender
conditions.
8.0 If I / We do not furnish the Performance Guarantee in terms of the
Tender Conditions vide Clause-3.3.10 of the Tender Documents, which is a
pre-requisite for commencing the work:
(a) The full amount of the Earnest Money of Rs.3360/- (Rupees Three
thousand three hundred sixty only). shall stand forfeited.
(b) Even after furnishing the Performance Guarantee as above if I/we do not
commence the works within 30 days of furnishing the Performance Guarantee
(or within 30 days or after receipt of orders to that effect whichever is earlier) or if
I /we do not execute the agreement within 7days after receipt of notice issued by
the Railway to the effect that such document are ready for execution the Railway


23

shall be entitled to take action against me/us as per clause 1.2.48 of the said
conditions of contract (Electrical ) treating that I/we have abandoned the
contract.
9.0 Until a formal agreement is proposed and executed, letter of acceptance
shall constitute a binding contract between us subject to modifications as may be
mutually agreed to between us and indicated in this letter of acceptance for
my/own offer for the work.
10.0 I/we have gone through Part-I, II and III of tender document and I/we
agree that the same shall be binding for this contract.
11.0 A complete set of original tender document and its duplicate (Part II & III
except drawings) along with its correction slip (if any) is enclosed herewith duly
stamped and signed at each page.

Seal of the tenderer Signature of the tenderer (s)
Place : Address :
Date :
Witnessed by :
1. Signature : 2. Signature
(i) Name in block capitals : (ii)Name in block capitals:
Address Address:


24

ENCLOSURE TO FORM-1
QUOTED TENDER RATE
(PERCENTAGE ABOVE/BELOW/AT PAR)
OPEN TENDER NO ELECT/M/411/Digitization of Drawing, Date:06.02.2014
Name of Work: Digitization and Printing of the existing Third Rail drawings etc. from
Noapara to Mahanayak Uttam Kumar.
Sl.
No
Description of
Work
Schedule Ref Metro Railway's
Estimated Cost
Quoted Tender Rate (in % in
Fig and Words)
1 Digitization and
printing of drawing
and supply the
same in CAD
format and also
hard copy polyester
drafting film as per
exting size of
drawing and
supplying the same
in soft copy in the
form of CD.
Schedule-1 Rs. 1,68,000/-

________% Above/Below/At
par( in figures )
________percentage Above
/Below/At par( in words)

Total Rs, 1,68,000/-
Metro Rly.'s Total estimated cost (In words): Rupees one lakh, sixty eight thousand
only.
NOTE: (i) The Tenderer should quote the Percentage (%) above/ below/ at par
on the total cost as indicated above by Metro Railway for the work schedule.
(ii) The Tenderer should not quote any Percentage (%) above/ below/ at
par in the schedule of prices or against individual item.
(iii) In case of At par Zero (0) % to be indicated.
Signature of the Tenderer


25

FORM-2
TENDER No ELECT/M/411/Digitization of Drawing, Date: 06.02.2014
.
Name of work: Digitization and Printing of the existing Third Rail drawings etc.
from Noapara to Mahanayak Uttam Kumar.

Sl no. Description of work Unit Oty. Rate/unit
(Rs.)
Total cost for all units
(Rs.)
1. Dizitization & printing of drawings and supply
the same in CAD format and also hard
copy in polyester drafting film as per existing
site of drawing and also supplying the same
in soft copy in the form of CD.
Square
Meter
70 2,400.00 1,68,000.00

Total estimated cost 1,68,000.00
Total value (In words): Rupees One lakhs sixty eight thousand only.


26

FORM4

TENDERS SCHEME OF WORK AND TIME SCHEDULE

Contract Period

i) Date of issue of Letter of Intent / D
Letter of Acceptance

ii) Completion of entire works of D + 3 months
Schedule-1.

_____________________

Signature of Tenderer


27

Form - 5

1. Name & Address of the Firm (Tenderer)

2. Give details of previous experience of experience of Digitization and Printing
of Drawing at Govt. Office / semi-Govt. organisation.

a) Nature of work done:.
b) Location.
c) Authority, who awarded the contract.
d) Contract value.
e) Period during which the works executed.

3. Any other relevant particulars.

Signature of Tenderer with Seal


28
FORM8
(latest)
On Non judicial Stamp paper worth Rs 50.00 (or latest as per Stamp duty)

GUARANTEE BOND FOR PERFORMANCE GUARANTEE

1. In consideration of the President of India acting through the Financial Adviser
& Chief Accounts Officer, Metro Railway, Kolkata (hereinafter called The
Government) having agreed to exempt (hereinafter
called The Contractor(s)) from the demand under the terms and conditions of an
Agreement/ LOA vide No: datedmade between M/s
(Name of the firm) having its head office .. and Metro
Railway, Kolkata for (Name of Work & Tender No) (hereinafter called The said
Agreement) of Security Deposit for the due fulfilment by the said contractor(s) of the
terms and conditions contained in the said Agreement, on production of Bank
guarantee for Rs () only.
We, (Name & address of Bank) (hereinafter referred to as The Bank) at the
request of M/s (Name of firm) Contractor(s) do hereby undertake to pay to
the Government an amount not exceeding Rs .. against any loss
or damage caused to or suffered or would be caused to or suffered by the
Government by reason of any breach by the said Contractor(s) of any of the terms
and conditions contained in the said Agreement.

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

3. We undertake top pay to the government any money or demanded not
withstanding any dispute or dispute(s) raised by the contractor(s)/ supplier(s) in


29
any suit or proceeding pending before any court or tribunal relating thereto our
liability under this present being absolute and unequivocal.

The payment so made by us under this bond shall be valid discharge of our liability
for payment there under and the Contractor(s)/ supplier(s) shall have no claim
against us for making such payment.

4. We, (name & address of Bank) further agree that the Guarantee herein
contained shall remain in full force and effect during the period that would be taken
for performance of the said agreement and that it shall continue to be enforceable
all the dues of the government under or by virtue of the said agreement have been
fully paid and is claim satisfied or discharged or till (date) Metro Railway,
Kolkata (Office /department), Ministry of Railway certified that the terms and
conditions of the said agreement have been fully and properly carried out by the
said contractor(s) and accordingly discharged the guarantee. Unless a demand or
claim under this guarantee is made on us in writing on or before
(date) . We shall discharged from all liabilities under this guarantee thereafter.
5. We, (name & address of Bank) further agree with the government that the
government shall have the fullest liberty without our consent and without affecting
in any manner our obligations hereunder to vary any of the terms and conditions of
the said agreement or extend time of performance by the contractor(s) form time to
time or to postpone for nay time or from time to time any of the powers exercisable
by the government against the said contractor(s) and to forbear or enforce any of
their terms and conditions relating to the said agreement and we shall not be
relieved from our liability by reason of any such variation, or extension being
granted to the said Contractor(s) or for any forbearance act or omission on the part
of the government or any indulgence by the government to the said contractor(s) or
any such matter or thing whatsoever which under the law relating to sureties would,
but for this provision, have effect of so relieving us.
6. This guarantee will not be discharged due to the change in the constitution of
the Bank or the Contractor(s)/ supplier(s).
7. The bank hereby also declare that it has the power to issue this guarantee in
favour of the government under this constitution of the bank as provided in the
banking companies (acquisition and transfer of undertaking) Act, 1970 and the
undersigned has full power to do so as branch manager.
8. We, (name & address of Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the government
in writing.
Notwithstanding anything contained herein:


30
a. Our liability under the Bank Guarantee shall not exceed Rs
(Rupees . only).
b. The bank guarantee shall be valid upto .
c. We are liable to the pay the guarantee amount or any part thereof under this
bank guarantee only and only if you serve upon its. a written claim on or
before (date) i.e. date of expire of this guarantee.

Dated: the day of 2014

Seal of Bank Signature of the authorized
signatory
for name & address of the bank. &
stamp


31
Form-9A
TO BE EXECUTED ON A NON-JUDICIAL STAMP PAPER OF RS.50/-(or latest)
PROFORMA FOR INDEMNITY BOND FOR MATERIALS SUPPLIED BY THE
RAILWAY TO THE CONTRACTORS .
1. We, M/s __________________________________________ hereby
undertake that we hold for at
_________________________________________________________for and on
behalf of the PRESIDENT OF INDIA acting in the premises through the CHIEF
ELECTRICAL ENGINEER, METRO RAILWAY, KOLKATA ( herein after
referred to as the purchaser ) and as his property in trust for him all imparted
/indigenous materials, equipment etc. which have been handed over to me/us as
detailed in the enclosed Annexure against in contract for
__________________________________________ vide Letter of Acceptance
No._______________________________________________ dated
_____________2014 of Tender No. : ELECT/M/411/Digitization of Drawing, Date:
06.02.2014
__________________________-by the purchaser for the purpose of execution of
the said contracts until such time the materials equipment etc. are duly erected or
otherwise handed over to him.
2. We shall be entirely responsible for the safe custody and protection of the
said materials /equipments etc. against all risks till they are delivered as erected
equipment to the purchaser or as he may direct otherwise and shall indemnify the
purchaser against any loss, damage or deterioration whatsoever in respect of the
said disposal of surplus materials/equipment s etc. The said materials/ equipments
etc. shall at all tune be open for inspection by any officer authorised by the
purchaser.
3. Should any loss, damage or deterioration of materials/equipments etc. occur
surplus or materials/equipments etc. disposed off and a refund becomes due, the
purchaser shall be entitled to recover from us the full cost of materials/equipment
etc. as per the price included in the above contract and also compensation for such
loss or damage, if any , along with the amount to be refunded without prejudice to
any other remedies available to him by deduction from any sum due or any sum
which at any time hereafter become due to us under the said contract at any other
contract.
4. Further, we shall take out and keep in force a policy/s of insurance for all
materials /equipments etc. handed over to us by the Metro Railway as per clause no.
1.2.60 of part-.I general conditions of tendering and conditions of contract
(Electrical).
5. Detail of materials/equipments taken over from Metro Railway .


32
________________________________________________________
SN Description Make Quantity Cost
__________________________________________________________
1 2 3 4 5.

Dated this .day of 2014

for and on behalf of

(Contractors ) Signature

M/s _______________________________

Signature of witness _______________________________
Name of witness in Block Letter _________________________________
Address ____________________________________


33
FORM-10
(Latest)
METRO RAILWAY
33/1, J.L.Nehru Road
Kolkata 700 071

A G R E E M E N T

AGREEMENT NO. MR/ELECT Date / /2014

1.0 NAME OF THE WORK : ---------------------------------------------------

1.1 OPEN TENDER NO. : ----------------------------------------------

1.2 APPROX. CONTRACT VALUE : Rs.--------------------------------------

(Rupees ------------------------------------------------------------- only)

1.3 NAME OF THE CONTRACTOR: M/S-------------------------------------------------
----------------------------------------------------
----------------------------------------------------
1.4 DATE OF COMPLETION :----------------------------------------------------

2.0 MEMORANDUM OF AGREEMENT made this .day of in the year two
thousand ..between THE PRESIDENT OF INDIA acting in the premises through
., METRO RAILWAY, KOLKATA 71 having his
head office at Metro Rail Bhavan, 33/1, J.L. Neheru Road, Kolkata 700 071 (herein
after referred to as THE METRO RAILWAY ADMINISTRATION being the
PURCHASER which terms unless excluded by or repugnant to the subject or context
shall include his successor or successors in office and assigns) of the ONE PART AND,
.. Sole Proprietor carrying on the business in the
name and style of MESSERS .( In case sole
proprietor firm) / MESSERS . a company
incorporated under companies act, 1956 and having their registered office at
. (herein after referred to as THE
CONTRACTORS, Which term unless excluded by or repugnant to the subject or context


34
shall include their respective executor, administrations, legal heirs, legal representative,
successors and permitted assigns) of the OTHER PART.
2.1 WHEREAS in response to a call as per Tender No.: for (Name
of Work)
., Metro Railway, Kolkata, as per copy annexed for Part-II &III and
Part-I of the GCC having guide line for this contract as per clause 3.3.2(iii) of Part-III of
tender documents hereto as per copy annexed and collectively marked as annexure-A
from page 1 to ----, the contractor has submitted the tender after studying the Part-I and
agreed the same shall be binding to the contract as per Para 10 of the offer letter i.e.
Form-1, the said contractor submitted their offer to the Metro Railway Administration,
Kolkata under their offer No. Dt: ..&
. Dt: as per copy annexed and
collectively marked as Annexure B from page . to page hereto after inspecting
in due course, the proposed site and surrounding of the work specified in the tender
document and satisfying themselves by careful examination as to the forms, nature and
degree of accessibility of the site of works and local condition, the quantities, nature and
magnitude of the works, the availability of labour and material necessary for the
execution of the works, the means of access to site, the supply of power and water
thereto and the accommodation required and after making independent local enquiries
and obtaining complete and full information as to the matters and things referred to or
implied in the tender documents or having any connections therewith and also having
considered the nature and extent of all probable and possible situation, delays,
hindrances or interferences to or with the execution and completion of the work to be
carried out under the contract and having examined and considered all other matters,
conditions, and things and probable and possible contingencies and generally all matters
incidental thereto and ancillary thereof effecting the due execution and completion of the
work and which might have influenced them in making the tender and submitting the
same to the Metro Railway Administration, Kolkata i.e. the purchaser.
2.2 AND WHEREAS IN RESPONSE TO THE SAID tender of the contractors as at
Annexure B hereto as modified have been accepted and approved by the Metro
Railway Administration under its Letter of Intent No. . Dt: .
and finally approved and accepted by Metro Railway Administration under its Letter of
Acceptance no. No:.. Date: . & further modified by its
modified letter of acceptance No: (if any).. Date:
.. as per copy annexed and marked as Annexure `C at pages from
.. to . hereto and all these form part of this contract though separately set
out herein and are deemed to be included in the expression contract wherever herein
used.
AND
2.3 WHEREAS it is understood by and between the Metro Railway Administration, Kolkata
and the contractor that upon acceptance by the Metro Railway Administration of the said
tender, these presents shall be executed upon the terms conditions herein contained.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND
DECLARED AS FOLLOWS:-
2.3.1 In consideration of the payment to be made to the contractors for the works to be
executed by them, the contractors hereby covenant with the Metro Railway


35
Administration that the contractors shall and will duly provide, execute and complete the
said works and shall do and perform all other acts and things in the contract mentioned

or described or which are to be implied therefore or may be reasonably necessary for the
completion of the said works and at the time and in the manner as prescribed by & under
and according to:
a. The terms and conditions or stipulations mentioned in the contract and tender
document
b. The provisions, instructions, terms and conditions as contained herein in the Part-I of
the tender documents under the caption Metro Railway, Kolkata, Electrical
Department, General conditions of tendering and conditions of contract (Electrical)
Part-I, 3
rd
Edition, 1988 and its subsequent correction slips if any issued from time to
time which has been agreed by the contractor vide Para 10 of the offer letter i.e.
Form-1 and the same shall be binding to the contract
c. All the necessary documents and letters arising from the stage of inviting of the
tenders to the stage of accepting the same conclusively, determine the rights and
obligations of both the parties under the contract as agreed upon thereto shall form a
part of this agreement.
PROVIDED ALWAYS that where any of the provisions, instructions, terms and
conditions in General Conditions of Tendering and Conditions of Contract can not
be reconciled to or is repugnant to any of the provisions, instructions, terms and
conditions in the said tender documents, the latter shall prevail.
2.3.2 In consideration of the due provisions, executions and completion of the said works,
the Metro Railway Administration, Kolkata do hereby agree with the contractor that
the Metro Railway Administration, Kolkata, will pay to the contractors the respective
amounts and/or amount for the works actually done by them and approved by the
Metro Railway Administration at the rates and in the manner as provided for in the
contract, such payment to be made at such time and in such manner as provided for
in the contract.
AND
2.3.3 In consideration of the due provisions, execution and completion of the said works
the contractors do hereby agree to pay such sum and/or sums as may be due and
payable to the Metro Railway Administration for the services and supplies rendered
and/or effected by the Metro Railway Administration, Kolkata to the contractors as set
forth in the said contract and such other sums as may became payable to the Metro
Railway Administration on account of loss or damages to the suppliers, materials,
equipments, plant and machineries made available to the contractor by the Metro
Railway Administration and other services rendered, such payments to be made at
such time and in such manner as provided in the Contract.
2.3.4 In case of any legal dispute, other than arbitration matter under the Arbitration and
Conciliation Act, 1996 arise out of the contract that shall be decided by Civil court of
competent jurisdiction within Kolkata.

3.0 IN WITNESS WHERE OF the parties have hereunto set and subscribed their
respective hands and/or seals of these presents, the day month and year
respectively mentioned against their respective signatures.

---------------------------------- ----------------------------------------------signed
and delivered for & Signature of
On behalf of the PRESIDENT Metro Railway, Kolkata
OF INDIA by ., for and on behalf of the
. PRESIDENT OF INDIA.
METRO RAILWAY, KOLKATA


36

In presence of:-
1. Name in Block letters ::
Signature ::
Address ::

2. Name in Block Letters ::
Signature ::
Address
::
Signed, sealed and delivered for and on (
Signature of the Contractor )
behalf of the contractor.
dated:
In presence of:-
1. Name in block letter ::
Signature ::
Address ::
2. Name in Block letter ::
Signature ::
Address ::

Encl.: Annexure A from page No. .. to .
Annexure B from page No. ... to


37
NEFT MANDATE FORM
FROM Date: / /

To
F.A.& CAO
METRO RAILWAY
Kolkata.
Sub: Willingness to Receive Payment through NEFT System
We refer to the National Electronic Fund Transfer (NEFT) System being set
up by Metro Railway, Kolkata for remittance of our payments using
STEP/NEFT/RTGS scheme and confirm that we are agreeable to our payments
being made through the above scheme to our under noted account:
NAME OF ORGANISATION AND ADDRESS:
IFSC CODE :
MICR CODE :
BANK NAME :
BRANCH NAME :
BANK ADDRESS
BRANCH TELE/FAX NO. :
ACCOUNT (CORE BANKING SYSTEM) NO. : :
TYE OF ACCOUNT :
We have agreed to accept all the terms and conditions of Electronic Fund
Transfer System, as enclosed herewith. A Xerox copy of the cheque leaf is attached
herewith for necessary action at your end.
Encl: As stated above

Signature & stamp.
Confirmed by Bank


38

PART-III
CHAPTER 5

3.5 EXPLANATORY NOTES TO SCHEDULE1

3.5.1 The rates quoted shall be read in conjunction with Scope of works
mentioned in Part III, Chapter 3, Special conditions of the contract in
Part III, Chapter 3.
3.5.2 Item No 1 of schedule of prices.

Price is covered in Schedule-1 in Form-2.The drawing to be made after updating the
existing 3
rd
Rail system/other Electrical system in Metro Railway, Kolkata in
consultation with the Dy.CEE/M representative.
Before supply of Digitized drawing approval to taken from the Railway Authority in hard
copy.


39

ANNEXURE-I

CHECK SHEET
*Please read instruction carefully before quoting the rate.

Tenderer should fill up the following table indicating yes/no and page nos. of offer

******************END OF TENDER DOCUMENT*****************
Sl.
No.
Item Tenderers remark
(Yes/No)
Reference offer
Page nos.
1. Cost of Tender Document is
submitted

2. Earnest Money is submitted
3. NEFT Mandate Form submitted
4. Copy of PAN card enclosed
5. Submitted Offer Letter in Form-1
6. *Submitted Quoted Tender Rate
(Enclosure to Form-1)

7. Submitted Tenderers scheme of
work in Form-4

8. Submitted Tenderers credentials in
Form-5A, if any.

9. Submitted Original Tender
documents and Correction Slip, if
any (duly signed in each page)

Kolkata Metro

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