TurnkeyProject BidDocument NoidaExtension

Indian Railway Welfare Organization
INDIAN RAILWAY WELFARE ORGANIZATION Railway Office Complex, Shivaji Bridge, Behind Shankar Market, New Delhi 110001 http://www.irwo.in/
TENDER DOCUMENT FOR CONSTRUCTION OF MULTI-STOREYED FLATS ON TURNKEY BASIS, INCLUDING TRANSFER OF LAND, AT NOIDA EXTENSION (GREATER NOIDA)
Document ID No.: IRWO/Tender/Turnkey/Noida Extension/2012-13/1 Name and address of the Tenderer to whom issued: .. .. .. .. Date of issue: Issued by: .
Construction of multistoried flats on turnkey basis at Noida Extension
Page 1 of 81

DISCLAIMER The information contained in this tender document (the Tender document) or any other document subsequently provided to a Tenderer pursuant to this Tender document, whether verbally or in documentary form by or on behalf of the Indian Railway Welfare Organization (IRWO), their employees or any of its agencies/consultants/advisors, is provided to the Tenderer(s) on the terms and conditions set out in this document and all other terms and conditions subject to which such information is provided. Tenderer(s) should ensure that Tender document is complete in all respects. In the event that the Tender document or any part thereof is damaged or missing, the Tenderer(s) shall notify IRWO immediately at the following address: INDIAN RAILWAY WELFARE ORGANIZATION Railway Office Complex, Shivaji Bridge, Behind Shankar Market, New Delhi 110001 Attn: Shri Y P Gulati, General Manager (General) Tel: (011) 23413627 Fax: (011) 23411173 In the event such written notice is not received at the aforementioned office within 7 days from the date of issue of the Tender document to the Tenderer(s), the Tender documents received by the Tenderer(s) shall be deemed to be complete in all respects. The purpose of this Tender document is to provide the Tenderer(s) with information to assist the formulation of their Tender. This Tender document does not purport to contain all the information for all the persons, and it is not possible for IRWO, their employees or any of its agencies/consultants/advisors to consider the business/investment objectives, financial situation and particular needs of each Tenderer who reads or uses this Tender document. Each Tenderer should conduct its own investigation and analysis, and should check the accuracy, reliability and completeness of the information in this Tender document and where necessary obtain independent advice from appropriate sources. IRWO, their employees or any of its agencies/consultants/advisors make no representation or warranty, express or implied, and shall incur no liability under any law, statute, rule or regulation as to the accuracy, reliability or completeness of this Tender document. IRWO may in its own discretion, but without being under any obligation to do so, update, amend or supplement the information in this Tender document.
Page 2 of 81

BID DETAILS 1. Receipt of Queries from Intending Tenderers for pre-bid meeting Date and Time of Pre-Bid Meeting Last date and time for receipt of Duly completed Bid Documents Date and Time of Technical Bid Opening Tender document Fee By 17th August 2012 : 16.00 Hrs
2. 3.
30th August 2012 : 11.30 Hrs 28th September 2012 : 15.00 Hrs
4.
28th September 2012 : 15.30 Hrs
5.
6. 7.
Approximate Cost of the Work Earnest Money Deposit Amount
Rs. 10,000/- (Rupees Ten Thousand Only) and Rs. 10,500/- if Tender document is requested by post Rs. 115 crores Rs 50 lakhs (Rs. Fifty Lakhs only) (Refundable) in the form of Demand Draft/ Banker's cheque favouring Indian Railway Welfare Organization payable at New Delhi
8.
Place of Pre-Bid Meeting and for opening IRWO Corporate Office, , Railway of Bids Office Complex, Behind Shankar Market, New Delhi 110001
Page 3 of 81

CONTENTS OF ENVELOPES 1. OUTER ENVELOPE Covering Letter of Tender, duly completed and signed by the Tenderer (as per Tender Form E1) Checklist (as per Clause 4.2 of Section C) in the format at Annexure C1 Demand Draft / Bankers Cheque for Tender Document Fee (in case the Tender Documents have been downloaded from IRWO website) Demand Draft / Bankers Cheque for Earnest Money Sealed Packet 1 Sealed Packet 2 General Information about the Tenderer (as per Tender Form E2) with Company profile, Memorandum and Articles of Association, etc. Joint Tendering Agreement (as applicable, if the Tender is submitted by a Consortium of Firms) (as per Tender Form E3) Power of Attorney for appointing Lead Member duly attested by notary public (applicable for a Consortium) (as per Tender Form E4) Power of Attorney in favour of the Authorised signatory of Tender documents duly attested by notary public (as
2. SEALED PACKET-1 : TECHNICAL BID -
Page 4 of 81

per Tender Form E5) Technical Proposal of the Tenderer (as per Tender Form E6) Information for Technical Bid (as per Tender Form E7) including supporting details
- Affidavit (as per Tender Form E7A) - The original Tender document issued to the Tenderer (or the full Tender document downloaded from IRWO website), duly initialled on all pages by the Authorised Signatory as a token of acceptance, except the Form of Price/Financial Bid. 3. SEALED PACKET-2 : FINANCIAL / PRICE BID Financial / Price Bid (as per Tender Form E8)
Page 5 of 81
Section A Section B Section C Section D Section E Section F
Tender Notice Draft Agreement Instructions to the Tenderers Details of the Work, Eligibility, Technical Specifications & Special Conditions Tender Forms IRWOs General Conditions of Contract
The successful Tenderer shall enter into a formal agreement with IRWO as per the format in Section B. This format along with the Instructions to Tenderers which is being issued as Section C of the Tender document, must be read in conjunction with the other sections of the Tender document as indicated below. The details of the work Construction of Multistoried Flats on Turnkey basis at Noida Extension, the eligibility conditions, technical specifications and the other special tender conditions are indicated in Section D. Section E provides necessary Tender Forms for Tenderers to prepare their offer for the Tender for implementation of the Project. Section F contains IRWOs General Conditions of Contract (those which have not already been provided as part of Section D). The Tenderers are advised to submit their Offers within the stipulated date and time complying with the requirements stipulated in all the sections of this tender document. Tenders are liable to be disqualified in case they are incomplete or non-responsive, and if the information is not submitted as per the prescribed Tender Forms.
Page 6 of 81

TABLE OF CONTENTS Section A B C Item Notice Inviting Tender Draft Agreement Instructions to the Tenderers Purchase of Tender Documents Earnest Money & Security Deposit Submission of Tender Documents Opening of Tender Validity of the offer Rejection of tenders Cost of preparation of tender Language of Tender Tender Format and Signing of Tender Confidentiality Pre-bid meeting Annexure C1 Details of the Work, Eligibility, Technical Specifications & Special Conditions Introduction Name of the Work Eligibility Criteria Consortium Number & Type of Dwelling Units Scope of Work Details of Dwelling Units to be Constructed Definition of Super Built-Up Area (SBA) Sample Flats Car Parking Spaces Guarantee for Handing Over Possession of Dwelling Units Specifications Community Centre / Club House and Commercial Area Period of Completion The Price Bid Technical Bid Details Financial / Price Bid Details Payment Terms Annexure D1 Annexure D2 Tender Forms Instructions Documents to be submitted as part of the Page Number 9 11 14 14 15 16 17 17 17 17 18 18 18 19
21 21 21 22 23 23 24 24 25 25 26 26 26 27 27 28 29 29 34 35 39 39
Page 7 of 81

Tender Covering Letter of Tender Tender Form E1 General Information about the Tenderer Tender Form E2 Joint Tendering Agreement Tender Form E3 Tender Format of Power of Attorney for Appointing the Lead Member Tender Form E4 Power of Attorney in favour of Authorised Signatory of Tender documents - Tender Form E5 Tenderers Technical Proposal Tender Form E6 Information for Technical Bid Tender Form E7 Affidavit - Tender Form E7A Price / Financial Bid Tender Form E8 IRWOs General Conditions of Contract General Obligations Execution of Works Certificates & Payments Labour Determination of Contract Settlement of Disputes 40 42 43 44
48
50 51 54 55 56 60 68 74 76 79
Page 8 of 81

Section A NOTICE INVITING TENDER Approximate Earnest Period of Value of the Money Completion Work IRWO/Tender/Turnkey/Noida Construction of Multi- Rs 115 Rs. 50 42 Months Extension/2012-13/1 storeyed Flats, including crores lakhs transfer of land, on Turn-key basis at Noida Extension (Greater Noida). Managing Director, Indian Railway Welfare Organisation (IRWO), Railway Office Complex, Shivaji Bridge, Behind Shankar Market, New Delhi-110001 invites offers for the said Tender in Two-packet format for Turnkey Housing Project for provision of about 400 dwelling units of various types in Sectors 1,2,3,4, 16, 16B, 16-C & Technical Zone IV of Noida Extension (Greater Noida). The offer should include transfer of clear and marketable title of unencumbered land by the Tenderer to IRWO on which the housing complex would be constructed. Prospective Tenderers who fulfill the following eligibility criteria may obtain Tender documents from IRWOs above address at New Delhi after 23rd July 2012 and up to 27th September 2012 on the payment of Rs. 10,000/- by a Demand Draft or Bankers Cheque (or Rs. 10,500/- by post) in favour of Indian Railway Welfare Organisation, payable at Delhi. IRWO takes no responsibility for any delay / loss of documents or correspondence sent by courier or post. Tender Document may also be downloaded from IRWOs website at http://www.irwo.in/ 1) The Sole Tenderer or one of the members of the Consortium should be in possession of a clear and marketable title of the land. Further, the said land should be free from any encumbrances (litigations, disputes, mortgage etc). The said land should be duly allotted by Greater Noida Industrial Development Authority (GNIDA), for group housing and it should be duly transferable to IRWO, as per GNIDAs by-laws. Gross Turnover of the Sole Tenderer or the aggregate gross turnover of the members of the Consortium for the last four consecutive financial years ending 31st March, 2011 from building works should be at least Rs. 115 Crores. Turnover from such works in the preceding one financial year ending 31st March, 2011 should not be less than Rs.29 Crores. The Sole Tenderer or the Lead Member, in case of Consortium, should have either successfully completed at least one work of Group Housing (with multi-storeyed buildings) of value of Rs. 115 Crores or more, or should have completed at least two works of the value of Rs. 58 Crores or more each during the last four consecutive years. Tender No. Name of Work
2)
3)
A pre-bid meeting will be held on 30th August 2012 at 11.30 hrs in IRWOs office to clarify any points that the prospective Tenderers may have regarding the Tender.
Page 9 of 81
Offers should be strictly in accordance with the tender specifications & General Instructions to the Tenderer (s) enclosed herewith. The duly completed Tender Document along with Earnest Money amounting to Rs. 50 lakhs in the form of a Account Payee Demand Draft or Bankers Cheque drawn in favour of Indian Railway Welfare Organisation payable at Delhi (and Tender Document Fee of Rs. 10,000/- in case of Tenderers who download the Document from the website), should reach the Managing Director at the above address at New Delhi by 15.00 hours on 28th September 2012. Packet-1 shall be opened on the same day at 15.30 hours. Offers with deviations from terms and conditions of this tender are likely to be rejected. IRWO reserves the right to accept or reject any of the bid / all bids with or without deviation or cancel / withdraw the invitation for bid without assigning any reason whatsoever and in such case no Tenderer(s) shall have any claim arising out of such action by IRWO.
Page 10 of 81

SECTION B DRAFT AGREEMENT Articles of Agreement (Agreement) made on this day ............. of.............. 2012 between, Indian Railway Welfare Organisation, a society registered under the Societies Registration Act XXI of 1860 and having its registered office at Railway Office Complex, Behind Shankar Market, New Delhi - 110 001 (hereinafter referred to as "IRWO" which expression shall unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successor in office, executor, administrator, assignees) of the one part; and M/s .................................... having its office at .......................................... herein after referred to as the "Developer", which expression shall unless it be repugnant to the context or meaning thereof, be deemed to mean include his heir, executor, administrator and assignees) of the other part. IRWO and Developer are hereinafter individually referred to as Party and collectively as Parties. WHEREAS A. IRWO is desirous of Construction of multi-storeyed flats, including transfer of land for the construction of the said flats, on Turn-key basis at Noida Extension (Greater Noida) for Indian Railway Welfare Organisation. B. The Developer has been furnished the Specifications duly prepared by the IRWO, describing the works to be done. on the basis of the notice inviting tenders, instructions to Tenderers, general and special conditions of contract, technical specifications have been signed by or agreed to be executed upon and subject to the conditions set-forth herein (hereinafter referred to as the said Conditions) and the Special Conditions and specifications of the work described in the said specifications and included in the Schedule of Rates at rates therein set forth amounting to the sum of Rs. ................................ (Rupees ........................................ only) hereinafter referred to as " Contract Amount" and more specifically detailed out in Section D, below.
And whereas the Developer has deposited with the IRWO the sum of Rs. 50 lakhs (Rupees Fifty Lakhs only) as the earnest money which shall become part of the security deposit to be retained until the expiry of the defects liability period for the due observance and performance of this contract. And whereas the Developer has furnished a Bank Guarantee bearing no.[] dated [] for a sum of Rs. [] executed by [] in favour of IRWO towards Security Deposit valid upto [] And whereas the Developer hereby agrees to extend the validity of the Bank Guarantee for such further period or periods as may be required by IRWO and if the Developer fails to obtain such extension(s) from the Bank, the Developer, shall pay forthwith or accept recovery of Rs. [] from the bills in one installment and the Developer further agrees that failure to extend the validity of the Bank Guarantee or failure to pay the
Page 11 of 81

aforesaid amount in the manner specified above shall constitute breach of contract. In addition to above, IRWO shall be entitled to take such action as deemed fit and proper for recovering the said sum of Rs. []. (Above provisions relating to Bank Guarantee to be incorporated only if Security Deposit is furnished in the form of a Bank Guarantee before the execution of the Agreement: Ref. Para 3.6 of Section C of this document) NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND DECLARED AS FOLLOWS; 1. In consideration of the said Contract Amount to be paid at different period of time and in the manner set forth in the said Conditions, the Developer shall, upon and subject to the said Conditions execute and complete the work described as per the said specifications and / or the schedule of rates and other conditions and within Forty Two (42) months of the date of the commencement of the work which shall be no later than [insert date] The commencement of work will be taken as the date of issue of the letter of acceptance / order for award of the contract. The Developer clearly understands that time is of the essence of the contract, and penalty will be imposed for delay in execution of the work, as per terms of the contract, in addition to compensation for delay in handing over the dwelling units. The IRWO shall pay to the Developer the said Contract Amount or such other sum as shall become payable at the times as hereinafter specified in the said Conditions. Whenever under this contract or otherwise, any sum of money shall be recoverable from or payable by the Developer, the same may be deducted in the manner as set out in the General Conditions of Contract or other conditions governing this Agreement. All charges on account of Octroi, Terminal and other taxes including sales tax or other duties on material obtained for execution of the said works shall be borne and paid by the Developer The following document (s) shall be deemed to form and be read and construed as part of the Agreement along-with the amendments, negotiated and confirmed in various subsequent letters exchanged as mentioned hereinafter : i) ii) iii) iv) v) vi) vii) Notice Inviting Tender; Instructions to Tenderers; Details of the Work, Eligibility, Technical Specifications & Special Conditions; Tender Forms; General Conditions of Contract; IRWOs letter IRWO /NO. dated ..2012 to the Developer for award of the contract; Developers letter No. ------------------ dated . to IRWO in acceptance of the award of contract.
2.
3.
4.
5.
6.
7.
8.
Parties hereto shall respectively abide by submitting themselves to the Conditions and comply with the performance of the said Agreement on their part respectively in such Conditions stated in the Tender Document.
Page 12 of 81

IN WITNESS WHEREOF, the Parties hereto have signed this agreement on the date and place first written above. 1. SIGNED BY THE SAID IRWO (First Party) Indian Railway Welfare Organisation In the presence of Name Address 2. SIGNED BY THE SAID DEVELOPER (Second Party)
In the presence of Name Address
Page 13 of 81

SECTION C INSTRUCTIONS TO THE TENDERERS INDIAN RAILWAY WELFARE ORGANIZATION (IRWO), invites Tenders from real estate Developers (hereinafter referred to as the Tenderer) for: Construction of Multistoried Flats, including transfer of land, on Turnkey basis at Noida Extension (Greater Noida) 2. 2.1. Purchase of Tender Documents. The Tender document can be purchased from the registered office of IRWO at Railway Office Complex, Behind Shankar Market, New Delhi - 110 001 from 23rd July 2012 to 27th September 2012, between 11 am and 4 pm on any working day (Monday to Friday, excluding Gazetted holidays) on payment of Rs. 10,000/- (Rupees Ten Thousand only) through non-refundable demand draft / bankers cheque in favour of Indian Railway Welfare Organization, payable at New Delhi. Tenderers who download the Tender document from the IRWO website (http://www.irwo.in/) must submit a Tender Document Fee of the same amount in the form of a non-refundable demand draft/ bankers cheque along with their Tender. Tender document can also be obtained by post by sending Rs 10,500/- through non-refundable demand draft/bankers cheque in favour of Indian Railway Welfare Organization, payable at New Delhi to IRWOs registered office. Earnest Money and Security Deposit The Tenderer is required to deposit Rs 50 lakhs (Rupees Fifty Lakhs Only) as earnest money (the Earnest Money) in the form of Demand Draft / Bankers Cheque of any Nationalized Bank payable at Delhi/New Delhi in favour of Indian Railway Welfare Organisation. The Tender which is not accompanied with Earnest Money shall be summarily rejected. The Earnest Money of unsuccessful Tenderer(s) will be refunded to the Tenderer (s) within 60 (sixty) days from the date of acceptance/finalization of the Tender without any interest/Bank commission/Collection charges. It shall be understood that the Tender documents have been sold/issued to the Tenderer. The Tenderer is permitted to bid 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 IRWO. Should the Tenderer fail to observe or comply with the said stipulation, the aforesaid amount shall be forfeited. Earnest money of the successful Tenderer shall also be forfeited in the event of refusal or delay on his part in signing the Agreement within 15 days of the receipt of letter of award of the contract or refusal to start the work on instructions from IRWO. The Earnest Money deposited by the successful Tenderer with his Tender shall be retained by IRWO as part of Security Deposit (which will be equal to 5% of the value of contract excluding the cost of land) under this Agreement towards ensuring the due and faithful fulfilment of the contract. The Security Deposit shall be recovered from stage-wise payment bills at the rate of 10% of the gross bill amount to the extent of total security deposit to be deducted minus the amount of earnest money
3. 3.1.
3.2.
3.3.
3.4.
Page 14 of 81

deposited (Rs. Fifty lakhs). IRWO shall withhold the said Security Deposit for a period of one year after completion and handing over of the dwelling units to the allottees (the Defect Liability Period). After the expiry of the Defect Liability Period the said Security Deposit shall be refunded without interest or fees to the Developer. Under no circumstances shall any interest be payable upon the Earnest Money and/or the Security Deposit or any other amounts payable to the Developer under the Contract. 3.5. After the work is physically completed, Security Deposit recovered from the stage-wise payment bills of the Developer can be returned to him if he so desires, in lieu of an irrevocable Bank Guarantee for equivalent amount to be submitted by him, in a format advised by IRWO. If the successful Tenderer so desires, the full amount of Security Deposit i.e. 5% of the value of contract excluding the cost of land (minus the amount of Rs. 50 lakhs pertaining to Earnest Money which will be retained as part of security deposit) can be furnished in the form of an unconditional and irrevocable Bank Guarantee issued by a Nationalised bank, or Scheduled bank in India having a net-worth of at least Rs. 1,000 crores, in favour of Indian Railway Welfare Organization and having a validity period of up to three months beyond the Defect Liability Period. This Bank Guarantee shall be given by the selected tenderer before execution of the Agreement. For the avoidance of doubt, Scheduled Bank shall mean a bank as defined under Section 2(e) of the Reserve Bank of India Act, 1934. In case the progress of work is delayed as compared to the agreed program, the bank guarantee for security deposit shall have to be suitably extended by the Developer. Provided that no liabilities shall arise from the said Security Deposit. The Security Deposit shall be payable to the Developer only after all the stipulations under this Agreement or any other conditions, if any, have been fulfilled by the Developer. The Security Deposit shall be payable after all the claims and demands made by the IRWO for and in respect of damages or loss caused by firm or in consequences of the works have been finally satisfied, but excluding the claims made by the Developer on the IRWO. Security Deposit shall be liable to be forfeited by the IRWO in the event of breach of contract on the part of the Developer under this Agreement or any other documents, without prejudice to other rights and remedies. Submission of Tender Documents1 A single-stage two-packet procedure shall be followed for submission of Tender documents. a) For Tenderers who have downloaded the Tender document from the IRWO website, the outer envelope shall contain the covering letter (format at Tender Form E1), the checklist (see Clause 4.2 below) and the Tender Document Fee in addition to the Earnest Money. Packet-1 will contain the Technical Bid in the prescribed Tender formats. Packet-2 shall contain, only the Financial / Price Bid in the prescribed Tender format as indicated in this Tender document. b) Tenderers who have purchased the Tender document from IRWOs office are not required to repay the Tender Document Fee and can submit the Tender in the manner stated above without the Tender Document Fee.
3.6.
3.7.
3.8.
4. 4.1.
To be read along with Clause 14 of Section D
Page 15 of 81

4.2. The documents/enclosures in Packet-1 shall be submitted together in bound form, with all the pages numbered serially. Demand Draft or Bank Guarantees shall not be bound directly but be placed in plastic jackets, which are bound as part of the main booklet. Each page of the book shall be stamped and initialled in blue ink by the authorised signatory. Along with the Covering Letter (Tender Form E1) in the outer envelope, the Tenderer should submit a Checklist (as per format at Annexure C1 enclosed), duly signed by the Authorised Signatory and mentioning whether each document has been submitted, its page number, total number of pages of that particular document/enclosure, and whether each page has been initialled in blue ink by the Authorised signatory. It is clarified that the Checklist is mandatory, and if the same is not provided, the Tender is liable to be treated as non responsive. Packet-1 shall be sealed and marked as TECHNICAL BID for Construction of Multi-storeyed Flats, including transfer of land, on Turnkey basis at Noida Extension (Greater Noida). Packet-2 shall be sealed, and marked as FINANCIAL BID for Construction of Multi-storeyed Flats, including transfer of land, on Turnkey basis at Noida Extension (Greater Noida). These two sealed packets shall be placed in an outer envelope which shall be sealed and marked as TENDER FOR CONSTRUCTION OF MULTISTOREYED FLATS, INCLUDING TRANSFER OF LAND, ON TURNKEY BASIS AT NOIDA EXTENSION (GREATER NOIDA). Each packet and the outer envelope must bear the Tenderers name and address. 4.4. The Tender documents must be delivered to the office of Managing Director, Indian Railway Welfare Organization (IRWO), Railway Office Complex, Behind Shankar Market, New Delhi 100001 Tel: (011) 23413627 Telefax : (011) 23411173. on or before 15.00 hours Indian Standard Time on 28th September 2012. If the Tender is not delivered on or before 15.00 hours IST of 28th September 2012 as provided in Clause 4.4 above, the same shall be declared late and shall not be accepted. IRWO shall not accept any loss or delay in transit as an excuse for delayed/late tender. Opening of Tender The sealed outer envelope containing Packet-1 and Packet-2 shall be opened at the office of the Managing Director, IRWO, Railway Complex, Shivaji Bridge (Behind Shankar Market) New Delhi110001 at 15.30 hours on 28th September 2012. Sealed Envelope marked Packet-1 (Technical Bid) shall be opened first and if the full specified Earnest Money deposit is not found as prescribed or the required Tender Document Fee (for those who download the document from IRWOs website) is not found or any of the conditions mentioned in Para 3.1 of Section D is not fulfilled, the Tender shall be summarily rejected. The technical data and other information of the Tender shall be evaluated by IRWO and if required these may be discussed with the Tenderers and the technically acceptable Tenders shall be short listed. Decision of IRWO in this regard shall be final and no correspondence will be entertained in this regard.
4.3.
4.5.
5. 5.1.
5.2.
Page 16 of 81

5.3. Earnest Money is to be deposited by all Tenderers. There is no exemption for the Tenderers who are enlisted with any Government Organization like MES, CPWD, Railways, Small Scale Industries, etc. Envelope marked Packet- 2 (Financial Bid) containing the price bid shall be kept unopened in safe custody by IRWO at the time of opening of the Tender. The Packet-2 (Financial Bid) of short-listed Tenderers shall be opened on the date and time which will be intimated to the Tenderers. Validity of the offer The Tender offer shall remain valid for a period of 120 days from the date of opening of the Tender. If the Tenderer after submitting the Tender, resiles from his offer or modifies the terms and conditions thereof in a manner not acceptable to IRWO, the Earnest Money Amount shall stand forfeited. Rejection of Tenders The Indian Railway Welfare Organisation does not bind itself to the lowest or any Tender and reserves to itself the right to accept or reject any or all the Tenders either in whole or part without assigning any reasons for doing so or without incurring any liability to the affected Tenderer(s). IRWO can bifurcate the work seeing the feasibility of execution/ early completion of the project. The Tenderer is expected to read carefully all instructions, Tender Forms, terms and conditions in the Tender document. Failure to furnish all information required by the Tender or to fill up all Tender forms or submission of a Tender not substantially responsive to the Tender documents in every respect will be at the Tenderers risk and may result in the rejection of his Tender. Tenders containing conditions are liable to be rejected. Tenders containing any conditions leading to unknown / indefinite liabilities are also liable to be rejected. Cost of preparation of Tender The Tenderer shall bear all costs associated with the preparation and submission of its Tender, and IRWO will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the tendering process. Language of Tender The Tender, as well as all correspondence and documents relating to the Tender exchanged by the Tenderer and IRWO shall be written in English language. Any printed literature furnished by the Tenderer written in any other language must be accompanied by a translation in the English language duly authenticated by the Tenderer, in which case, for purposes of interpretation of the Tender, the translation shall govern.
5.4.
6. 6.1.
7. 7.1.
7.2.
7.3. 7.4.
8. 8.1.
9. 9.1.
Page 17 of 81

10. 10.1. Tender Format and Signing of Tender The contents of the Tender shall be typed or written in indelible ink and shall be signed by the Tenderer or a person or persons duly authorized to bind the Tenderer to the contract. The Authorised Signatory shall initial all pages of the Tender Document. The Tenderer shall submit a General Power of Attorney (GPA) issued by a Resolution passed by the Board of Directors of the Tenderer (or Lead Member in case of a Consortium) duly authenticated by affixing a Company Seal and further duly notarised, in favour of the Authorised Signatory of the Tender indicating that the specified person has the authority to sign the Tender, and confirming that the Tender is binding upon the Tenderer during the full period of its validity. The Tender format of the GPA is enclosed at Tender Form E5. In case of a Consortium, a Power of Attorney must be submitted in Tender Form E4, authorizing the Lead Member to act on behalf of other members of the Consortium. Any interlineations / corrections shall only be valid if the Authorised Signatory initials them. IRWO may, at its discretion, extend the deadline for submission of Tenders by amending the Tender documents, in which case all rights and obligations of IRWO and Tenderers will thereafter be subject to the revised deadline as extended. Confidentiality Information relating to the examination, clarification, evaluation and recommendation for the Tenderers shall not be disclosed to any person who is not officially concerned with the process or is not a retained professional advisor advising IRWO in relation to, or matters arising out of, or concerning the Tender. IRWO will treat all information, submitted as part of the Tender, in confidence and will require all those who have access to such material to treat the same in confidence. IRWO may not divulge any such information unless it is directed to do so by any statutory entity that has the power under law to require its disclosure or is to enforce or assert any right or privilege of the statutory entity and/or IRWO. Pre-bid meeting It is proposed to hold a pre-bid conference with the intending Tenderers on Thursday, 30th August 2012. at 11:30 hours in IRWOs office to clarify any points that the intending Tenderers may have regarding the Tender. Tenderers who require any clarifications are requested to send their queries before 17th August 2012 (16.00 Hrs) either through post or through email (at irwo2009@gmail.com and df@irwo.in). Interested Tenderers may obtain further information from the office of: General Manager (General), Indian Railway Welfare Organization (IRWO), Railway Office Complex, Behind Shankar Market, New Delhi 100001 Tel: (011) 23413627, Telefax : (011) 23411173. Email: irwo2009@gmail.com and df@irwo.in.
10.2.
10.3. 10.4.
11. 11.1.
12. 12.1.
13.
Page 18 of 81

Annexure C1 CHECKLIST Requirement as per Clause 4.2 of Section C (in Packet- Complied with (Yes / No) 1) - Document bound - All the pages numbered serially - Each page of the book duly stamped and initialled in blue ink by the authorized signatory - All corrections/interlineations initialled in blue ink by the authorised signatory Sl. No. Document / enclosure for Submission Document Submitted (Yes / No / Not Applicable) Page Nos (__ Total No to __) of Pages
Outer Envelope (To be sealed after putting in following documents as well as Packet-1 & Packet-2) 1 Covering Letter as per the prescribed format in Tender Form E1; 2 Tender Document Fee (in case Tender documents are downloaded from IRWO website) in the form of Demand Draft / Bankers Cheque (DD/BC to be put in plastic jacket which should be bound as part of main booklet) 3 Earnest Money in the form of Demand Draft / Bankers Cheque (DD/BC to be put in plastic jacket which should be bound as part of main booklet) 4 This Check List Total number of pages Packet-1- Technical Bid ( To be sealed after putting in following documents) 1 General Information about the Tenderer (as per Tender Form E2) with Company profile, Memorandum and Articles of Association, etc. 2 Joint Tendering Agreement (applicable if the Tender is submitted by a Consortium of Firms) (as per Tender Form E3) 3 Power of Attorney for appointing Lead Member duly attested by notary public (applicable for a Consortium) (as per Tender Form E4) 4 Power of Attorney in favour of the Authorised signatory of Tender
Page 19 of 81

documents duly attested by notary public (as per Tender Form E5) Technical Proposal of the Tenderer (as per Tender Form E6) Information for Technical Bid (as per Tender Form E7) including supporting Details Affidavit, duly attested by notary public (as per Tender Form E7A) The original Tender document issued to the Tenderer (or the full Tender Document downloaded from IRWO website), duly stamped and initialled on all pages by the Authorised Signatory as a token of acceptance, except the Form of Price/Financial Bid. Total number of Pages Packet-2 Financial / Price Bid (To be sealed after putting in following documents) 1 Financial / Price Bid (as per Tender Form E8) Total number of Pages Date: Place: Company Seal of the Bidder/ Lead Member of the Consortium (Signature of the Authorised Signatory) (Name and designation)
5 6
7 8
Page 20 of 81

SECTION D DETAILS OF THE WORK, ELIGIBILITY, TECHNICAL SPECIFICATIONS & SPECIAL CONDITIONS 1. 1. 1. Introduction Indian Railway Welfare Organization (IRWO) is a no-profit no-loss society registered under the Societies Registration Act XXI of 1860 with its headquarters in Delhi. It works under the patronage of Ministry of Railways. Member Staff, Railway Board, is the ex-officio Chairman of the organization. President and Secretary of all recognized staff unions in the Railways, as well as the service associations are members of the Governing Body. The primary objective of IRWO is to construct houses for serving and retired railway employees on no-loss no-profit basis. The eligible persons, before applying for a particular housing scheme, have to become members of IRWO. The present membership of IRWO is about 75,000. So far IRWO has constructed about 8000 dwelling units all over India. Another 2000 dwelling units are under construction. Name of the Work Construction of Multistoried Flats on Turnkey basis at Noida Extension (Greater Noida) to provide about 400 dwelling units, consisting of transfer of clear, marketable title of unencumbered land, with community centre, garages/car parking and ancillary buildings including all internal and external civil, electrical, plumbing, water-supply, drainage, sewerage and sewage treatment plant including facilities for recycling of treated effluent for lawn watering , gardening, etc., road works, horticulture, landscaping, pavements, fire-fighting works, overhead and underground water tanks, deep tube-wells, including installation and commissioning of passenger lifts, water pumps, diesel generating sets, electric substation and transformers, external electrification and lightning arrestors, compliance to green building regulations including energy saving features/solar energy features as laid down by the plan sanctioning authorities, etc. duly complete in all respects as per GNIDAs bylaws, including mandatory provision, if any, for earmarking of land / construction of housing for Economically Weaker Sections (EWS) of society, and including handing over the dwelling units to allottees through IRWO. Eligibility Criteria The prospective Developer / Builder or the members of the Consortium (see note below) must fulfill the following minimum conditions to be eligible to apply: The Sole Tenderer or one of the members of the Consortium should be in possession of a clear and marketable title of the land. Further, the said land should be free from any encumbrances (litigations, disputes, mortgage etc). The said land should be duly allotted by Greater Noida Industrial Development Authority (GNIDA), for group housing within Sectors 1,2,3,4,16,16-B, 16-C & Technical Zone IV of Noida Extension (Greater Noida), as marked in the plan of Noida Extension area attached at ANNEXURE-D1 and it should be duly transferable to IRWO, as per GNIDAs by-laws. Authenticated copies of Allotment letter, Possession letter, Conveyance/Lease deed and Byelaws/Lease terms of GNIDA dealing with allotment and transfer of land are required to be
2. 2.1.
3. 3. 1.
i)
Page 21 of 81

submitted with the offer as documentary evidence. The Tenderer would also have to specifically certify in Tender Form E7 that the plot of land offered is not involved in any litigation, disputes, mortgage etc. In support, the Tenderer should attach an affidavit in Tender Form E7A, along with the prescribed certificates from the Tehsildar and the GNIDA. ii) Gross Turnover of the Sole Tenderer or the aggregate gross turnover of the members of the Consortium for the last four consecutive financial years ending 31st March, 2011 from building works should be at least Rs. 115 Crores. Turnover from such works in the preceding one financial year ending 31st March, 2011 should not be less than Rs. 29 Crores. Authenticated Copies of audited accounts (Balance Sheet and Profit & Loss Account) for the last four consecutive years ending 31st March, 2011 duly certified by the Statutory Auditors, are required to be submitted with the offer as documentary evidence of the turnover. iii) The Sole Tenderer or the Lead Member, in case of consortium, should have either successfully completed at least one work of Group Housing (with multi-storeyed buildings) of value of Rs. 115 Crores or more, or should have completed at least two works of the value of Rs. 58 Crores or more each during the last four consecutive years.
Authenticated copies of completion / provisional completion certificate from the concerned local / state government authority are required to be submitted with the offer as documentary evidence. Note : However, for consortia, in the cases mentioned above, each member whose technical experience is to be considered should hold minimum 26% equity in the consortium/SPV, and this stake of the said member cannot be diluted till the period of one year after the defect liability period is over. The Lead Member shall individually and compulsorily hold at least 51% equity stake in the SPV for a period of up to at least one year after the defect liability period. 3.2. Consortium
3.2.1. Applications submitted by a Consortium must comply with following requirements: i) ii) The number of Consortium members shall not exceed three. The Consortium shall furnish a Joint Tendering Agreement on non-judicial Stamp Paper of value of minimum Rs. 100/- as per the Tender Form E3 provided in this Tender document, which shall be legally binding on all the members of the said Consortium. The Joint Tendering Agreement for the Consortium shall state the responsibility regarding the provision of plot of land and technical and financial arrangements, in respect of each member in the Consortium. The Joint Tendering Agreement should be valid for a minimum period of 180 days from the date of submission of the Tender. One of the members of the Consortium shall be nominated as the Lead Member to act on behalf of the other members as their representative for tendering and implementation of the project. This authorisation shall be evidenced by submitting a Power of Attorney signed by legally authorized signatories of all members as per Tender Form E4 provided in this Tender document.
iii)
Page 22 of 81

iv) The Tender form as well as the Earnest Money Deposit shall be submitted in the name of the Lead Member. In case the Tender is awarded to the Consortium, for the purpose of execution of award of the Tender, the Parties will set up a Special Purpose Vehicle (SPV), the common equity shareholding pattern of which shall be mentioned in the Joint Tendering Agreement. The Lead Member shall individually and compulsorily and at all times hold at least 51% equity stake in the SPV for a period of up to at least one year after defect liability period. Each member whose technical experience is to be considered should and at all times hold minimum 26% equity in the consortium/SPV, and this stake of the said member cannot be diluted till the period of one year after the defect liability period is over. In case of an SPV with a foreign member, the lead member should be an Indian firm with a minimum share of 51%. Change of the members of the consortium would not be allowed under any circumstance, except when modification becomes inevitable due to succession laws etc. Under no circumstances should the minimum eligibility criteria get vitiated. In such a case, the Lead Member should continue to be Lead Member of the SPV. Same principle would be followed even after award of the contract. A firm can be a member in only one Consortium applying for the Contract; if a firm participates in more than one application/bid either individually or as a member of a Consortium, all applications/bids of which it is a part would be summarily rejected. All members of the Consortium shall however, be liable jointly and severally, for the execution of the project in accordance with the terms of the Agreement. Any liability arising out of the Contract shall not be on pro-rata basis of shareholding in the consortium. Number and Type of Dwelling Units IRWO proposes to award the work for about 400 dwelling units of four types in multi-storeyed towers with lifts and all external works complete in a separately identified plot of land with boundary wall and gate(s) with security hut(s)/ security provisions and adequate open areas around the towers. This offer can also be a part of one of the larger projects/schemes undertaken by the Tenderer, for example a township project. However, at the time of submitting the Tender document it must be expressly mentioned by the Sole Tenderer / Consortium and its members along with all relevant supporting documentation as to how the IRWO housing project would be included to be part of an existing township project, if applicable. 5. Scope of work
v)
vi)
vii)
viii)
4.
IRWO propose to award the project on Turnkey Basis. The scope of the work shall mainly consist of : i. Transfer of clear and unencumbered title of land to IRWO. ii. Construction of multi-storeyed dwelling units, parking spaces in basements/stilts/open, community centre, commercial area and ancillary service buildings including all internal and external civil, electrical, plumbing, water supply, drainage and sewerage works duly connected to the general drainage and sewerage system of the local authority, sewage treatment plant with proper disposal of effluent for recycling, road works, horticulture, landscaping, rain water harvesting, pavement works, fire fighting works, under ground
Page 23 of 81

and overhead water tanks with adequate water supply connection from the local authority, deep tube wells, supply, installation and commissioning of passenger lifts, water pumps, diesel generating sets, electric substations and transformers, external electrification, lightning arrestors, other safety devices, compliance to green-building regulations including energy saving features / solar energy features as laid down by the plan sanctioning Authorities, etc. duly complete in all respects, including handing over of the dwelling units to allottees through IRWO. Any mandatory requirements for provision of housing or earmarking a portion of land for Economically Weaker Sections (EWS) of society should also be catered for. All the work shall be done under the direct supervision of IRWO. iii. Conducting Soil Investigation to determine Safe Bearing Capacity of the soil on which design of Foundation will be based. iv. Preparation of all architectural and structural drawings. These shall be as per requirements of IRWO. All structural design calculations/ drawings shall be approved by Proof Consultants appointed by IRWO before execution. Fee of the structural/proof consultants appointed by IRWO will be borne by IRWO. v. The structural and safety requirements laid down by B.I.S in various Codes and Specifications shall be complied with, particularly with respect to earthquake resistant features and stability requirements. vi. Obtaining approval of building drawings by the state/ local authorities and all requisite sanctions, clearances and No Objection Certificates (NOCs) e.g, environment including pollution control, fire fighting authority, underground water authority, airport authority, Conservator of forest, etc. as required for execution of work. vii. Obtaining completion/occupancy certificate on completion of work from the concerned authority. 6. Details of Dwelling Units to be constructed along with relevant layout plans and construction materials to be used 6.1. The tentative accommodation needed with super built-up area (SBA) is given below: S.No. Type of DU Approx. SBA (sqm/sft ) 79/850 102/1100 130/1400 177/1900 Maximum Balcony Area (sqm /sft) 7/75 10/108 12/129 15/161 Maximum Common Areas (sqm /sft) 13/140 17/180 21/225 28/300 No. of dwelling units 150 150 75 25
1. 2. 3. 4.
II - 2 BHK III 3 BHK IV 4 BHK IVA - 4 BHK
6.1.1. Definition of Super Built-up Area (SBA) : SBA shall mean the Plinth area as per IS-3861 (plus common areas in the community centre and commercial complex/shops) with following clarifications/ modifications : (i) Balcony/Verandah covered area shall be limited to the areas as indicated in the table under para 6.1. (ii) Internal shafts, common areas open to sky, shall not be included in SBA. (iii) Overhead and under ground water tanks, staircase mumty at terrace, community centre and commercial area, electrical sub-station, DG room, Pump room, under ground/ overhead water tanks, guard hut(s), machine room for lifts, shafts open to sky, cantilevered junctions, pergolas, and any such like architectural decorative and/or non-useable structures, rooms shall not be included in SBA (rates quoted by tenderers shall be deemed to have included all such portions / parts as part of the main work).
Page 24 of 81

(iv) The area of stair-cases shall be measured once, per floor, and that of any double height space of structure at its respective floor level. In case, the staircase is attached to or within the stilted area, it shall be measured in stiled area head. (v) Super Built-up Area of garages in the basement, extended basement, stilt floor and podium shall not be added to the SBA of dwelling unit. (vi) All areas shall be measured only once. (vii) The term Super Built-up Area (SBA) is the total chargeable area of flats including balcony and common areas within the above limits of balcony and common areas. Only 3% differences in the SBA of each type of flat would be permitted in the offer, and maximum permissible area of balcony as well as common areas would be adjusted proportionately. Any extra area provided in the balconies and common areas over and above the proportion shown in the table in para 6.1, shall not be payable. 6.2. Type II and III dwelling units can be provided in the same tower, while type IV and IVA dwelling units can be provided in the same tower. Except for this, other types of dwelling units shall not be combined in the same tower. Detailed lay out plans of each of the four types of dwelling units and over all layout plan showing all the towers with the layout of flats in each Block along with community centre, green areas, etc. shall be attached with the offer in Packet-1. Calculations of SBA showing carpet area, area under walls, balcony area and common area for each type of flat shall also be furnished by the Tenderer in Packet-1. Please also see Note under Para 14.1 below. Sample Flats 8.1 The Developer shall execute a Sample flat (one of each Type as per the table in Clause 6 above) completing all items of works and services such as walls, floors, roof, plastering, joinery including fittings, sanitary fittings, plumbing, electrification, painting, entire kitchen and bathroom fittings, doors, windows, wood works and pelmets etc. in all respects. The brands of various materials used as well as finishes will be approved by the IRWO. These will be guiding samples for future execution of the rest of the flats/dwelling Units. These sample flats will be completed within twelve months after award of contract failing which a penalty of Rs 1,000/- per day will be levied. 8. Car Parking Spaces 8.1 Covered car parking spaces in basements / stilts/open areas of the buildings shall be constructed adequately so that at least one covered parking space is available per flat subject to the provisions of the sanctioning authority, if more stringent. 8.2. Open car parking spaces shall be provided on surface in as many numbers as possible to provide to the allottees on demand. 8.3 Car parking spaces provided shall have minimum parking size of 5 meter X 2.5 meter, and all earmarked parking spaces shall have proper vehicle Driveways to enter/exit the parking areas as specified in the National Building Code (NBC). Stilted/ Basememt parking /Covered Garages shall be planned in a manner to conveniently accommodate car parking, taking into account adequate turning radius for cars.
6.3.
7.
Page 25 of 81
9.
Guarantee for handing over the possession of the dwelling units
9.1 A Performance Guarantee in the form of an unconditional and irrevocable Bank Guarantee issued by a Nationalised bank, or Scheduled bank in India having a net-worth of at least Rs. 1,000 crores, in favour of Indian Railway Welfare Organization and having a validity period of up to three months beyond the date of completion and handing over of the flats to the allottees shall be furnished by the successful Tenderer. This Guarantee shall be equivalent to 5% of the total cost of the work excluding cost of land (Cost of land will be taken as 20% of the value of Contract, as per Clause 15.3). This Bank Guarantee shall be given by the selected tenderer before execution of the Agreement. For the avoidance of doubt, Scheduled Bank shall mean a bank as defined under Section 2(e) of the Reserve Bank of India Act, 1934. In case the progress of work is delayed as compared to the agreed program or the contract is rescinded, the security deposit shall be forfeited and the Performance Guarantee shall be encashed and the balance work shall be carried out by a third party as appointed by IRWO. 9.2 As an assurance for delivery of dwelling units to the allottees booked by IRWO, proportionate area of land, as per the FSI proposed to be constructed for IRWO, shall be transferred to IRWO as per the procedure laid down by Greater Noida Authority for transfer and registration of conveyance deed. 9.3. A location plan demarcating the proportionate area of land as per the FSI proposed to be constructed for IRWO shall be attached with the offer. There should be no shortfall/ excess in utilising the permissible FSI. 10. Specifications 10.1. Technical specifications to be followed for the construction are attached at Annexure-D2. The work as detailed in the tender shall be executed and completed in all respects in accordance with the tender documents, Technical Specifications of C.P.W.D. and Drawings as finally approved by IRWO, to the satisfaction of the General Manager/IRWO in charge of the project. 10.2. If any ambiguity arises to the meaning and intent of any portion of specifications or to the execution or quality of any work or material, IRWO shall have the power to correct any errors, omissions or discrepancies in the specifications, drawings, classification of the work or materials and IRWOs decision in the matter shall be final and conclusive. In case of discrepancy between schedule of rates, specifications and/or drawings, the following order of precedence shall be observed:Description of items in the Schedule of Rates, if any. Technical Specifications and Special Conditions of Contract. C.P.W.D. Specifications. Bureau of Indian Standards (BIS) Specifications. General Conditions of Contract. 11. Community Centre / Club House and Commercial Area 11.1 A community centre / club house with a total built-up area of (about) 500 sqm. shall be constructed for the exclusive use of allottees of IRWO within the demarcated area for the IRWO housing complex as per plan approved by IRWO.
Page 26 of 81

11.2 The Club House shall have all the facilities normally provided in a club like a hall for functions, kitchen, rooms for gymnasium, indoor games and room for health unit , toilets for ladies and gents, swimming pool of adquate size, etc. with all attendant facilities. 11.3 A commercial area consisting of utility shops for the convenience of the allottees shall be provided as permissible as per the rules laid down by the sanctioning authority. These shops shall not be let out/sold by the Developer but shall be handed over for management to the Residents Welfare Organisation of the allottees which will be formed by IRWO. 11.4 In the housing complex a separate toilet should be provided for service staff who will be stationed there for maintenance work. 11.5 The cost of the Community Centre and the commercial area shall be included in the overall cost as quoted in the Price Bid in Form E8. No additional amount is payable. 12. Period of completion 12.1 The work as detailed in the tender shall be executed and completed in all respects (including handing over to the allottees) within a period of 42 months, in accordance with the tender documents, Technical Specifications of C.P.W.D. and Drawings as finally approved by IRWO, to the satisfaction of the General Manager/IRWO in charge of the project. The period of 42 months will commence from the date of issue of letter of acceptance or award of work to the tenderer. 12.2 If there is a delay in completion of the work beyond the scheduled date of completion, compensation per sqm of SBA per month or part thereof shall be leviable at the rate of Rs. 125 (Rupees One Hundred and Twenty Five only) per sqm. 13. The Price Bid 13.1 Rate may be quoted per sqm of SBA of dwelling units inclusive of all preferential charges and other charges like development charges, lease charges, taxes, etc., power back-up (1 kva for type II, 1.5 kva for type III and 2 kva for type IV & IV-A, to be essentially provided for all flats), meter connection for back-up power, including construction and land cost. 13.2. The cost of all items / services / amenities, (which are not separately quoted,) shall be deemed to be included in the rates quoted and nothing extra will be paid. 13.3. Rate per sqm of SBA must be quoted for complete work at the site, including the Community Center, Shops, mandatory EWS Housing to be provided, if any, and Parking both covered and open. The rate quoted should be inclusive of all taxes including service tax, duties, octroi, cess etc and any other levies of State and Central Government or any other local body/Authority. No part of such taxes on Developers labour or material shall be paid by IRWO who shall not entertain any claim whatsoever in this regard. Decision of the IRWO in this regard shall be final and binding. 13.4. Any new tax or any increase in the rate of levies/ taxes levied on the finished work introduced by Central or Sate Government or by any local authorities after the opening of the tender, shall be reimbursed
Page 27 of 81

to the Developer only on production of payment certificates from concerned authorities with authenticated documents to the fact that the same has already been deposited by the Developer. Similarly, if there is any additional levy due to Government legislation after the date of opening of tender the same shall be reimbursed to the Developer on production of authenticated documentary evidence to the fact that the same has been deposited by the Developer. 13.5. Deduction towards Income tax, Works tax or any other tax as per the applicable laws shall be made by IRWO from the Developers Bills. 13.6 The rate quoted shall be firm and no escalation shall be payable. On the other hand, if there is a delay in completion of the work beyond the date of completion, compensation per sqm of SBA per month or part thereof shall be payable as indicated in Clause 12.2. 13.7 There would be a Defect Liability Period of 12 months from the date of taking over possession by the allottee, for any construction and/or installation defects and deficiencies, beyond which maintenance of the housing complex shall be done by the Resident Welfare Association to be formed. As such, no maintenance charges should be included in the offer. 14. As mentioned in Section C Instructions to Tenderers the tender would be submitted in a two-packet system. 14.1. Packet-1, TECHNICAL BID would contain the following: Memorandum and Articles of Association, Evidence of Incorporation, Partnership Deed etc of the firm, as applicable, in Tender Form E2. ii) Power of Attorney in favour of official signing the bid, in Tender Form E5 (and also Power of Attorney for Lead Member in Tender Form E4, in case of a Consortium). iii) Authenticated Copies of Audited Accounts (Balance Sheet & Profit & Loss Accounts) for the last four financial years ending 31st March 2011 showing Annual Turn-over for the preceding four financial years, in Tender Form E7. iv) Experience for construction of Multi-storied Group Housing schemes showing list of Projects executed/under execution, in Tender Form E7. v) Existing byelaws of GNIDA applicable to allotment and transfer of land, in Tender Form E7. vi) Location, Dimensions and Area (in Acres) of plot of land offered, in Tender Form E7. IRWO would only consider offers of land located in Noida Extension in the area marked on the map enclosed at Annexure-D1. An affidavit should be enclosed in Tender Form E7A, duly notarised, stating that the offered plot of land is not involved in any litigation, disputes, mortgage etc. Affidavit should be accompanied with certificates from the Tehsildar and the GNIDA, in support. vii) Authenticated copy of Allotment order for the land as issued by Land Allotting Authority (GNIDA) along with the land plan of land allotted to the tenderer, in Tender Form E7. viii) Authenticated copies of Sanction letter, Builders licence,etc along with the layout and building plans from the building plan sanctioning authority (GNIDA), in Tender Form E6. ix) Possession Letter and Ownership documents of the land (Lease Deed) showing clear and unencumbered title, etc, in Tender Form E7. x) Number of covered car parking spaces to be provided, in Tender Form E6. xi) Number of open car parking spaces to be provided, in Tender Form E6. i)
Page 28 of 81

xii) Detailed unit plans with carpet area, wall area, balcony area and common area worked out on the drawings, in Tender Form E6. xiii) Detailed layout plan of the dwelling unit complex showing all facilities, services and utilities provided including green areas, roads, pavements, community centre, EWS Housing, if any, etc. complete, in Tender Form E6. xiv) A detailed plan and elevation of the Community Centre/Club House with facilities proposed to be provided, in Tender Form E6. Notes : a) In case there is any reduction/waival of interest by GNIDA on principal cost of the plot of land payable to them by the Developer, and/or any reduction/waival of premium charged by GNIDA for extra FAR beyond 2.75 after opening of the bids, the benefit thereof shall be passed on by the Developer to IRWO. b)The Tenderer should indicate the Ground Coverage, FAR utilized, Height of the buildings/towers proposed and the Density provided as per the plans prepared by him at items (xii) and (xiv) above. 14.2. Packet 2 FINANCIAL / PRICE BID shall contain only the Price Bid. The rates may be quoted in the Schedule of Rates enclosed at Tender Form E8. 14.3. IRWO will decide the award of the work as its own discretion based on the rates offered, location of the plot offered, facilities offered, utilities available in the surrounding area, etc. as detailed in the Tender documents duly filled by the Tenderer. IRWOs decision in the matter shall be final and binding. 15. Payment Terms 15.1. Performance Guarantee equivalent to 5% of the value of contract excluding value of land as per para 9.1 in this Section shall be submitted by the Developer before execution of the Agreement. If the Developer so desires, the full amount of Security Deposit i.e. 5% of the value of contract exclluding the cost of land (minus the amount of Rs. 50 lakhs pertaining to Earnest Money which will be retained as part of security deposit) can also be furnished in the form of a Bank Guarantee (Ref. Para 3.6 of Section C). 15.2 Thereafter, the boundary of area of land proportionate to the area proposed to be built, shall be marked at site with barbed-wire fencing and mild steel angle posts and plan with area of the land (in Acres) submitted to IRWO. In case there are any outstanding payments/ instalments towards cost of land payable to GNIDA, these should be cleared and then the marked land shall be transferred and registered in favour of IRWO. If the Developer so desires, the outstanding principal payments can be set off against the Stage II payment and the balance paid to the Developer. However, interest liability on the principal payments/instalments as well as penalty payments due, if any, should be cleared in full by the Developer before the transfer of land in Stage II. 15.3 The payments shall be made by IRWO as per the following Stages : S. No. STAGE % Break-up for Payment 10% of the value of Contract Time of Completion (Months) 0
1.
Stage-I Advance Payment at the time of signing of the Agreement, against an unconditional and irrevocable Bank Guarantee issued by a Nationalised bank, or
Page 29 of 81

Scheduled bank in India having a net-worth of at least Rs. 1,000 crores, in favour of Indian Railway Welfare Organization and having a validity period of up to the physical completion of the work (up to Stage-V) Stage-II Transfer of unencumbered Residential Group Housing land in favour of IRWO with all clearances from the concerned Authorities. (Only the payment of stamp duty and registration fee for land transfer in favour of IRWO will be made by IRWO. All other charges, if any, shall be borne by the Tenderer.) Stage-III Land survey, Soil investigation, ascertaining potability and yield of water from deep tube wells to meet total requirement of water for the complex, and building of site office & Sanction of Building plans by the Local authority/Fire authority / Electricity board, etc., including all local / state government / central government / concerned authorities. Stage-IV Building construction of dwelling units, parking spaces, Basements/Stilts, foundations including pile foundation (if required), all internal water supply, overhead water tanks, plumbing, sewerage, drainage, electrical, fire fighting services, fixtures, fittings, supply, installation, commissioning and testing of passenger and service lifts etc. Complete in all respects, including obtaining completion/occupancy/no objection certificate from relevant concerned statutory authorities. Note: 8% (out of 10% advance payment made in Stage-I) would be recovered in suitable instalments from each bill pertaining to this stage of work Stage-V Filling of earth to raise the existing ground level to 2 ft. above the highest flood level (HFL)/ adjoining highest road level or as required under local laws, whichever is the highest (The HFL to be taken as given by the local Development Authority), Development of all external services including external water supply, sewerage including sewage treatment plant, drainage, roads and pavement work, community center, EWS Housing, shops and podium, external electrification, sub-stations including transformers, deep bore holes, tube wells and pumps, underground water tanks, external fire fighting works, boundary wall , gates, watchman (security) huts, landscaping, horticulture and area development, providing and marking open car parking spaces, pump
2.
10% of the Value of Contract
3.
5% of the Value of Contract
4.
68 % of the Value of Contract
36
5.
15 % of the Value of Contract
Page 30 of 81

rooms, sub-station building, Diesel generator room etc. complete in all respects, including supply, installation, commissioning and testing of equipment and also including obtaining completion / occupancy / no objection/ handing over certificate, as required from relevant concerned statutory authorities. Note: 2% (out of 10% advance payment made in Stage-I) would be recovered in suitable instalments from each bill pertaining to this stage of work Stage-VI 2 % of the Value of Contract Maintenance during defect liability period. (including security deposit)
6.
12 months from the date of completion as certified by IRWO.
Note : The value of the Bank Guarantee towards Advance Payment in Stage-I can be progressively reduced a maximum of four (4) times to the extent the amount has been recovered from the on-account bills of the Developer in Stages-IV and V. 15.4 Yard-stick for interim payments for Stage-IV as in Clause 15.3 above as % of 68% of Contract Amount for Multi-storied buildings including parking spaces in basements/stilted area and including internal services and lifts, shall be made by IRWO as follows: S. No. Sub-Stage Work % Payment Multi-storied blocks (each block) Upto plinth including all earthwork, Anti-termite 10 Treatments, PCC foundation base, D.P.C., masonry in Foundation, RCC Rafts / piles foundation, pedestals, basement(s) as required, back filling of earth, PCC under Floors etc. complete. RCC work in Columns, beams, slabs, sunshades, staircase 34 and any other RCC works in Superstructure including stilt floor, electric conduiting in slabs and Fan/light Boxes etc. complete. Brick Work in Super structure, RC lintels etc. complete. 06 Doors, Windows and ventilator Frames including hold-fast 04 and Grills, etc. complete. Sanitary and Water Supply Plumbing including Rain Water 04 pipes, soil and waste pipes, electric conduiting in Walls, MS/ Sheet Metal Boxes and shaft plaster, RC jali etc. complete Internal Plaster including sunken area water proofing and 03 plastering etc. complete. Flooring and skirting including Polishing etc. complete 04
1.
2.
3. 4. 5.
6. 7.
Page 31 of 81

8. 9. Dados (Glazed Tiles, Counters including, polishing and Cleaning, etc.) complete. Mumti, Machine room, Over head water storage tanks with Water proofing of roof, parapet walls, plastering, Gola and terracing etc. complete. External finish including covering of Expansion Joints, plinth projection etc. complete. Door, Window and Ventilator Shutters including all hardware fittings, glass panes etc. complete. Sanitary, water Supply fittings and fixtures, etc. complete. Internal & External painting and oil bound distemper etc. complete. Electrification including wiring Switches, D. B, Meter Board, Tag Box, fixing of fittings etc. complete. Staircases and balcony Railing, Ladders, Letter boxes, signage and other miscellaneous items etc. complete. Supply, Erection, Commissioning and testing of Passenger Lifts with required civil and electrical works etc. complete. Site clearance. On completion of Building works. 02 02
10. 11. 12. 13. 14. 15. 16. 17. 18.
05 05 03 02 06 01 07 01 01
Notes: (a) Total value of contract will be apportioned to each Block of flats based on ratio of SBA of the block to total SBA. (b) However, except nos. (1), (9), (16), (17) and (18) part payment for stilt/ ground / upper floors shall be released proportionately. (c) For payment against item nos. (1), (9), (16), (17) and (18), super built up area of respective block excluding stilted area shall be considered. (d) Refer clause 6.1.1 above definition of Super Built-up area (SBA). (e) Terrace shall not be measured or paid separately. However, it shall be deemed to have been included in the rates quoted by the contractor. (f) Payment for running / final bill shall be made as per the actual progress of work / measurement at site duly certified by the General Manager/IRWO. However, running payments will not be made more frequently than once a month. (g) Proportionate part payments for proportionate built-up area at each stage in the running bill may be released as per the actual quantum of work done at site. Regarding release of proportionate part payment, the decision of IRWO shall be final. 15.5 Yard-stick for interim payments for Stage-V as per para 15.3 (as percentage of 15% of contract amount) towards external works, internal and external fire fighting: Payment shall be released on completion including execution, supply, installation, connection with the system of the sanctioning authority where required, testing and commissioning of: S. No. Item % 1 2 External Electrical & telephone works including connection Transformers & HT panels 17 6
Page 32 of 81

3 4 5 6 7 8 9 10 11 12 13 14 15 Diesel Generating Sets Bore holes and pumps Under-ground tanks Internal & external Fire fighting Earth filling Roads, Pathways and open parking spaces Landscaping, Horticulture External Water supply and water connection Boundary Wall, Security Hut & Gate Storm Water drainage & Sewerage/STP (if required) including connection for final disposal Misc. Building works such as security hut with toilet, pump rooms, DG set transformer room etc. complete On Completion of external works including supply, installation, testing and commissioning Community Centre, Shops and EWS Housing 5 1 7 16 1 14 2 4 5 8 2 7 5
Page 33 of 81
Annexure D1
Page 34 of 81

Annexure D2 SALIENT TECHNICAL SPECIFICATIONS Foundations: RCC Pile/Raft Foundation for multi-storeyed blocks compliant to earthquake resistant design shall be provided. Design and calculations shall be furnished to be checked/ approved by IRWOs Proof Consultants. Earth Quake Resistant Structure: The building with frame shall be designed as per provisions of Earth Quake resistant code as per Zone-IV. Superstructure: Framed structures in RCC with brick partition walls in cement mortar shall be provided. Reinforcement Steel: The steel used for reinforcement will be either of TATA, SAIL or Rashtriya Ispat Nigam Ltd. Cement: PPC/OPC cement used for the work should be produced by integrated unit and of a brand approved by IRWO. If OPC cement is used, fly ash conforming to Grade-I of IS 3812 shall be used as part replacement of cement upto 30%by weight. Design Mixes shall be got approved from IRWO. Beams/Lintels/Slabs/Columns etc.: Reinforced cement concrete. Doors/Windows: All door and window frames shall be of teak wood imported from Ivory Coast, Ghana, etc. and polished. Front door shall be 35 mm thick panelled door with teak wood styles and rails and teak wood panels, and polished. Internal doors shall be 35mm plain flush doors with teak veneering or panelled doors and polished. Windows shall have teak wood glazed shutters and polished. Window frames and main entrance door shall have double rebate. Fittings for Door and Window Shutters: (i) Main Entrance door: M/s Godrej & Boyces (Godrej) lock Ultra Twin Bolt ICK-Satin Nickel (Product Catalogue Ref. No. i.e, PCRN 8126/8129) with Anoushka Pull Handle Satin (PCRN 9136) shall be installed. (ii) Stainless Steel Square Tower Bolts of size 250mm, 200mm or 150mm (PCRN 8577), manufactured by Godrej shall be provided for all door and window shutters. (iii) All internal doors shall be provided with Godrej 6-lever lock with Urvashi handle (PCRN 3862) instead of sliding bolts. (iv) All toilet and bathroom doors shall be provided with Godrej Cylindrical Classic Lock SS (keyless) (PCRN 3786) instead of sliding/ tower bolts. (v) Godrej Stainless Steel Roller Bearing type Hinges (PCRN 7908) with stainless steel screws shall be used for fixing door and window shutters instead of MS/ oxidised iron butt hinges. Flooring: Johnson/ Somany Vitrified tile flooring shall be provided in all rooms except in the drawing and dining rooms where ultra-glazed vitrified tiles of Johnson/ Somany shall be provided. Matt finished ceramic tiles of Johnson/ Somany make with minimum thickness of 10.0 mm or above shall be provide in verandas / balconies. Floor tiles should have a minimum thickness of 10.0 mm and above. Udaipur green (Kota) stone flooring shall be provided on staircases and corridors. Granite stone flooring and cladding shall be provided in Lift and entrance Lobbies.
Page 35 of 81

Wall & Ceiling Finish: All internal walls and ceiling shall be plastered with cement mortar and provided with J.K./ Birla White Cement putty and finished with ICI/ Asian acrylic paint (oil bound distemper) of colour and shade to be approved by IRWO. External Faade: Grit washed with marble stone chips in various colour combinations or with water proof cement paint of Spectrum make Weather Coat quality. Bath Rooms/Toilets: Johnson/Somany Ceramic glazed wall tiles upto full height in bath rooms and toilets with minimum thickness of 6.0 mm and above and matt finished ceramic tiles for flooring with minimum thickness of 7.5 mm and above. Parryware/ Hindware Ceramic bathroom fixtures, St. Gobain/ Atul mirror and single lever, quarter-turn chromium plated brass fittings of Jaquar/ Johnson make along with concealed plumbing with Astral/ Lubrizol make CPVC internal pipes. Kitchen: Granite stone working top with Johnson/ Somany ceramic glazed wall tiles up to 600 mm height on walls above the working top, with minimum thickness of 6.0 mm and above. Neelkanth/ Jayna Kitchen sink of stainless steel with 250mm deep bowl with draining board shall be provided. Johnson/ Somany Heavy duty matt finished ceramic tiles of minimum thickness 10.0mm and above for flooring shall be provided.. Modular kitchen installation and finish upto working top level shall be provided. Internal and External Piping: Astral/ Lubrizol make CPVC pipes conforming to IS: 15778 shall be used for internal water supply for the dwelling units. Supreme/ Prince UPVC pipes conforming to IS: 4985 (Class-5) with injection moulded fittings conforming to IS: 7834-1975 shall be used for External Water Supply. UV stabilised soil, waste and rain water pipes conforming to IS: 13592-1992 Type B shall be used with V-shaped Rubber Ring conforming to IS: 5382. Roads: (i) Sub-grade to be compacted at OMC in layers not exceeding 20 cm depth to achieve 95% of dry density. (ii) Water Bound Macadam (WBM) 150 mm thick with stone aggregate 90 mm to 45 mm including 13 mm size stone screening duly compacted. (iii) Layer of 100 mm sub-base of Cement Concrete M-15 with final layer of Cement Concrete M-20, 100 mm thick, vibrated, vacuum dewatered, skim floated and power trowelled top surface with broom finish, laid in panels, with side slopes as necessary, including providing grooves as required for expansion joint and filling the grooves with a mixture of 80 kg of hot bitumen, 1 kg cement and 0.25 cu m of coarse sand. Stilts and Open Car Parking Spaces: Stilts and open car parking spaces shall also be finished with a layer of 100 mm sub-base of Cement Concrete M-15 with final layer of Cement Concrete M-20, 100 mm thick, vibrated, vacuum dewatered, skim floated and power trowelled with broom finish, laid in panels including providing grooves as required for expansion joint and filling the grooves with a mixture of 80 kg of hot bitumen, 1 kg cement and 0.25 cu m of coarse sand. Cement concrete shall be laid on well compacted earthwork. Electrical: Copper wiring of Skytone/ National make of adequate size as per IS specifications to match the power requirement of each dwelling unit to be provided in MEDIUM GRADE concealed PVC conduits of AKG/ Finolex make with MCBs and ELCBs of L&T/ Legrand make with modular switches of Anchor/ NorthWest make.
Page 36 of 81

Power requirement: Type of unit II III IV IVA (Minimum) Power Requirement 6 KW 8 KW 10 KW 12 KW
Power back-up: Minimum 1 kva for Type II, 1.5 kva for type III and 2 kva for Types IV & IV-A to be provided. DG Sets: Adequate capacity of DG Sets of Cummin Kirloskar/ Greaves Cotton make with AMF panel and Distribution panel, as stand-by for working of lifts, water pumps, common services, street lighting, power back-up etc. shall be provided. Solar panels shall be provided for entire Street Lighting. Water Supply System: Source of water-supply at one point with pumping arrangement to individual/ common water tanks on top of the buildings for each flat shall be provided. Raw water and Drinking water pumps shall be of adequate capacity and of Kirloskar/ Crompton make. Sewerage System: Properly designed underground sewerage system with manholes shall be provided with a Sewage Treatment Plant or external sewerage system of the local authority for final disposal of the sewage. Water Harvesting: Properly designed water harvesting arrangements shall be provided as per the requirements of the local/ central sanctioning authority. Solar Lighting/Heating: In case the applicable by-laws provide for solar lighting and/or solar water heating arrangements, these should be provided. Lifts: Two or Three Lifts of suitable capacity providing for 7.5% of the tower population as per National Building Code of OTIS (Otis)/ Johnson make and Switching Panels of ABB/Areva make shall be installed in each tower. Electric Sub-station: Electric sub-station with adequate capacity of Transformers of ABB/ Kirloskar make shall be installed for power supply to the housing complex. External Electrification Works: It shall include: (i) Approval of electrification scheme and sanction of load from the concerned power supply authorities based on calculation of load as per their norms after approval of the scheme by IRWO. Electrical load of common areas like lifts, water pumps, fire pumps, staircase and corridor lighting, street lighting, power back-up, etc, shall also be taken into account. (ii) Power supply at 33/ 11 KV voltage shall be taken from concerned power supply authorities. (iii) Establishing adequate number of 11/0.415 KV substations of requisite capacity with power VCBs/ GODO switches, etc. (iv) Distribution of LT power supply through feeder pillars and cabling network to all user points. (v) Providing individual power supply meters to each dwelling unit by the power supply authority in the metering boards to be provided at appropriate location. (vi) Metering of common services power load. (vii)Providing sufficient number of Street light poles with solar panels in the complex and park area, as per norms.
Page 37 of 81

(viii) Back-up power supply with current limiting device for individual dwelling units as laid down above. Fire Fighting Arrangements: Provisions laid down in National Building Code of India 2005, and requirements specified by appropriate Fire Officer of the State Government and/or local bodies shall be fully complied with for design and construction of fire fighting arrangements for the full housing complex. Fire pumps, sprinkler pumps and jockey pump shall be of adequate capacity and of Kirloskar/ Crompton make. Quality Assurance: To maintain the quality of works, the work shall be executed, strictly as per CPWD Specifications and norms laid down by Bureau of Indian Standards (BIS). It shall be necessary to maintain a Testing Laboratory as per clause 2.11 (e) of Section F of this Tender Document and maintain all records to obtain best quality of work to be executed. Builder shall prepare and submit for approval to IRWO check-lists for ensuring quality control of materials and various activities of work, e.g, earthwork, concrete, R.C.C works, masonry works, plastering, flooring, roofing, plumbing, electrical installations, lift-wells and lifts installation, fire fighting installations, and other activities of work required for the project and carry out joint checks with IRWO as per the approved checklists.
************
Page 38 of 81

SECTION E TENDER FORMS A. Instructions: i) ii) iii) iv) Strike out whichever is not applicable. The Tenderer or his duly authorised agent should initial all pages of the Tender. The Authorised Signatory of the Tenderer should initial all interlineations, erasures, overwriting, additions and alterations in this Tender Form. Where necessary, information may be furnished on separate sheets, which should be signed by the Tenderer or his duly authorised agent.
B. Documents to be submitted as part of the Tender In Sealed Outer Envelope (i) (ii) (iii) (iv) (v) (vi) Covering Letter of Tender, duly completed and signed by the Tenderer, as per Tender Form E1. Checklist of Documents, as per Clause 4.2 of Section C (Annexure C1). Demand Draft / Bankers Cheque for Tender Document Fee (in case the Tender Documents have been downloaded from the IRWO website) Demand Draft / Bankers Cheque for Earnest Money Sealed Packet-1 (Technical Bid) Sealed Packet-2 (Financial / Price Bid)
In Sealed Packet-1 Technical Bid i) ii) iii) iv) v) vi) vii) viii) General Information about the Tenderer with Company profile, Memorandum and Articles of Association, etc., as per Tender Form E2. Joint Tendering Agreement (applicable if the Tender is submitted by a Consortium of Firms), as per Tender Form E3. Power of Attorney for appointing Lead Member duly attested by notary public (applicable if the Tender is submitted by a Consortium of Firms), as per Tender Form E4. Power of Attorney in favour of the Authorised signatory of Tender documents duly attested by notary public, as per Tender Form E5. Technical Proposal in respect of the Project, as per Tender Form E6. Information for Technical Bid, including supporting details, as per Tender Form E7. Affidavit, duly notarised, as per Tender Form E7A. The original Tender document issued to the Tenderer (or the full Tender Document downloaded from IRWO website) duly initialled on all pages by the Authorised Signatory as a token of acceptance, except the Tender Form of Price/Financial Bid.
In Sealed Packet-2 Financial Bid i) Price/Financial Bid, in Tender Form E8
Page 39 of 81

Tender Form E1 Covering Letter of Tender {To be printed on the Letterhead of the Tenderer (in case of sole tenderer) or the Lead Member of Consortium, including full postal address, telephone, faxes and e-mail address} Date: To Managing Director, Indian Railway Welfare Organization (IRWO), Railway Office Complex, Behind Shankar Market, New Delhi 100001 Subject: Construction of Multistoried Flats, including transfer of land, on Turnkey basis at Noida Extension (Greater Noida) Ref: Tender No. IRWO/Tender/Turnkey/Noida Extension/2012-13/1 Dear Sir, With reference to the above Tender invited by you, I/We hereby offer to perform, provide, execute and complete the works in conformity with the Conditions of Contract and Specifications for this Turnkey Work. 1. I/We have read carefully the Tender booklets containing Articles of Agreement, Conditions of Contract, Specifications, General and Special Conditions, Technical Specifications, Tender Forms etc. and I/we understand that the works are to be completed within 42 months from the date of issue of Letter of Acceptance or award of work and fully understand that the time will be the essence of the contract. I/We enclose Demand Draft/Bankers Cheque No.________dated________for an amount of Rs. 50 lakhs (Rupees Fifty Lakhs only) as per Clause No. 3.1 of Instructions to Tenderers, drawn on _______________Bank, payable at Delhi / New Delhi in favour of Indian Railway Welfare Organisation. New Delhi, as Earnest Money and fully understand that this amount will not bear any interest. I / We agree to keep the offer open for 120 days from the date of opening of the Tender. Should this Tender be accepted in whole or in part, I/We hereby agree to abide by and fulfill all the terms and conditions annexed hereto. If I/we fail to commence the work specified in Tender documents, I/we agree that my/our Earnest Money shall stand forfeited absolutely to IRWO otherwise the said Earnest Money shall be retained by the IRWO towards Security Deposit. I/we also agree to the balance security money being deducted from my/our stagewise payment bills in accordance with the conditions of contract.
2.
3. 4.
Page 40 of 81

5. All the terms and conditions contained in the Notice Inviting Tenders, General and Special Conditions of Contract. Specifications for execution of work and additional conditions and the Agreement etc. constituting the Tender documents have been fully read by me/us and explained to me/us and I/we hereby accept the same and sign hereunder in token of my/our acceptance. I/We are further enclosing herewith the following documents: i) ii) Checklist (as per Clause 4.2 of Section C) Sealed Packet-1 containing General Information about the Tenderer (as per Tender Form E2) with Company profile, Memorandum and Articles of Association, etc. *Joint Tendering Agreement (applicable if the Tender is submitted by a Consortium of Firms) (as per Tender Form E3) *Power of Attorney for appointing Lead Member duly attested by notary public (applicable if the Tender is submitted by a Consortium of Firms) (as per Tender Form E4) Power of Attorney in favour of the Authorised Signatory of Tender documents duly attested by notary public (as per Tender Form E5) Technical Proposal of the Tenderer (as per Tender Form E6) Information for Technical Bid (as per Tender Form E7) including supporting details Affidavit duly attested by notary public (as per Tender Form E7A) The original Tender document issued to the Tenderer (or the full Tender Document downloaded from IRWO website), duly initialled on all pages as a token of acceptance, except the Form of Price/Financial Bid.
6.
iii)
Sealed Packet-2 Financial / Price Bid (as per Tender Form E8)
*Strike out in case of Sole Tenderer Yours faithfully, Date: Place: Company Seal of the Bidder/ Lead Member of the Consortium (Signature of the Authorised Signatory) (Name and designation)
Page 41 of 81

Tender Form E2 General Information about the Tenderer 1 Full Name of the Sole Tenderer / Lead Member of the Consortium: (in Block Letters) Tenderers Constitution (Partnership Co. / Public Limited Co. / Pvt.Limited Co.) 3 4 Tenderers Registered Office and Place of Business Tenderers Telephone No. Fax No. E-mail address Name & Address of Directors of the Company (Provide names, office & residence addresses, Telephone no.s, fax nos, e-mail, profession / business engaged in etc.) 6 Company profile giving details of current activities, background of promoters and management structure including Evidence of Incorporation, Partnership Deed, Memorandum of Association (MoA) and Articles of Association (AoA) etc. Income Tax PAN No. and Service Tax Registration No.
7.
Note: Similar information in respect of the other Members of the Consortium should be attached as Tender Form E2A& E2B
Page 42 of 81

Tender Form E3 Joint Tendering Agreement (To be executed on Non-Judicial Stamp Paper of Rs.100 and duly notarised) This Joint Tendering Agreement (the JT Agreement) made at ________ on this __ day of _______, 2012 BY AND BETWEEN _______________________________ (Lead Member), a partnership / private limited / public limited company and having its registered office at _______________________________ (herein after referred to as ________, which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors in interest, subsidiaries and assigns) of the one part; AND _______________________________ (Member 1), a partnership / private limited / public limited company and having its registered office at _______________________________ (herein after referred to as ________, which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors in interest, subsidiaries and assigns) of the second part; AND _______________________________ (Member 2), a partnership / private limited / public limited company and having its registered office at _______________________________ (herein after referred to as ________, which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors in interest, subsidiaries and assigns) of the third part; (__________, ______________ and ____________ shall be individually referred to as the Party and jointly referred to as the Parties) WHEREAS: A. Indian Railway Welfare Organization (IRWO) has invited bids for selection from the real estate Developers either individually or through consortium for Construction of Multistoried Flats, including transfer of land, on Turnkey basis at Noida Extension (Greater Noida) (hereinafter referred to as the Project). _________, ____________ and __________ have agreed to consolidate their resources, experience and jointly submit the offer for the Tender issued by IRWO for Construction of Multistoried Flats, including transfer of land, on Turnkey basis at Noida Extension (Greater Noida) (hereinafter referred to as Tender); The Parties have therefore agreed to enter into an understanding in respect of the submission of the Tender on the terms set out below.
B.
C.
NOW THEREFORE IN CONSIDERATION OF THE PREMISES ABOVE AND THE MUTUAL CONVENANTS HEREIN CONTAINED THE PARTIES HEREBY AGREE AS FOLLOWS: The recital herein contained shall constitute an integral and operative part of this JT Agreement
Page 43 of 81

The Parties hereto agree to consolidate their resources and hereby form a consortium to jointly prepare, submit and Bid with private financing for commercial benefits as detailed in the Tender documents issued by Indian Railway Welfare Organization, (IRWO) for Construction of Multistoried Flats, including transfer of land, on Turnkey basis at Noida Extension (Greater Noida). The Parties hereto agree that ____________ and ___________shall be the Other Members and _______ ____shall be the Lead Member of the Consortium as defined in the Tender documents (collectively referred to as Consortium Members). The Parties shall mutually and jointly take all the decisions with respect to the Project . _________ (Lead Member) shall be authorized to act on behalf of the Consortium as their representative for Tendering and implementation of the Project. ____________ (Lead Member) believes that it has the necessary qualification to fulfill technical capability criteria of successful completion of group housing project and all the members believe that they have the necessary qualifications to jointly fulfill the turnover criteria as detailed in the Tender Documents as well as the criteria for possession of clear, marketable and unencumbered title of land required for the said Project. For the purpose of execution on award of the Tender, the Parties will set up a Special Purpose Vehicle (SPV) within 30 days of receipt of Letter of Award, the common equity shareholding pattern of which shall consist of _______% shares to be held by ______, ______% shares to be held by __________ and _____% shares to be held by ____________. __________ (Lead Member) shall individually and compulsorily hold at least 51% equity stake in the SPV for a period of up to at least one year after the defect liability period. On successful award of the contract, the SPV shall enter into agreements with IRWO, which shall specify the terms and conditions for carrying out the Project (Agreement) and shall carry out all the responsibilities in the terms of the Agreement. The Parties shall be jointly and severally liable for the execution of the Project and be bound in accordance with the terms of Agreement. The role and the responsibility of each Party till the completion of Project shall be as follows: Name of Member Type of Member Role & Responsibility Name of Member Type of Member Role & Responsibility Lead Member Other Member Other Member Any terms and conditions to the extent not agreed upon by the Parties in this JT Agreement shall be mutually agreed upon by the Parties and incorporated in the Article of Association of the SPV. All information, document, etc. exchanged between the Parties related to this JT Agreement or the preparation of any bid or the performance of the Project shall remain confidential and shall not be revealed to any third party for a certain time period to be agreed upon. Unless otherwise required by law, the Parties undertake not to disclose to any third party or anyone else and / or use any Information. [Information shall be deemed to mean and include any idea, data, plans, concepts, designs, technical information, inventions,
Page 44 of 81

specifications and operating experience and shall further include all the tracings, drawings, designs, calculations, sketches, models, reports, specifications, computer assisted design documents, results of programs, computer discs, diskettes or taps, charts, photographs, other data compilations, report (whether in draft form or completed) and other documents and the contents of any of them used by or provided by the Parties in connection with the Bid] without prior consent of the other Party. This JT Agreement shall come into effect on the date of submission of the Tender. This JT Agreement shall be valid for a minimum period of one hundred and eighty days and shall be extended further for such period as may be required by the IRWO, provided the Consortiums offer for this Tender is not rejected by the IRWO. All out-of pocket expenses of and incidental to this JT Agreement including stamp duty and registration fees, if any shall be borne and paid by the Parties in proportion to their shareholding in the SPV. Each Party shall pay and bear their own advocate/solicitors fees in the preparation of this JT Agreement. This JT Agreement shall in all respects be constructed and interpreted in accordance with laws of India. In the event of any dispute or difference between the Parties hereto arising from or relating to anything contained in this JT Agreement, the Parties will endeavour to settle the same amicably. If they are not able to do so within 30 days from the date of such dispute, the same shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The language of such Arbitration will be English and the venue will be ____________ .This Clause shall survive the termination of this JT Agreement. In the event of a dispute(s) between the Parties over the subject of this JT Agreement, the prevailing party shall be entitled to reasonable advocates/solicitors fees and costs incurred in the resolution of such dispute(s). IN WITNESS WHEREOF the Parties hereto have caused this JT Agreement to be executed by their duly authorized representatives the day and year first above written. SIGNED AND DELIVERED B _____________________________ By: _________________________ Title: _________________________ Date: _________________________ SIGNED AND DELIVERED BY _____________________________ By: _________________________ Title: _________________________ Date: _________________________ SIGNED AND DELIVERED BY _____________________________ By: _________________________ Title: _________________________ Date: _________________________ Witnesses: Name Address
Page 45 of 81

Tender Form E4 Tender Format of Power of Attorney for Appointing the Lead Member (To be executed on Non-Judicial Stamp Paper of Rs.100 and duly notarised) KNOW ALL MEN by these presents that we, M/s ...............................[name of member of consortium other than the lead member], a partnership firm / private limited company / public limited company (strike off whatever is not applicable) having its Registered Office at ......................................[address of the company] (hereinafter referred to as Member 1 ) and M/s ...............................[name of member of consortium other than the lead member], a partnership firm / private limited company / public limited company (strike off whatever is not applicable) having its Registered Office at ......................................[address of the company] (hereinafter referred to as Member 2 ) and WHEREAS we M/s ..........................., M/s ............................ and M/s ........................................(insert name and registered office address of all the members) are forming a Consortium to submit their offer in response to the tender (TENDER) for Construction of Multistoried Flats, including transfer of land, on Turnkey basis at Noida Extension (Greater Noida) (the Project) issued by Indian Railway Welfare Organization (IRWOand is desirous of appointing an attorney for the purpose thereof. NOW KNOW YE ALL BY THESE PRESENTS, that we, M/s .......................... and M/s ......................... [names of the members of the consortium other than the Lead Member] do hereby nominate, constitute and appoint M/s ........................................[name of the Lead Member company] as its true and lawful Attorney to do and execute all or any of the following acts, deeds and things for the Consortium in its name and on its behalf, that is to say: a) To act as the Lead Member of the Consortium for the purposes of the Project; b) To procure tender documents, receive and make inquiries, make the necessary corrections and clarifications to the Project documents, as may be necessary; c) To sign all papers for all proposals, offers, Project documents, necessary documents, papers, Tenders, representations and correspondence necessary and proper for the purpose of submitting the Tender.; d) To act as the Consortiums official representative for submitting the Tender for the Project and other relevant documents in connection therewith e) To sign and execute contracts relating to the Project, including variation and modification thereto; f) To represent the Consortium at meetings, discussions, negotiations and presentations with IRWO, Government Authorities, Competent Authorities and other Project related entities;
g) To receive notices, instructions and information for and on behalf of the Consortium; h) To do all such acts, deeds and things in the name and on behalf of the Consortium as necessary for the purpose aforesaid.
Page 46 of 81

AND the Consortium hereby covenants with the said Attorney to ratify and confirm all and whatever the attorney may lawfully do or cause to be done by virtue of these presents. IN WITNESS WHEREOF the Consortium members puts their hand and seal to this Power of Attorney on this [day, month & year] The common seal of [name of one of the Member ] was hereunto affixed pursuant to a resolution passed at the meeting of Committee of Directors held on the ____day of _______, 2012 in the presence of [name & designation of the person] and countersigned by [name & designation of the person] of the Company of [name of the company] The common seal of [name of the other Member ] was hereunto affixed pursuant to a resolution passed at the meeting of Committee of Directors held on the ____day of _______, 2012 in the presence of [name & designation of the person] and countersigned by [name & designation of the person] of the Company of [name of the company] )----------------------------------------------) [name & designation of the person] )----------------------------------------------) [name & designation of the person]
)----------------------------------------------) [name & designation of the person] ) ) )----------------------------------------------) [name & designation of the person]
Witnesses: Name Address Name Address
Page 47 of 81

Tender Form E5 Power of Attorney for signing of Bid This Tender Form is to be submitted only by the Sole Tenderer or Lead Member. (To be executed on Non-Judicial Stamp Paper of Rs.100 and duly notarised) Know all men by these presents, We, ________________________ (name of the firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint and authorise Mr. / Ms (Name), son/daughter/wife of ________________________ and presently residing at ________________________, who is [presently employed with us/ the Lead Member of our Consortium and holding the position of ________________________], as our true and lawful attorney (hereinafter referred to as the Attorney) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our bid for Construction of Multistoried Flats, including transfer of land, on Turnkey basis at Noida Extension (Greater Noida) (Project) proposed or being developed by the Indian Railway Welfare Organization (IRWO) including but not limited to signing and submission of all applications, tenders and other documents and writings, participating in bidders' and other conferences and providing information / responses to IRWO, representing us in all matters before IRWO, signing and execution of all contracts and undertakings consequent to acceptance of our Tender, and generally dealing with IRWO in all matters in connection with or relating to or arising out of our Tender for the said Project and/or upon award thereof to us and/or till the entering into of the Agreement with IRWO. AND I/we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things lawfully done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by my/our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us. IN WITNESS WHEREOF We, ________________________, the above named principal have executed this power of attorney on this __________ day of __________, 2012. For________________________ (Signature) (Name, Title/designation and Address) Common Seal of the Company
I Accept (Signature) (Name, Title and Address of the Attorney)
[Notarised]
Witnesses: 1. 2.
Page 48 of 81

Notes: The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executant(s) and when it is so required, the same should be under common seal affixed in accordance with the required procedure. Also, the Tenderer should submit for verification the extract of the charter documents and documents such as a resolution/power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Tenderer.
Page 49 of 81

Tender Form E6 Tenderers Technical Proposal i) Detailed Layout Plan of the Housing Complex, showing all facilities, services and utilities provided including green areas, roads, pavements, community centre etc. complete. In case the Housing Complex is part of a larger project or if the layout and building plans have been sanctioned by the plan sanctioning authority (GNIDA), authenticated copies of sanction letter, builders license etc, along with the layout and building plans must be submitted. Detailed Unit Plans with carpet area, wall area, balcony area and common area worked out on the drawings based on the norms laid down in these Tender documents, as per Clause 6 of Section D. Detailed Plan & Elevation of the Community Centre / Club House with facilities proposed to be constructed, based on the norms as per Clause 11 of Section D. Number of covered and open car parking spaces which will be provided by the Tenderer in the Housing Complex, based on the norms as per Clause 8 of Section D.
ii)
iii)
iv)
v)
Page 50 of 81

Tender Form E7 Information for Technical Bid The Tenderer firm (in case of Sole Tenderer) or the Lead Member (in case of Consortium) must indicate relevant details of plot of land and showcase relevant turnover & experience in the development of similar projects to fulfill the technical eligibility criteria. For this purpose, the Tenderer must present relevant information in the following Tender Formats. Details of Land - Eligibility Condition 3.1(i) of Section D To be eligible, the title of the plot of land must be clear, marketable and unencumbered and it must be located in Sectors 1,2,3,4, 16, 16-B, 16-C & Technical Zone IV of Noida Extension (Greater Noida). (map enclosed as part of Tender Document at Annexure D1). The plot of land must not be involved in any litigation, disputes, mortgage etc of any sort. The following documents with respect to the plot of land should be submitted along with this Tender Form: i) ii) iii) iv) v) Authenticated copies of GNIDAs allotment letter, possession letter and ownership proof (lease deed) showing clear, marketable and unencumbered title; Authenticated copies of GNIDAs bye-laws/lease terms pertaining to allotment and transfer of land; Location plan, showing the location of the plot of land in Noida Extension (Greater Noida); Photographs of the plot of land; and Affidavit in Tender Form E7A, with certificates from Tehsildar and the GNIDA, in support.
Name of Firm / Member(s) of Consortium who has/have been allotted the land by GNIDA ..
Dimensions and Total Land location of relevant Area ( in plot of land acres)
Month & Year of Allotment
Remarks - List the relevant documentary evidence attached
Details of Gross Turnover & Project Experience - Eligibility Conditions 3.1(ii) & 3.1(iii) of Section D Gross Turnover for the last four consecutive financial years ending 31st March, 2011 from building works should be at least Rs 115 Crores. Turnover from such works in the preceding one financial year ending 31st March, 2011 should not be less than Rs. 29 Crores. In case of consortium, the members of the consortium can aggregate their turnover to fulfil eligibility condition 3.1(ii) subject, however, to the Note below Para 3.1 of Section D. However, the project experience criterion as per eligibility condition 3.1(iii) should be fulfilled by the Lead Member alone.
Page 51 of 81

Authenticated Copies of audited accounts (Balance Sheet and Profit & Loss Account) for the last four consecutive financial years ending 31st March 2011 duly certified by the statutory auditor, are required to be submitted with the offer as documentary evidence of the turnover. In case of a Consortium, all the members whose turnover is considered, should furnish these documents.
Name of Firm / Member of Consortium: .. 2007-08 2008-09 2009-10 2010-11 Total Remarks - List the relevant documentary evidence attached
Turnover from building works in Rs lakhs Turnover of other members (in case of Consortium) in Rs lakhs The Tenderer should have either successfully completed at least one work of Group Housing (with multistoried buildings) of value of Rs.115 Crores, or should have completed two works to the extent of Rs. 58 crores each during the last four consecutive years. Authenticated copies of completion/provisional completion certificate from the concerned local / state government authority are required to be submitted with the offer as documentary evidence. Project photographs may also be enclosed. In case of a Consortium, this requirement should be fulfilled by the Lead Member. Name of Firm / Lead Member of Consortium: .. Sl. No. Name and Brief Total Land Year of Completion location of description Area ( Completion Cost (in Rs relevant about the in hectares & of lakhs) project Nature of acres) and Project the Built up Project Area in sq. m 1. 2. 3.
Remarks - List the relevant documentary evidence attached
Page 52 of 81

Certificate: We declare that all information stated in the tables above and all details/ documents attached are complete and absolutely correct and any error or omission therein, accidental or otherwise, will be sufficient for IRWO to reject our Tender. Further, we specifically certify that the plot of land offered against this Tender is not involved in any litigation, dispute, etc and in support of which we attach an affidavit in Tender Form E7A, along with the prescribed certificates from the Tehsildar and the GNIDA. Dated this _____ day of ___________ 2012 (Name & Signature of Authorised Signatory)______________________ In the capacity of _____________________ (position) duly authorized to sign this Tender for and behalf of _____________________________ (name of sole tenderer/ lead member of the Consortium) _____________________________________ (Address)
Page 53 of 81

TENDER FORM E7A AFFIDAVIT (To be executed on Non-Judicial Stamp Paper of Rs.100 and duly notarised) I, _____________________son of Shri _______________________, aged _____ years, resident of ___________________________________________________, (Director/ Authorized Signatory of M/s.______________________), do hereby solemnly affirm and state as follows:1. That I am the Director/ Authorized Signatory of M/s._______________________ and have been empowered/authorized to affirm this affidavit. I say that M/s._________________________ has been allotted for group housing a plot of land No. ____________ in Sector__________, _______, ____. ______________ measuring __________sq.m. vide letter of allotment No. __________________________ dated ________. That I state that there are no legal proceedings against the aforesaid land before any Civil Court / High Court of Judicature at ______ by the original land owners of the aforesaid land acquired by the State of Uttar Pradesh under the Land Acquisition Act and/or any other State and/or Central Act. That in confirmation to what I have stated in paragraphs No. 1 & 2 above, I have hereby attached certificates issued by the Tehsildar and GNIDA which are true and original copies. DEPONENT VERIFICATION: Verified at ________ on this the _______ day of ______, 2012 that the contents of this affidavit are true to the best of my knowledge and records of the allottee company.
2.
3.
DEPONENT
Page 54 of 81

TENDER FORM E8 FINANCIAL / PRICE BID SCHEDULE OF RATES Dwelling Units (DUs):
Type
Configur ation Ground+ Stilt+
Total No. of DUs
SBA of each DU (sqm)
Total SBA of all DUs (sqm)
Common Rate per sqm of SBA (Rs.)
Cost of each Type of DU (Rs.)
Total Cost of all DUs of each Type (Rs.)
II III IV IV-A Total
Notes: i) ii) iii) iv) v) vi)
vii)
viii)
Rates quoted for SBA of dwelling units shall be inclusive of the cost of land. Rates quoted shall be firm and no escalation, whatsoever, shall be paid. Car parking spaces provided shall have minimum parking size of 5.0 meter X 2.5 meter. All Car parking spaces provided in the stilts/ basements/podiums or in the open are inclusive in the rates quoted for dwelling units in Proforma above. All earmarked parking spaces shall have proper vehicle Driveways to approach the parking areas. Rates quoted against all items in the above Schedule of Rates shall be deemed to have included the cost of all other items pertaining to this turnkey project and nothing extra shall be payable. Cost of any mandatory EWS Housing or land to be earmarked for such Housing should also be included in the rate quoted. IRWO will decide the award of the work based on the rate offered, location of the plot/project, facilities offered, utilities available in the surrounding area etc. IRWOs decision in the matter shall be final. Please also see Note below Para 14.1 of Section D
Place: Dated:
(Signature and Seal of Tenderer)
Page 55 of 81
SECTION F IRWO GENERAL CONDITIONS OF CONTRACT
1. 1.1
GENERAL OBLIGATIONS Intent & Scope of Contract The intent of the contract is that the Developer shall provide work, building and systems in complete functioning order and all work or materials necessary for the above intent shall be deemed to be included and all items will be paid for at the rates established in the Contract.
1.2
The Developer shall supply at his own cost all materials, plant, tools, appliance, implements, ladders, cordage, tackles, scaffolding, shuttering and temporary works required for the proper execution of work whether original, altered or substituted and whether included in the specification or other documents of Tender forming part of the contract or referred to in these conditions or not or which may be necessary for the purpose of satisfying the conditions or as directed by IRWO or its representative at the site the work. The Developer shall also provide all necessary fencing and lights required to protect the public from accident and shall be bound to bear expenses of defence of every suit, actions or other proceedings at law that may be brought by any person for injury sustained owing to the neglect of the above precautions and to pay any damages and costs which may be awarded in such suits, actions or proceedings to any such person or which may, with the consent of the Developer, be paid to compromise any claim by any such person. In no case, IRWO shall be a party to any such claim/claims. Sufficiency of Tender The Developer shall be deemed to have satisfied himself before tendering as to the corrections and sufficiency of his tender for the work and of his prices stated in the schedule which shall except in so far as it is otherwise provided in the contract, cover all his obligations under the contract and all matters and things necessary for the proper completion and maintenance of the work.
1.3
1.4
1.5
Law Governing the Contract The Developer shall be governed by the Law for the time being in force in India. The Developer when called upon to do so shall enter into and execute the contract agreement with the IRWO.
1.6
Compliance to Regulations and By-Laws The Developer shall conform to the provision of any statutes relating to the works and regulations and by-laws of any local authority and of any water and lighting companies or undertakings with whose system the work is proposed to be connected. The Developer shall be bound to give all notice
Page 56 of 81

required by statutes, regulations or by-laws as aforesaid and to pay all fees and taxes payable to any Authority in respect thereof. 1.7 Communication to be in Writing All notices, communications, references and complaints made by the IRWO or IRWOs representative to the Developer concerning the works shall be in writing and no notice, communications, reference or complaint not in writing shall be recognized. 1.8 Service of Notices on the Developer The IRWO and the Developer agree that all notices all complaints, notices, communications and/or references hereunder must be in writing, sent by personal delivery or registered mail or courier unless otherwise specified and must be sent to the respective addresses provided or such other address as may be communicated on for the purpose. The Developer shall furnish to IRWO the name, designation and address of his authorised agents. 1.9 Constitution of Firm The Tenderer (s) who is / are constituents of the firm, company, association or society must forward attested copies of the constitution of their concern, partnership deed and power of attorney with their Tender. Tender documents in such cases are to be signed by such person, as may be legally competent to sign them on behalf of the firm, company, association or society as the case may be. The IRWO will not be bound by any power of attorney granted by the Tenderer(s) or by changes in the composition of the firm made after the execution of the contract. The IRWO may, however, recognize such power of attorney and change after obtaining proper legal-advice cost of which will be chargeable to the Developer. For the avoidance of doubt it is hereby clarified that in the event of a Sole Tenderer being a sole proprietary concern and the proprietor expires after the submission of this tender or after the acceptance of this tender, the tender contract shall be deemed to be cancelled,. In the event the Sole Tenderer is a partnership firm, if a partner of firm expires after the submission of their tender, the tender contract shall be deemed to be cancelled unless the firm retains its character. If the Developers firm is dissolved on account of death, retirement of any partners or for any reason whatsoever, before fully completing the work or any part of it, undertaken by the principle Agreement, the surviving partners shall remain jointly/severely and personally liable to complete the whole work to the satisfaction of the IRWO due to such dissolution. The cancellation of any documents such as power of attorney, partnership deed, etc, shall forthwith be communicated to IRWO in writing, failing which the IRWO shall have no responsibility or liability for any action taken on the strength of the said documents.
Page 57 of 81

.10 Relics All gold, silver, oil and other minerals of any description and all precious stones, coins, treasure, relics antiquities and other similar things which shall be found in or upon the site after transfer of the land shall be the property of the IRWO and the Developer shall duly preserve the same to the satisfaction of the IRWO and shall from time to time deliver the same to such person or persons as the IRWO may appoint to receive the same. 1.11 Excavated Materials The Developer shall not sell or otherwise dispose of or remove except for the purpose of this contract, the said stone, clay, ballast, earth, rock or other substances or materials which may be obtained from any excavation made for the purpose of the works or any building or produce upon the site at the time of delivery of the possession thereof but all such substances, materials, buildings and produce shall be the property of the IRWO provided that the Developer may with the permission of the IRWO, use the same for the purpose of the works either free of cost or pay the cost of the same at such rates as may be determined by IRWO. 1.12 Indemnity by the Developer The Developer shall indemnify and hold harmless the IRWO from and against all actions, suits, proceedings, losses, costs, damages, charges, claims and demands of every nature and description brought or recovered against the IRWO by reason of any act or omission of the contract, his agents or employees, in the execution of the works or in the guarding of the same. All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation without reference to the actual loss or damage sustained and whether or not any damage shall have been sustained. 1.13 Illegal Gratification Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the Developer or his partner, agent or servant or any one of his or on their behalf to any officer, or employee of the IRWO or to any person on his or their behalf in relation to the obtaining or the execution of this or any other contract with the IRWO shall, in addition to any criminal liability which he may incur, subject to the Developer to the rescission of the contract and all other contracts with IRWO and to the payment of any loss or damage resulting from such rescission, IRWO shall be entitled to deduct the amount so payable from any money due to the Developer under the contract or any other contracts with the IRWO. The Developer shall not lend or borrow from or have or enter into any monetary dealings or transactions either directly or indirectly with any employee of the IRWO and if shall do so, the IRWO shall be entitled forthwith to rescind the contract and all other contracts, with the IRWO. Any question or disputes as to the commission of any offence or compensation payable to the IRWO under this clause shall be settled by the Managing Director of the IRWO in such manner as he shall consider fit and sufficient and his decision shall be final and conclusive.
Page 58 of 81

1.14 Time is of essence of Contract The time allowed for execution of works or part of works as specified in the contract documents in accordance with these conditions shall be essence of the contract. Subject to any requirement in the contract as to completion of any portion or portions of work before completion of the whole of the work, the Developer shall fully and finally complete all the work comprised in the contract (with modifications as may be directed under conditions of this contract) by the date entered in the contract. 1.15 Accepted Programme of Work As soon as the work is awarded, but not later than 30 days after the date of issue of acceptance by IRWO of the offer of the Tenderer, the Developer shall submit a detailed programme of work in the Tender Form of CPM, PERT net work, Bar chart indicating the time schedule for commencement and completion of various items of work and complete the same by the stipulated dates of completion. The programme of work amended as necessary after discussions with IRWO shall be treated as agreed programme for the purpose of this contract and the Developer shall endeavour to fulfill this programme of work. Nothing stated herein shall preclude the Developer in achieving earlier completion of the individual items or whole of the work than indicated in the programme. 1.16 Force Majeure Clause i) If at any time during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract shall be prevented or delayed by reasons of any war, hostility, acts of Public enemy, Civil commotion, sabotage, serious losses or damage by fire, explosion, epidemic, strike, lock-out or acts of God (hereinafter referred to as Event), in such an Event, the affected party shall provid notice of the occurance of any such Event within 10 days of occurrence thereof. Neither party shall by reasons of such events be entitled to terminate this contract, nor shall either party have any claim for damages against the other in respect of such non performance or delay in performance, and works under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist and decision of IRWO as to whether the works have been so resumed or not shall be final and conclusive; provided further that if the performance in whole or in part of any obligation under this contract is prevented or delayed by reasons of any such event for a period exceeding 90 days, either party may at its option terminate the contract by giving notice to other party.
ii)
In case of such event for which the Developer has given timely written notice thereof to the IRWO, IRWO shall make a fair and reasonable extension of time for completion of the contract works. The Developer shall nevertheless constantly endeavour to prevent delays and shall do all act that may be reasonably required to the satisfaction of IRWO. The Developers right to an extension of time limit for completion of the work in the above mentioned cases is subject to the following procedures.
iii)
Page 59 of 81

a) That within 10 days after the occurrence of case of Force Majeure but before the expiry of the stipulated date of completion, he informs IRWO in writing that he considers himself entitled to an extension of the time limit. That, he produces evidence of the date of occurrence and the duration of the Force Majeure in an adequate manner by means of documents drawn up by reasonable authorities. That, he proves that the said conditions have actually interfered with the carrying out of the contract. That, he proves that the delay incurred is not due to his own action or lack of action.
b)
c)
d)
In the cases mentioned above for delays in completion of works, such failures or delays shall in no way affect or vitiate the contract or alter the character thereof or entitle the Developer to damage or compensation thereof but the Developer shall apply for extension of time at least 45 days before the completion of the contract period and IRWO shall grant such extension or extension of the completion dates as shall appear to IRWO reasonable in the circumstances and IRWOs decision in the matter will be final and binding on the Developer. 1.17 Slippage in Accepted Programme of Work Any slippage in the accepted programme of work, decided as per clause 1.15 above, except on account of a Force Majeure item (clause 1.16), would entitle IRWO to terminate the contract and carry out the remaining work at the risk and cost of the Developer, after due notice. In addition, delay in handing over the possession of the dwelling units would mean payment of compensation by Developer, as per Clause 12.2 of Section D of this Tender document. 2. 2.1 EXECUTION OF WORKS Developers Understanding It is understood and agreed that the Developer has after careful examination, satisfied himself as to the nature and location of the work, the configuration of ground, the character, quality of the materials to be encountered, the character, quality of the materials to be needed preliminary to and during the execution of the works, the general and local condition, the labour condition prevailing therein and all other matters which can in any way affect the works under the contract. 2.2 Commencement and Execution of Works The Developer shall commence the work within 15 days after the issue of acceptance of his offer in writing from IRWO and shall proceed with and complete the same with due expedition and without delay to the satisfaction of IRWO.
Page 60 of 81

2.3 Programme of Work and Compliance to IRWOs Instructions The Developer shall on receipt of the letter of acceptance or as soon as possible thereafter, but not later than 30 days from the date of issue of letter of acceptance submit to IRWO for their approval, CPM, PERT and BAR charts. The programme shall be prepared in such a manner that it shall have adequate float for the unforeseen items and additional works, if any, and also programme showing the order and procedure in which he proposes to carry out the work. The Developer shall, whenever required by IRWO, also provide, in writing for their information general description of the arrangement and methods, which the Developer proposes to adopt for the execution of the work. If at anytime it should appear to the IRWO that the actual progress of the work does not conform to the approved programme referred to above, the Developer shall produce at the request of IRWO, a revised programme showing the modification to the approved programme necessary to ensure timely completion of the contract. The submission to and approval by IRWO of such programme or the furnishing of such particulars shall not relieve the Developer of any of his duties or responsibilities or obligations under the contract. IRWO or their representatives shall have full powers and authorities during progress of the work to issue such instructions as may be necessary for the proper execution of the work. The Developer shall carry out and be bound by the same. 2.4 Instructions of IRWOs Representative Any instruction or approval given by the IRWOs representatives to the Developer in connection with the works shall bind the Developer as though it had been given by the IRWO provided as follows: a) Failure of the IRWOs Representatives to disapprove any work or materials shall not prejudice the power of the IRWO thereafter to disapprove such work or materials and to order the removal or breaking up thereof. If the Developer shall be dissatisfied by reason of any decision of the IRWOs representative, he shall be entitled to refer the matter to the IRWO who shall there upon confirm or vary such decision.
b)
2.5
Responsibility for Structural Adequacy The Developer shall comply with the provisions of the contract with due care and diligence, execute and maintain the work and provide all labour, including supervision of all works, structural plans and other things whether of temporary or permanent nature required for such execution and maintenance in so far as the necessity for providing these, is specified or is reasonably inferred from the contract. The Developer shall be fully responsible for the adequacy, suitability and safety at site of all the works and methods of the construction adopted.
2.6
Site Accommodation for IRWOs staff The Developer shall provide, erect, maintain, as directed, simple office accommodation which shall be welllit with electrical fixtures and ceiling fans, ventilated and properly furnished alongwith two working toilets and a pantry. The accommodation shall be demolished when the project is completed. The accommodation so provided shall also include 3 rooms for IRWO's Engineer & representative. One room having a 3'x8' executive table with 5' long side rack, executive revolving
Page 61 of 81

and swinging high back, fully upholstered chair, a 3'x7' Godrej steel almirah and six upholstered visitors chairs. Each of the two rooms shall have one 2'x5' office tables with side rack, one office chair and two visitors chairs, a 7' high steel almirah. All rooms shall be provided with desert coolers including running & maintenance cost. A telephone connection for use by IRWO engineers and representatives shall be maintained by the Developer during the currency of the contract including defect liability period. The rooms should also be provided with computers and internet connection. The electricity charges for running the office will also be borne by the Developer. Non compliance of this clause will entitle IRWO to levy a penalty of Rs. 10,000 per month. 2.7 Safety Provisions The Developer shall at his own expense, arrange for the safety provisions as required under various statutory laws imposed in respect of labour directly or indirectly employed for the performance of the work and shall provide all facilities in connection therewith. Precautions in the safety clause are the minimum necessary and shall not relieve the Developer from taking additional safety precautions as may be required for particular type of the work. Also mere observance of these precautions shall not absolve the Developer of his liabilities in case of loss or damage to the property or injury or death of any person including Developers labour, IRWOs representatives or any member of the public. This clause shall be governed by the Indian Labour Laws including but not limited to Uttar Pradesh Labour Welfare Fund Act 1965, Contract Labour Act 1970, Minimum Wages Act 1948, Maternity Benefit Act 1961, etc. 2.8 Adherence to specifications and drawings The whole of the work shall be executed in perfect conformity with the specifications and drawings of the contract, which will be approved by IRWO. If the Developer performs any work in a manner contrary to the specifications or drawings or any of them and without such reference to the IRWO, he shall bear all the costs arising or ensuing there from and shall be responsible for all losses to the IRWO. In case of any work for which there are no specifications in the contract, such work shall be carried out in accordance with the directions provided in writing of the IRWO or its authorized representative. 2.9 Drawings and specifications of the works The Developer shall keep one copy of drawings and specifications including CPWD & relevant BIS specifications at the site in good order, and such other contract documents as may be necessary and make available to the IRWO and the IRWOs representatives, whenever deemed necessary. 2.10 Meaning and intent of specifications & drawings If any ambiguity arises as to the meaning and intent of any portion of the specifications and drawings or as to execution or quality of any work or material, the decision of the IRWO thereon shall be final subject to appeal (within seven days of such decision being intimated to the Developer) to the Director Technical of IRWO, who shall have the power to correct any errors, omissions, or discrepancies in the specifications, drawings, classification of work or materials, and whose decision in the matter, in dispute or doubt, shall be final and conclusive.
Page 62 of 81

2.11 Workmanship and Testing a) The whole of the works and/or supply of materials specified and provided in the contract or that may be necessary to be done in order to form and complete any part thereof shall be executed in the best and most substantial workman like manner with materials of the best and approved quality of their respective kinds, agreeable to the particulars contained in or implied by the specifications and as referred to in and represented by the drawings or in such other additional particulars, instructions and drawings as may be found requisite to be given during the carrying on the works and to the entire satisfaction of the IRWO according to the instructions and directions which the Developer may from time to time receive . The Developer shall, at his own cost and expense, supply to the IRWO samples of materials proposed to be used in the works. The samples must be provided at least six weeks before they are to be incorporated in works. The IRWO shall within seven days of supply of samples or within such further period as he may require, inform the Developer whether the said samples are approved by him or not. If samples are not approved, the Developer shall forthwith arrange to supply the IRWO for its approval, a fresh sample complying with the specification laid down in the contract. No materials shall be brought by the Developer to the site unless samples of the same are approved by the IRWO. The materials maybe subjected to tests by means of such machines, instruments, institutions laboratory and appliances as the IRWO may direct and entirely at the expenses of the Developer. The decision of the IRWO shall be final in this respect. The Developer shall arrange to keep at site all relevant Indian Standards and C.P.W.D. Specifications with latest amendments and ensure its availability to IRWO at all times. A copy of the National Building code shall also be kept of site by the Developer. The materials brought to site by the Developer and before they are allowed to be used in the work, the same shall be inspected by the IRWO to ensure that these conform to the required specification and record a certificate to that effect in the register to be maintained for this purpose. The Developer shall take supplies of materials of approved brands directly from the manufacturer or from their authorised agent only. In the event of duplicate material found to have been used in the work, it will have to be replaced by the Developer at his own cost and no payment will be made for such items for removal/replacement of the duplicate material(s). Testing Laboratory The Developer during the course of execution of the work shall at his own expense provide a testing laboratory for conducting necessary tests for materials to be used in the works such as bricks, sand, aggregate, compressive strength of concrete cubes, batching of concrete, etc. The Laboratory should be equipped with all such instruments as required such as Cube Testing Machine, Sieves, Weighing Scales, Graduated cylinders, Slump Test Cone, Veneer Caliper, Micrometers, Cable Gauge, Multimeter, Earth Testing, Maggar, Bubble Levels, Theodolite, Dumpy Level, Oven, Moisture Metre, Rebound Hammer, Gauge, Screw gauge, adequate number of cube moulds for testing cube of concrete and cement, plumb nylon
b)
c)
d)
e)
Page 63 of 81

thread, steel tapes, torch etc. Non maintenance of fully equipped laboratory will attract a penalty of Rs. 500/- per day. If any tests are required by the IRWO to be carried out by any other approved laboratory, all the costs for such tests shall be borne by the Developer. f) Workmanship The Developer shall engage specialist firms for the execution of the following works: Electrical sub-Developer(s) (holding registration with Government Departments) Plumbing, sanitary, sewerage and water supply sub-Developer(s) (holding registration with Government Departments) Waterproofing works (manufacturer's authorised applicator) Anti-termite works (manufacturer authorised applicator)
2.12
Facilities for Inspection and Access to Site of Work a) The Developer shall afford IRWO's representative every facility for entering in and upon every portion of the work at all hours for the purpose and IRWO's representatives shall at all times have free access to every part of the works and to all places/workshops/factories at which materials for the works are stored or being obtained/manufactured. If required by the approving Municipal Authority or any other authority, the Developer shall attend their inspector and comply with the direction and requirement and obtain whatever approval and sanctions are necessitated on different stages of execution and completion of work.
b)
2.13
Precautions during progress of Works During the execution of works, unless otherwise specified the Developer shall at his own cost provide materials for and execute all shoring, timbering, shuttering and scaffolding and structuring work as are necessary for the stability and safety of all structures, excavations and works and shall ensure that no damage, injury or loss is caused or likely to be caused to any person or property.
2.14
Rates for Items of Works a) The rates entered in the accepted schedule of rates of the contract are on the basis of rate per sq.m. Of Super Built Area (SBA). These are intended to provide for works duly and properly completed in accordance with the General and Special conditions of contract and the specification and drawings together with such enlargements, extensions, diminution's, reductions, alterations, or additions as may be ordered without prejudice to the generality thereof and shall be deemed to include and cover superintendence and labour. Supply, including full freight of material, stores, patterns, profiles, moulds, fittings, centering, scaffoldings, shoring, props, timber, machinery, derricks, tackle, ropes, pegs, posts, tools,
Page 64 of 81

etc. and all apparatus and plant required on the works, the erections, maintenance and removal of all temporary works and buildings, all watching, lighting, bailing/pumping and draining of water, all prevention of or compensation for trespass, all barriers and arrangements for the safety of the public or of employees during the execution of works, all sanitary and medical arrangements for labour camps as may be prescribed, the setting of all work and of the construction, repair and upkeep of all center lines, bench marks and level pegs thereon, site clearance, all fees, duties, royalties, rent and compensation to owners for surface damage or taxes and impositions payable to local authorities in respect of land, structures and all materials supplied for the works, or other duties or expenses for which the Developer may become liable or may be put to under any provision of law for the purpose of or in connection with the execution of the contract, and all such other incidental charges or contingencies as may have been specially provided for in the specifications. b) The quoted rates for all items of works in the schedule shall also include the following unless otherwise specified: i) Working in/under water, liquid mud, foul conditions, etc. and shall also include bailing or pumping out of water from the excavations/foundations or any other place of construction site and the excavated area/works executed below ground level shall be kept free from such water, till the completion of work, including all suspension period and days whatsoever. Execution of works at all heights, levels and depths in all shapes, sizes and sections and in congested area including all lead and lifts etc. Scattered works, including additions/alterations required at a later stage, leaving openings, toothings, holes, curing, scaffolding, finishing of edges of switch boxes, junction boxes and other similar works, as required and directed by the IRWO. All duties and taxes including Works Tax, Sales Tax, Turnover Tax, Excise duties, VAT, Octroi and other levies notified by Central and / or State Govt., Local Bodies and Other Authorities and applicable on date of submission of tender.
ii)
iii)
iv)
c)
The Developer for carrying out any construction work in Uttar Pradesh must get themselves registered from the Registering Officer under Section-7 of the Building and Other Construction Workers Act, 1996 and rules made thereto by the Uttar Pradesh Government and submit Certificate of Registration issued from the Registering Officer of the Uttar Pradesh Government (Labour Department). In terms of the Act, the Developer shall be required to pay cess @ 1% of cost of construction work to be deducted from each bill. Cost of material shall be outside the purview of cess, when supplied under a separate schedule item.
2.15
GUARANTEES
2.15.1 Quality of work The Developer shall guarantee that the materials and workmanship are the best of their respective kinds for the service intended and that all items of work will be free from all inherent defects in
Page 65 of 81

workmanship and materials. He shall also guarantee that the work will not fail in any respect due to quality of material, workmanship and methods of construction. The specifications assume a proper degree of skill on the part of Developer and workmen employed. The Developer shall consult the IRWO, whenever in his judgment variation in the methods of construction or in the quality of the materials would be beneficial, if necessary, to fulfill the guarantees called for. Such variations may be made by the Developer only when authorized by the IRWO in writing. 2.15.2 Rejection During the period of maintenance any work or material shall fail in any respect to meet the above guarantee, the Developer shall replace such work or material in a condition, which will meet the above guarantee, immediately. 2.15.3 Cost of Execution of work or repair etc All work or repair shall be carried out by the Developer at his own expense if the necessity thereof shall in the opinion of the IRWO be due to the use of materials or workmanship not in accordance with the contract or on account of neglect or failure on the part of the Developer to comply with any obligation expressed or implied on the Developers part under the contract. If in the opinion of the IRWO such necessity shall be due to any other cause, the value of such work shall be ascertained and paid for as if it were additional work.
2.15.4 Remedy on Developers failure to carry out works required If the Developer fails to do any such work, or repair, as aforesaid required by the IRWO, the IRWO shall be entitled to carry out such works or repair at the Developers cost. The IRWO shall be entitled to recover from the Developer the cost thereof or may deduct the same from any money due or that may become due to the Developer. 2.16. Insurance for works and damages to persons and property:
2.16.1. Insurance for works: The Developer at the time of signing the contract or before commencing the execution of the work, without limiting his obligations and responsibilities shall insure the works at his own cost and keep them insured not only until the virtual completion of the contract but up to satisfactory completion of the defect liability period including extended defect liability period, if any, against all acts of God including Fire, Theft, Riots, War, Floods, etc. with Nationalised Insurance Agency in the joint names of the IRWO and Developer (the name of the Tender Former being placed first in the policy) for the full amount of the contract and inclusive of the full market value of the materials to be supplied free of cost by the IRWO. Such policy shall cover the risks linked to the property of the IRWO, fees for assessing the claim and in connection with Developers services generally therein. This policy, however, shall not cover any property of the Developer or of any sub-Developer or their employees.
Page 66 of 81

2.16.2. Insurance in respect of damages to persons and property : The Developer shall be responsible for all injury to persons, animals or things and for all structural and decorative damage to property which may arise from the operation or neglect of himself or of any approved sub-Developers or Employees, whether such injury or damage arise from carelessness, accident or any other cause whatsoever in any way connected with the carrying out of this contract. The clause should be held to include any damage to buildings, whether immediately adjacent or otherwise, and any damage to roads, streets, footpaths, bridges, sewerage, water supply & other services and works Tender Forming the subject of this contract by frost or other inclemency of the weather. The Developer shall indemnify the IRWO and hold him harmless in respect of all and any expenses arising from any such injury or damage to persons or property as aforesaid and also in respect of any claims made in respect of injury or damage under any Acts of Government or otherwise and also in respect of any award of compensation of damages consequent upon such claims. The Developer shall reinstate all damages of every sort mentioned in this clause, so as to deliver up the whole of the contract works complete and perfect in every respect and so as to make good or otherwise satisfy all claims for damage to the property of third parties. The Developer shall indemnify the IRWO against all claims which may be made against the IRWO by any member of the public or other third party in respect of works in consequence thereof and shall at his own expense arrange to effect and maintain, not only until the virtual completion of the contract, but up to satisfactory completion of the defect liability period including extended defect liability period, if any, with any Nationalised Insurance Agency in the joint names of the IRWO and the Developer against such risks and deposit such policy or policies with the IRWO from time to time during the currency of this contract. The Developer shall similarly indemnify the IRWO against all claims which may be made upon the IRWO whether under the Workmens Compensation Act or any other statute in force during the currency of this contract or at common law in respect of any employee of the Developer or any sub- Developer and shall at his own expense effect and maintain with an approved office a policy of insurance in the joint names of the IRWO and the Developer. (The name of the IRWO appearing being place first in the policy) against such risks and deposit such policy or policies with the IRWO from time to time during the currency of the contract. The Developer shall be responsible for anything which may be excluded from the Insurance Policies above referred to and also for all other damages to any property arising out of and incidental to the negligent or defective carrying out of this contract. The Developer shall also indemnify the IRWO in respect of any cost charges or expenses arising out of any claim or proceedings and also in respect of any award of/or compensation of damages arising there from. If the Developer fails to comply with the terms of these conditions, the IRWO may insure the works and may deduct the amount of the premiums paid from any moneys that may be payable or become payable to the Developer or may as an option, not release running payment to the Developer until the Developer shall have complied with the terms of this condition. Such insurance, whether effected by the IRWO or the Developer will not limit or bar the liability and obligation of the Developer to deliver the works to the IRWO complete in all respects according to the contract. In case of loss or damage due to any of the aforesaid causes, the moneys payable under any such insurance shall be then received and retained by the IRWO until the works are finally
Page 67 of 81

completed and satisfactorily maintained during the defect liability period including extended defect liability period, if any, and such moneys shall then be credited to the Developer in final settlement of accounts. The IRWO shall be at liberty and is empowered to deduct the amount of any damage, compensation cost, charges and expenses arising or accruing from or in respect of any such claim or damage from any sum or sums due to or become due to the Developer including the security deposit. The Developer shall as soon as any claim under the policy is settled or the work reinstated by the insurance office should elect to do so, proceed with all de diligence with the completion of the works in the same manner as though misfortune/accident has not occurred and in all respects under the same conditions of contract. The Developer in case of rebuilding or reinstatement after the accident, shall be entitled to such extension of time from the IRWO as deemed fit. The Developer shall deposit the original policy/policies and original receipts for the premium with the IRWO within 21 (twenty one) days from the date of signing the contract/commencement of execution of works or unless otherwise instructed by the IRWO. The value of the insurance policy shall be of the contract value, excluding cost of land. However, towards obtaining the policy, the Developer shall have the following options. To obtain the policy for the full value of the work (excluding cost of land) stipulated in the contract at first instance. To obtain the policies in the following manner (excluding cost of land): Policy worth 25% of the contract value before start of construction. Policy worth 50% (cumulative) prior to completion of 25% of value of work done. Policy worth 75% (cumulative) prior to completion of 75% of value of work done Policy worth 100% (cumulative) prior to completing of 75% of value of work done which shall be valid up to expiry of defect liability period. 3. 3.1 CERTIFICATES AND PAYMENT Stage-wise Payments The Developer shall be entitled to be paid from time to time by way of Stage-wise Payments block wise on pro-rata basis only for such works as in the opinion of the IRWO he has executed at site subject to any deduction, which may be made from the same, as per the details indicated in Clause 15 of Section D of this Tender Document. In Stage-I, an advance payment will be made to the Developer on signing of the Agreement, subject to his furnishing an unconditional and irrevocable Bank Guarantee, as specified in Clause 15.3 (1) of Section D.
Page 68 of 81

In Stage-II, Developer will be paid for the land transferred to IRWO, as per details mentioned in clause 15.3 (2) of Section D. Stage-III payments will be made as indicated in clause 15.3(3). Payments in Stage-IV will be made, as per details indicated in Clause 15.4 of Section D, on the basis of bills which shall be submitted by the Developer in the prescribed Performa approved by IRWO. No Bill submitted incomplete or not in the prescribed manner will be entertained. The bill shall be submitted by the Developer complete in all respects to the representative of IRWO at the site office. After certification by IRWOs representative, the same will be normally paid within 15 days of submission. The Developer shall, however, not be entitled for any interest or any other compensation due to delayed payment. Normally, on account payment for the work done by the Developer shall be made once a month, provided that the gross value of the work done is not less than Rs. 2.5 crores. 3.2 Final Payment Stage-V payment would be made on completion of requirements as indicated in Clause 15.3 (5) of Section D and subject to the yardsticks mentioned in Clause 15.5 and on submission of bill duly certified by IRWOs representative at site. The Stage-VI payment will be made on the basis of final certificate to be issued in writing by the IRWO at the expiration of the period referred to as the Defects Liability Period from the date of virtual completion or as soon as after the expiration of such period as the works shall have been finally completed and all defects made good according to the true intent and meaning hereof whichever shall last happen, provided always that the issue by the IRWO of any certificate during the progress of the work and after the completion shall not relieve the Developer from his liability in cases of fraud, dishonesty, or fraudulent concealment relating to the works or materials or to any matter dealt within the certificate in case of all defects and insufficiencies in the works or materials which reasonable examination could not have disclosed. The net amount payable to the Developer against the Stage-V bill, as worked out after technical check by IRWO shall be released after the Developer has rendered No Claim Certificate (except for the claim payable after the Defects Liability Period). In case of termination/ rescinding of the contract, the Developer shall advise IRWO regarding the extent of work done within seven days from the date of termination/ rescinding for joint verification with the IRWOs representative, failing which the IRWOs representative will inspect the work after giving due notice to the Developer of the date and time of the verification and in case the Developer still fails to associate with the verification, then the certificate of verification so recorded by IRWOs representative shall be final and binding on the Developer. 3.3 Delayed payments All payments as due to the Developer in pursuance of any certificate given by the IRWO shall be made promptly unless some bill has been held up under objection in writing pending clarification or reply from the Developer. All objections shall be resolved to the satisfaction of the IRWO if
Page 69 of 81

necessary by holding meetings and discussions, minutes whereof shall be recorded. No interest, however, shall be claimed or payable for such delayed payments. 3.4 3.4.1 Maintenance of Work The Developer shall at all times during the progress and continuance of the works and also for the period of maintenance (Defects Liability Period) specified in the Tender Form and after the date of issue of the certificate of completion by the IRWO or any other earlier date subsequent to the completion of the works that may be fixed by the IRWO be responsible for and effectually maintain and uphold in good substantial, sound and perfect condition all and every part of the works and shall make good from time to time at all times as often as the IRWO shall require, any damage or defect that may during the above period arise in or be discovered or be in any way connected with the works, provided that such damage or defect is not directly caused by act of providence or insurrection or civil riot and the Developer shall be liable for and shall pay and make good to the IRWO whenever required by the IRWO to do so, all losses, damages, costs and expenses they or any of them may incur or be put to or be liable to by reason or in consequence of the operations of the Developer or of his failure in any respect. Handing Over Services and Site Development Works The Developer shall hand over the site development works, i.e. sewerage, drainage, water supply etc. to the concerned authorities in good substantial, sound and perfect conditions, as acceptable to the concerned authorities at his own cost, including liaison with and arranging inspection by, concerned local authorities. 3.5 Period of Maintenance for Complete Work (Defects Liability Period) The period of maintenance for the works shall be twelve months starting from the date of completion of the work or as certified by the IRWO. However, for specialized works like water proofing treatment and anti-termite treatments, the defects liability period shall be 10 (ten) years from the date of completion of works as certified by the IRWO. 3.6 Contract Valid During Maintenance Period The contract shall remain valid and in force until the expiry of maintenance period. (Defects Liability Period) 3.7 Certificate of Completion of Works
3.4.2
3.7.1. As soon as the work is completed, the Developer shall give notice of such completion whether the whole of the work or any part of the work for which a separate date of completion is stipulated in the contract, to the IRWO. Within thirty days of receipt of such notice IRWO shall inspect the work and shall arrange for carrying out of such tests that may be prescribed under the contract. If the IRWO notices any incomplete items of works or any defects which are to be rectified by the Developer or if any part of the works fails to pass the specified tests, IRWO shall furnish to the
Page 70 of 81

Developer list of all such incomplete works, deficiencies, defects, failure to pass test etc. and may refuse issue of certificate of completion to the Developer, provided however, that such certificate shall not be refused only on the grounds of any defects in the work required to be carried out in respect of contracts/items wherein a specific defect liability period is provided for . If in the opinion of IRWO the work shall have been satisfactorily completed, its final test or tests that may be prescribed, the IRWO shall issue a certificate of completion indicating the date of completion. 3.7.2. Defect liability period, if any, shall commence from the date of such certificate. In case separate periods of completion have been specified for items or groups, the IRWO shall issue separate Completion Certificate for such items or groups of items. No certificate of completion shall be issued nor shall work be considered to be complete till the Developer shall have removed from the premises on which the work has been executed all scaffoldings, sheds and surplus materials except such as are required for rectification of defects, rubbish and all huts and sanitary arrangements required for his workmen at the site in connection with the execution of the work as shall have been erected by the Developer or the workmen and cleaned all dirt from the parts of buildings in, upon or about which the work has been executed or of which he may have cleaned floors, gutters and drains, cased doors and sashes, oiled locks and fastenings labeled keys clearly, hand them over to the IRWO or his representatives and made the whole premises fit for immediate occupation for use to the satisfaction of the IRWO. If the Developer shall fail to comply with any of the requirements of these conditions as aforesaid, on or before the date of completion of the works, the IRWO may at the expense of the Developer fulfill such requirements and dispose of the scaffoldings, surplus materials and rubbish etc, as he thinks fit and the Developer shall have no claim in respect of any such scaffoldings or surplus materials except for any sum actually realized by the sale thereof less the cost of fulfilling the requirements and any other amount that may be due from the Developer. If the expenses of fulfilling such requirements are more than the amount realized on such disposal as aforesaid, the Developer shall forthwith on demand pay such excess. 3.7.3. If at any time before completion of the entire work, items or group of items for which separate periods of completion have been specified have been completed, the IRWO shall take possession of any part or parts of the same (any such part (s) being hereinafter in the condition referred to as the relevant part) then not-withstanding anything expressed or implied elsewhere in this contract. 3.7.4. Within thirty days of the date of completion of such items or groups of items or of possession of the relevant part, the IRWO / IRWO shall issue Completion Certificate for the relevant part as in condition above provided the Developer fulfills his obligations under that condition for the relevant part. 3.7.5. The defect liability period in respect of such items and the relevant part shall be deemed to have commenced from the certified date of completion of such items or the relevant part as the case may be. 3.7.6. The Developer may reduce the value insured by the full value of the completed items or relevant part as estimated by the IRWO for this purpose. This estimate shall be applicable for this purpose only and for no other purpose. 3.7.7. On completion of the work, the individual dwelling units shall be handed over by the Developer to the respective allottees individually in presence of I.R.W.Os authorized representative within the
Page 71 of 81

defect liability period. However, if the particular allottee does not turn up for taking possession of the dwelling unit or the allotment of the said dwelling unit has not been issued by I.R.W.O. during the defect liability period, the possession of the same shall be handed over by the Developer to I.R.W.Os authorized representative. 3.8 Developer Not Absolved By Completion Certificate The Certificate of Completion in respect of the works referred to in clause 3.7 shall not absolve the Developer from his liability to make good any defects, imperfections shrinkage or faults which may appear during the period of maintenance specified in the tender arising in the opinion of the IRWO from materials or workmanship not in accordance with the Drawings or specifications or instructions of the IRWO which defects, imperfections, shrinkage or faults shall upon the directions in writing of the IRWO be amended and made good by the Developer at his own cost and in case of default on the part of the Developer, the IRWO may employ labour and material or appoint another Developer to amend and make good such defects, imperfections, shrinkage and faults and all expenses consequent thereon and incidental thereto shall be borne by the Developer and shall be recoverable from any amount due to him under the contract. Any defect shrinkage, settlement or other faults which may appear within the Defects Liability Period, or within twelve months after the virtual completion of the works arising in the opinion of the IRWO from materials, or workmanship not in accordance with the contract shall upon the directions in writing of the IRWO and within such reasonable time as shall be specified therein, be amended and made good by the Developer, at his own cost and unless the IRWO in consultation with their IRWO shall decide that he ought to be paid for such amending and making good, and in case of default the IRWO may employ and pay other persons to amend and make good such damage, loss and all expenses shall be recoverable from him by the IRWO upon the IRWOs Certificate in writing from any moneys due or that any become due to the Developer, or the IRWO in lieu of such amending and making good by the Developers deduct from any money due to the Developer a sum to the determined by the IRWO equivalent to the cost of amending such work and in the event of the amount retained being insufficient, recover the balance from the Developer together with any expenses the IRWO may have incurred in connection therewith. Should any defective work have been done or material supplied by any sub-Developer employed on the works, the Developer shall be liable to make good in the same manner as if such work or material had been done or supplied by the Developer. The defect liability period would automatically extend till the defects pointed out during defect liability period are made good to the satisfaction of IRWO. The Developer shall remain liable under the provision of this clause not-withstanding the signing by the IRWO of any certificate or the passing of any accounts. 3.9 Approval only by maintenance Certificate No certificate other than the maintenance certificate referred to in clause 3.10 of these conditions shall be deemed to constitute approval of any work or other matter in respect of which it is issued or shall be taken part thereof or of the accuracy of any claim or demand made by the Developer or additional or varied work having been ordered by the IRWO nor shall any other certificate conclude or prejudice any of the powers of the IRWO.
Page 72 of 81
3.10
Cessation of IRWOs Liability The IRWO shall not be liable to the Developer for any matter arising out of or in connection with the contract or the execution of the works unless the Developer shall have made a claim in writing in respect thereof before the issue of the maintenance certificate under the clause. Unfulfilled Obligations Notwithstanding the issue of the maintenance certificate to the Developer, the Developer shall remain liable for the fulfillment of any obligation incurred under the provisions of the contract prior to the issue of the maintenance certificate which remains affirmed at the time such certificate is issued and for the purposes of determining the nature and extent of any such obligations, the contract shall be deemed to remain in force between the parties hereto
3.11
3.12
Records to be produced by the Developer for Inspection The Developer shall whenever required by the IRWO or his authorised representatives, produce or cause to be produced for examination any quotation, invoice cost or other accounts, books, vouchers, receipts, letters, memorandum or any copy of or extract from any such documents and also furnish information as may be required relating to the execution of this contract or relevant for verifying or ascertaining that materials supplied by the Developer are in accordance with the specifications laid down in the contract. The IRWO's decision on the question of relevancy of any documents or information or returns will be final and binding on the Developer. If any part of the item of the work is allowed to be carried out by a sub-Developer or any subsidiary or allied firm, the IRWO shall have power to scrutinize the books of such sub-Developer or any subsidiary or allied firm through the Developer and shall have power to examine and inspect the same. The obligations imposed above are without prejudice to the obligations of the Developer under any statute, rules or orders binding on the Developer.
3.13
Withholding and Lien in Respect of sums claimed Whenever any claim or claims for payment of a sum of money arises out of or under the contract against the Developer, the IRWO shall be entitled to withhold and also have a lien to retain such sum or sums in whole or in part from the security, if any, deposited by the Developer, and for the purpose aforesaid, the IRWO shall be entitled to withhold the said cash Security Deposit or the security in any other Tender Form including Bank Guarantee and also have a lien over the same pending finalization or adjudication of any such claims. In the event of the security being insufficient to cover the claim amount or amounts or if any Security deposit has been taken from the Developer, the IRWO shall have the right to withhold and have a lien to retain to the extent such claim amounts from any sum or sums, found payable or which any time with any other office, subsidiary of the IRWO thereafter may become payable to the Developer either alone or jointly with other under the same contract or any other contract with the IRWO or pending finalization or adjudication of any such claims.
Page 73 of 81

It is an agreed term of the contract the amount so withheld or retained under the lien referred to above by the IRWO shall be kept withheld or retained by the IRWO till the IRWOs claim arising out of or under the contract are mutually settled or determined by the Arbitrator (If the contract is governed by the arbitration clause) or by the competent court, as the case may be, and that the Developer will have no claim for interest or damages, whatsoever, on any account in respect of such withholding or retention under the lien referred to above and duly notified as such to the Developer. For the purpose of this clause, where the Developer is a partnership firm or a limited company, the IRWO shall be entitled to withhold and also have a lien to retain towards such claimed amount or amounts in whole or in part from any sum found payable to any partner / limited company, as the case may be, whether in his individual capacity or otherwise. 3.14 Lien in respect of Claim in other Contract Any sum or money due and payable to the Developer either alone or jointly with other including the Security Deposit returnable to him, under the contract, may be withheld or retained by way of lien by the IRWO against any claim of IRWO or in respect of payment of a sum of money arising out of or under any other contract made by the Developer with the IRWO or any other office or subsidiary of the IRWO. It is an agreed term of the contract that the sum of money so withheld or retained under this clause by the IRWO shall be kept withheld or retained by the IRWO till the claim arising out or any other contract is either mutually settled or determined by the Arbitrator (if the Developer is governed by the arbitration clause) or by the competent court, as the case may be and the Developer shall have no claim for interest or damages, whatsoever on any account or on any other account in respect of any sum of money withheld or retained under this clause duly notified to the Developer. 3.15 Signature of Receipts for Amounts Every receipt of money which may become payable or for any security which may become transferable to the Developer under this contract shall if signed in the partnership name by any of the partners of a Developer, firm or by a person (holding power of attorney if the Developers firm is a limited company) be a good and sufficient discharge to the IRWO in respect of money or security purported to be acknowledged thereby. In the event of the death of any other partners during the currency of the contract, it is hereby expressly agreed that every receipt by any one of the surviving partner shall, so signed as a foresaid be binding. Nothing in this clause shall be deemed to prejudice or affect any claim which the IRWO may hereinafter have against the legal representative of any of the Developers partners so doing, for or in respect of breach of any of the conditions of the contract, provided also that nothing in this clause extinguishes rights or the obligations of the Developers partners and of the legal heirs/representative or any deceased Developer/Partner(s) to the IRWO. 4. 4.1 LABOUR Compliance with Labour Laws Developer and its employees shall comply with all laws and statutory regulations dealing with the employment of labour, including, but not limited to:
Page 74 of 81

The Payment of Wages Act, 1936 The Minimum Wages Act, 1948 The Workmens Compensation Act, 1923 Employers Liability Act, 1938 Industrial Disputes Act, 1947 Maternity Benefit Act 1961 Mines Act, 1952 The Employees State Insurance Act, 1948, Employees Provident Fund Scheme. Child labour (Prohibition & Regulation) Act-1986 The Contract Labour (Regulation and Abolishing) Act, 1970 & Contract Labour (Regulations & Abolition) Central Rules, 1971. Building and other construction workers welfare cess Act 1996. Safety codes, Labour welfare Acts or Rules or any modification thereof, any other Laws & Regulations framed by the competent Legislative Authorities from time to time. 4.2 Rest Days and Default Under Labour Laws So far as practicable, the Developer shall observe days of rest for the labour so as to coincide with the days of rest specified by the IRWO on having received report from the competent inspecting officer as defined under any / all of the above Acts, shall have the power to deduct from the money due to the Developer any sum required or estimated to be required for making good the loss suffered by the worker/workers for the non fulfillment of the conditions of the contract for the benefit of the workers, non payment of the wages. The Developer shall indemnify IRWO against any payments to be paid under and for the observance of regulations aforesaid without prejudice to his right to claim indemnity from his sub-Developers. 4.3. (i) Developer shall require its employees to obey all applicable laws, including those concerning safety at work. (ii) IRWO shall not be liable for any acts or omissions of the Developer and its employees in complying with the relevant labour laws, rules and regulations.
Page 75 of 81

4.4 Engagement of Labour
4.4.1. The Developer shall employ labour in sufficient numbers either directly or through subcontractors, where such subletting is permitted to maintain the required rate of progress and quality to ensure workmanship of the degree specified in the contract and to the satisfaction of the IRWO. The Developer shall not employ in connection with the works any person who has not completed his seventeenth year of age. 4.4.2. The Developer shall indemnify the IRWO against any payment to be made under and for observance of the Regulations aforesaid without prejudice to his right to claim indemnity from his subDevelopers. 4.5. Completion Drawings. The Developer shall be required to submit the following as-built drawings on non-tearable film and soft copies in CD(s) on completion of works: (a) Electrical works (b) Water supply works (c) Sewerage Works. (d) Fire fighting works (e)All Architechtural and Structural plans for the project.. 5. 5.1 DETERMINATION OF CONTRACT Right of IRWO to Determine Contract The IRWO shall be entitled to determine and terminate the contract at any time should in the IRWOs opinion, the cessation of work becomes necessary owing to paucity of funds or from any other cause, whatsoever, in which case the value of approved materials at site and of work done to date by the Developer will be paid for in full based on a joint assessment by IRWO and Developers representatives. Notice in writing from the IRWO of such determination and the reason therefore shall be conclusive evidence thereof. 5.2 Payment on Determination of Contract Should the contract be determined under sub-clause 5.1 of this Clause, the Developer shall have no claim to any payment of compensation or otherwise howsoever on account of any profit or advantage which he might have derived from the execution of the work in full but which he did not derive in consequence of determination of the contract. The IRWOs decision on the necessity and propriety of such expenditure shall be final and conclusive. 5.3 Determination of Contract Owing To Default of Developer If the Developer should: i) become bankrupt or insolvent of
Page 76 of 81

ii) make an arrangement with or assignment in favour of his creditors, or agree to carry out the contract under a Committee of Inspection of his creditors, or being a company or corporation, go into liquidation (other than a voluntary liquidation) for the purpose of amalgamation or reconstruction, or have an execution levied on his goods or property on the works, or assign the contract or any part thereof otherwise than as provided in these conditions, or abandon the contract, or persistently disregard the instructions of the IRWO or contravene any provision of the contract, or fail to adhere to the agreed programme of work by a margin of 10% of the stipulated period or fail to remove materials from the site or to pull down and replace work after receiving from the IRWO notice to the effect that the said materials or works have been condemned or rejected fail to afford the IRWO or IRWOs representative proper facilities for inspecting the work or any part thereof as required or Promise, offer to give any bribe, commission, gift or advantage either himself or through his partner, agent or servant to any officer or employee of the IRWO or to any person of his or on their behalf in relation to the execution of this or any other contract with the IRWO.
iii)
iv) v) vi) vii)
viii)
ix)
x)
xi)
5.4
Procedure of Determination of Contract Then and in any of the said cases, the IRWO on behalf of the IRWO may serve the Developer with a notice in writing to that effect and if the Developer does not within seven days after the delivery to him of such notice proceed to make good his default in so far, as the same is capable of being made good and carry on the work or comply with such directions as aforesaid to the entire satisfaction of the IRWO, the IRWO shall be entitled after giving 48 hours notice in writing under the hand of the IRWO, (to rescind the contract as a whole or in part or parts as may be specified in such notice) and adopt either or both of the following courses: a) To carry out the whole or part of the work from which the Developer has been removed by the employment of the required labour and materials, the cost of which shall include lead, lift, freight supervision and all incidental charges. To measure up the whole or part of the work from which the Developer has been removed and to get it completed by another Developer. The manner and method, in which such work is completed, shall be at the entire discretion of the IRWO whose decision shall be final.
b)
Page 77 of 81

And in both the cases (a) & (b) mentioned above, IRWO shall be entitled to forfeit the whole of the Security Deposit/encash the Bank Guarantee in case the Security Deposit has been submitted in the form of a Bank Guarantee as it may consider fit and also encash the Bank Guarantee for Performance Guarantee. Provided always that in any case in which any of the powers conferred upon the IRWO by sub clause 5.1 shall have become exercisable and the same shall not be exercised, the non exercise, thereof shall not constitute a waiver of any of the condition thereof and such powers shall notwithstanding be exercisable in the extent of any future case of default by the Developer for which his liability for past and future shall remain unaffected. 5.5 Right of IRWO after Rescission of Contract Owing To Default of the Developer In case of any or several of the courses, referred to in sub-clause 5.4 are being adopted. a) The Developer shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered into any commitments or made any advances on account of or with a view to the execution of the work or the performance of the contract and the Developer shall not be entitled to recover or be paid any sum for any work there to or actually performed under the contract unless and until the IRWO shall have certified the performance of such work and the value payable in respect thereof and the Developer shall only be entitled to be paid the value so certified. The IRWO or the IRWOs representative shall be entitled to take possession of any materials, tools, implements, machinery and buildings on the works or on the property on which these are being or ought to have been executed, and to retain and employ any part thereof until the completion of the work without the Developer being entitled to any compensation for the use and employment thereof or for wear and tear or destruction thereof. The IRWO shall, as soon as may be practicable after removal of the Developer fix and determine ex-parte or by or after reference to the parties such investigation or inquiries as he may consider fit to make or institute and shall certify what amount (if any) had at the time of rescission of the contract been reasonably earned by or would reasonably accrue to the Developer in respect of the work then actually done by him under the contract and what was the value of any unused or partially used materials, any constructional plant and any temporary works upon at site. The IRWO shall not be liable to pay the Developer any money on account of the contract until the expiration of the period of maintenance and thereafter until the cost of completion and maintenance, damages for delay in completion (if any) and all other expenses incurred by the IRWO have been ascertained and the amount thereof certified by the IRWO. Due to non completion of work or breach of any of the terms of the contract, IRWO shall be entitled to forfeit the whole of the Security Deposit/encash the Bank Guarantee in case the Security Deposit has been submitted in the form of a Bank Guarantee as it may consider fit and also encash the Bank Guarantee for Performance Guarantee.
b)
c)
d)
Page 78 of 81

6. 6.1 6.1.1 SETTLEMENT OF DISPUTES Conciliation and Arbitration: Conciliation
6.1.1.1It is a term of this contract that Arbitration of disputes shall not be commenced unless an attempt has first been made by the parties to settle such disputes through mutual settlement / conciliation within a period of thirty (30) days. 6.1.1.2. If the Developer is not satisfied with the settlement by the IRWO on any matter in question, disputes or differences, the Developer may refer to the Managing Director of IRWO in writing to settle such disputes or differences through conciliation provided that demand for conciliation shall specify the matters, which are in question or subject of the disputes or differences as also the amount of claim, item wise. Only such disputes or differences in respect of which the demand has been made, together with counter claim of IRWO shall be referred to Conciliator as the case may be and other matters shall not be included in the reference. 6.1.1.3. Managing Director of IRWO may himself act as a Sole Conciliator or may decides to appoint another person as Conciliator as the case may be. 6.1.1.4. If one or more Conciliator(s) appointed as above refuses to act or arbitrarily withdraw from his office as Conciliator or vacates his/their office or offices or is/are unable or unwilling to perform his functions as Conciliator(s) for any reasons, whatsoever or dies or in the opinion of Managing Director, IRWO fails to act without undue delay, the Managing Director IRWO shall appoint new Conciliator(s) in his/their place. Such reconstituted tribunal may, at its discretion, proceed with the reference from the stage at which it was left by the previous Conciliator(s). 6.1.1.5 The demand for conciliation is subject to Arbitration and Conciliation Act, 1996 and the rules there under and any statutory modification thereof shall apply to the Conciliation proceedings under this clauses. 6.1.2 Arbitration
6.1.2.1. In the event of any dispute or difference between the parties hereto as 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 to which the parties may claim to be entitled to, then the disputed matters may be referred to arbitration, as per procedure laid down below: The demand for arbitration shall specify the matters which are in question, dispute(s) or difference(s) in respect of which the demand has been made, shall be referred to arbitration and other matters shall not be included in the reference. It is a term of the Contract that no person other than a person nominated by IRWO shall act as Arbitrator and if for any reason that is not possible, the matter is not to referred to arbitration at all. In case where the Developer has signed the final bill with No Claim Certificate, the matter will not
Page 79 of 81

be referred to arbitration and in such cases, it will be a term of the Developer that there is no arbitration clause at all. 6.1.2.2 In cases where the total value of all claims in question added together does not exceed Rs. 10 lacs (Rupees Ten Lacs only) the Arbitral Tribunal consist of Sole/Arbitrator who shall be either the Managing Director or any officer of IRWO nominated by the Managing Director on his behalf. The sole arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by IRWO. 6.1.2.3 In case not covered by the above clause, the Arbitral Tribunal shall consist of a panel of three serving or retired officers of Railway as the Arbitrators. For this purpose, IRWO will send a panel of more than three names of officers to the Developer who will be asked to select / opt and suggest to Managing Director of IRWO at least two names out of the panel for appointment as Developers nominee. Managing Director shall appoint at least one out of them as Developers nominee and will, also simultaneously appoint the balance number of Arbitrators either from the panel or from outside the panel and the two appointed Arbitrator shall appoint the third Arbitrator who shall act as the presiding Arbitrator. 6.1.2.4 If one or more Arbitrator(s) appointed as above refuse(s) to act as arbitrator(s), withdraw from his office as Arbitrator or vacates his/their office or is/are unable or unwilling to per Tender Form his/their function as Arbitrator(s) for any reasons, whatsoever or die(s), or in the opinion of Managing Director fail(s) to act without undue delay, the Managing Director shall appoint new Arbitrator / Arbitrator(s) to act in his/their place in same manner in which the earlier Arbitrator(s) has been appointed. Such re-constituted Tribunal may, at its discretion, proceed with the reference from the stage at which it was left by the previous Arbitrator(s). 6.1.2.5 The demand for Arbitration is subject to Arbitration and Conciliation Act, 1996 and the rules there under and any statutory modification thereof shall apply to the Arbitration proceedings under this clauses. 6.2. The language of proceedings, documents or communication shall be in English and the Awards shall be made in English in writing. Conciliator/Arbitrator shall give the award which shall state item wise the sum awarded and the reasons upon which it is based. The analysis and the reasons shall be detailed enough so that award could be inferred there from. The Conciliator/Arbitral Tribunal shall record day to day proceedings. Those proceedings shall normally be conducted on the basis of documents and written statement. The conciliation/arbitration proceedings shall be held at a place decided by Conciliator/Arbitrator. The fees and other charges of the Conciliator/Arbitrator shall be as per the scale fixed by the IRWO from time to time and shall be shared between the IRWO and the Developer. The minimum qualification of Conciliator/Arbitrator shall be graduate in engineering. He may be working OR retired officer with a minimum of 20 years in Group A in engineering Services of railways or equivalent in railway PSUs. He should be clear from the vigilance angle and should be a
6.3.
6.4. 6.5.
6.6.
Page 80 of 81

person with reputation of high technical ability and integrity. Also he would not have associated with the contract to which the disputes pertain. 6.7. It is a term of this contract that the Developer shall not approach any Court of law for settlement of such disputes or differences unless an attempt has first been made by the parties to settle such disputes or differences in accordance with the provisions of clause. Obligations of IRWO and Developer shall not be altered by reasons of Conciliation/Arbitration being conducted during the progress of works. Neither party shall be entitled to suspend the work on account of conciliation/arbitration and payments to the Developer shall continue to be made in terms of contract. The award of Conciliator /Sole Arbitrator/Arbitral Tribunal unless challenged in the Court of Law shall be binding on all parties.
6.8.
6.9.
6.10.
Award Conciliator(s) / Arbitrator(s) shall give the award which shall state item wise the sum awarded and reasons upon which it is based.
6.11.
Governing Law and Jurisdiction This Tender document is governed by the laws of Republic of India and shall be subject to the jurisdiction of the courts in Delhi.
-------*******--------
Page 81 of 81

TurnkeyProject BidDocument NoidaExtension

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

TurnkeyProject BidDocument NoidaExtension

Uploaded by

Copyright:

Available Formats

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

28th September 2012 : 15.30 Hrs

Approximate Cost of the Work Earnest Money Deposit Amount

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

2. SEALED PACKET-1 : TECHNICAL BID -

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

Section A Section B Section C Section D Section E Section F

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

In the presence of Name Address

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

To be read along with Clause 14 of Section D

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

II - 2 BHK III 3 BHK IV 4 BHK IVA - 4 BHK

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

Guarantee for handing over the possession of the dwelling units

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization

Construction of multistoried flats on turnkey basis at Noida Extension

Indian Railway Welfare Organization