Tender Document For Incident Management (KM 398 750 To KM 515 236) - Retender
Tender Document For Incident Management (KM 398 750 To KM 515 236) - Retender
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NATIONAL HIGHWAYS AUTHORITY OF INDIA
(MINISTRY OF SHIPPING, ROAD TRANSPORT AND HIGHWAYS)
PROJECT IMPLEMENTATION UNIT
SECTOR – 2(A), BIDHANNAGAR,
DURGAPUR – 713212, WEST BENGAL.
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TABLE OF CONTENTS
GENERAL CONDITIONS OF
SECTION – III 23 – 28
CONTRACT
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INVITATION FOR TENDERS
Project Director
National Highways Authority of India
Project Implementation Unit, Durgapur
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NATIONAL HIGHWAYS AUTHORITY OF INDIA
(MINISTRY OF ROAD TRANSPORT AND HIGHWAYS)
PROJECT IMPLEMENTATION UNIT, DURGAPUR
Sealed tenders are invited from experienced contractors for the following works :
The complete Bid Documents may be obtained from the address for communication given
below from 28.01.2014 to 03.02.2014 on any working day between 10:00 hrs. and 17:00
hrs. on payment of non-refundable document fee in the form of Demand Draft favouring
“National Highways Authority of India” payable at Durgapur. These documents can also be
downloaded from NHAI Website http://www.nhai.org. Applicants submitting the downloaded
version would need to pay the cost of documents along with the application in the above
manner. The amendments / clarifications to the Bid documents will also be available on the
above website.
The National Highways Authority of India reserves the right to accept or reject any or all bids
without thereby incurring any liability to the affected bidders.
The last date of submission of the Bid Documents is 04.02.2014 upto 12:00 hrs. (IST). The
bids will be opened on 04.02.2014 at 15:00 hrs. in the presence of the representatives
of the bidders, who choose to attend.
For any further clarification, the office of the undersigned may be contacted.
Project Director
National Highways Authority of India,
Project Implementation Unit, Durgapur
NHAI Complex, Sector – 2A, Bidhannagar, Durgapur - 713212
Tel no. (0343) – 2535766, 2534815
Fax no. (0343) - 2534676
e-mail_id : [email protected], [email protected]
Website: http://www.nhai.org
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INSTRUCTION TO THE BIDDERS
(SECTION – I)
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Section I
INSTRUCTION TO BIDDER
1.1 DEFINITIONS
d) “The Bidder” means a firm or JV or Consortium which participates in the tender and
submits its proposal.
e) “Successful Bidder” means the Bidder, who, after the complete evaluation process, gets
the Letter of Award. The Successful Bidder shall be deemed as “Contractor” appearing
anywhere in the document.
f) “The Letter of Award” means the issue of a signed letter by the Employer of its intention
to award the work mentioning the total Contract Value. The timeline for delivery of
products and services will start from the date of issue of Letter of Award.
g) “The Contract” means the agreement entered into between the Employer and the
Contractor, as recorded in the Contract Form signed by the parties, including all
attachments and appendices thereto and all documents incorporated by reference therein.
h) “The Contactor” means the individual or firm supplying the Goods and Services under
this contract.
i) “The Contract Price” means the price payable to the Successful Bidder under the Letter
of Award for the full and proper performance of its contractual obligations. The Contract
Price shall be deemed as “Contract Value” appearing anywhere in the document.
1.2.1 The process and procedures of bidding, the materials to be supplied and the various
terms and conditions of this tender are provided in the Bid Document. The Bid
Documents include:
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1.2.2 The Bidder is expected to examine carefully the contents of the bidding documents
and should carefully read all the instructions, terms and conditions, specifications
and various forms that are provided in the Bid Document. The tender may be rejected
if any or all of the information asked for in this document are not furnished along with
the tender or if the tender is not responsive with the Bid Document.
At any time, prior to the deadline of submission of Bids, the Employer may, for any
reason, whether at its own initiative or in response to a clarification requested by a
prospective Bidder, modify the bid documents by issuing addendums.
The Bidder has to bear all the costs associated with the preparation and submission of
the bid. Employer will, in no case, be responsible or liable for any of the costs,
regardless of the conduct or outcome of the bidding process.
1.5.1 The proposal should be submitted along with an Cost of Tender Documents of
Rs.1,000/- (only in case the bid document is downloaded from the website) in the
form of a demand draft / pay order issued by any Nationalized or Scheduled Bank in
favour of “National Highways Authority of India, PIU Durgapur payable at Durgapur.
Further, the proposal should also be accompanied with a BID SECURITY of
Rs.30,070/- in favour of Employer as named in Appendix and may be in one of the
following forms:
a. Receipt in challan of cash deposit in the Govt. Treasury in India.
b. Deposit-at-call Receipt from any scheduled Indian Bank or a foreign Bank located in
India and approved by the Reserve bank of India.
c. Indian Post Office / National Savings Certificate duly endorsed by the competent
postal authority in India.
d. Bank Guarantee from any scheduled Indian Bank, in the format given in Volume III.
e. Fixed Deposit Receipt, a certified cheque or an irrevocable letter of credit, issued by
any Scheduled Indian Bank or a foreign Bank approved by the Reserve bank of India.
1.5.2 Any Bid not accompanied by an acceptable BID SECURITY and/or the Cost of Tender
Documents shall be rejected by Employer as non responsive.
1.5.3 Bank Guarantees (and other instruments having fixed validity) issued as surety for the
bid shall be valid for 45 days beyond the validity of the bid.
1.5.4 The Bid Security of unsuccessful bidders will be returned within 28 days of the end of
the bid validity period
1.5.5 The BID SECURITY of the successful bidder will be discharged when the bidder has
signed the Agreement and furnished the required Performance Security.
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a) Furnish the required performance security, or
b) Sign the agreement.
1.6.1 The Bidder shall fill in rates and prices of all items of the works described in the bill of
quantities.
1.6.2 All duties, Taxes and other levies payable by the Contractor under the contract, or for
any other cause shall be included in the rates and prices and the total bid price
submitted by the Bidder.
1.7 DISCOUNTS
The Bidders are informed that discount, if any, should be included in the total bid
price.
The bids shall remain valid for a period of 120 days from the last date of submission.
Each Bidder is permitted to submit ONLY ONE BID irrespective of whether he is the
sole bidder, or the Leader or Member of a duly formed JV or Consortium. In case it is
found that any party has submitted more than one bid for the subject work(s) in
any of the above capacities, all bids so submitted shall be summarily rejected
and the EMPLOYER shall not entertain any request/correspondence in this
matter.
1.10.1 All the proposals will have to be submitted with all pages sequentially numbered
either at the top or at the bottom right corner of each page. It should also have an
index giving page wise information of above documents. Incomplete proposal will
summarily be rejected.
1.10.2 The Bidder shall furnish the attested copies of original documents defining the
constitution or legal status, place of registration, and principal place of business of the
firm and written power of attorney/ authorization to the signatory of the Bid to commit
the Bidder;
1.10.3 DELETED.
(a) Envelope-1: Containing Cost of Tender Documents Rs.1000/- in the form of DD only
as described above. The envelope should be superscribed as “Envelope 1 – BID
SECURITY & Cost of Tender Documents” at the top left corner.
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(c) Envelope-3: Commercial Proposal containing only the Section-VI – Price Schedule
super-scribed as “Envelope 3 – Financial Proposal”.
1.10.5 All the sealed envelopes should again be placed in a sealed cover super-scribed as
INCIDENT MANAGEMENT (ROUTE PATROL, CRANE, AMBULANCE ETC.) ON BARWA
ADDA – PANAGARH SECTION OF NH-2 (KM.398.750 TO KM.515.236) IN THE STATE
OF JHARKHAND / WEST BENGAL.
1.10.6 The Bids and all correspondence and documents relating to the bids, shall be written
in the English language as described in clause no. 1.10.1.
Any bid received by the Employer after the time and date for receipt of bids prescribed
by the Employer in the tender may not be accepted.
1.12.1 The Bidder is allowed to modify or withdraw its submitted bid any time prior to the
last date prescribed for receipt of bids, by giving a written notice to the Employer.
1.12.2 Subsequent to the last date for receipt of bids, no modification/withdrawal of bids
shall be allowed.
1.12.3 The Bidders cannot withdraw the bid in the interval between the last date for receipt
of bids and the expiry of the bid validity period specified in the Bid. Such withdrawal
may result in the forfeiture of its BID SECURITY from the Bidder.
1.13.1 Each Bidder is expected to fully get acquainted with the local conditions and factors,
which would have any effect on the performance of the contract and / or the cost.
1.13.2 The Bidder is expected to visit and examine the proposed Toll Plaza location and its
surroundings and obtain all information that may be necessary for preparing the bid
at their own interest and cost.
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1.14 DELETED.
The tentative dates for the schedule of key events of this tender are given as under:
Events Date
1. Last date and time of proposal submission: 12:00 Hrs on 04.02.2014
2. Date and time of opening of the Technical Proposals at Office of the Project Director, NHAI
Complex, Sector – 2A, Bidhannagar, Durgapur – 713 212 : 03.00 P.M on 04.02.2014.
3. Date of opening of the Financial Proposal at Office of the Office of the Project Director,
NHAI Complex, Sector – 2A, Bidhannagar, Durgapur – 713 212 : The financial bids of the
technically qualified bidders will be opened on the same date.
The Evaluation Committee or its authorized representative will open the tenders. Sequence of
opening shall be as follows:
1.18 EVALUATION
1.18.1 The Employer reserves the right to modify the Evaluation Process at any time during
the Tender Process, without assigning any reason, whatsoever, and without any
requirement of intimating the Bidders of any such change.
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1.18.2 Any time during the process of evaluation, the Employer may seek for clarifications
from any or all Bidders.
1.18.3 Phase-1: Cost of Tender Documents & BID SECURITY: First, the envelope
containing Cost of Tender Documents and Earnest Money Deposit will be opened and
if both are found furnished by the Bidders in the prescribed manner, then the second
envelope containing Technical Proposal documents shall be opened. At any stage
during the evaluation, if the BID SECURITY is found invalid, the respective Bidder‟s
bid will be summarily rejected.
Phase-2: Technical Proposal Evaluation: The Bidder shall have to fulfill all the
Technical Criteria as specified in bid document. These documents will be scrutinized
along with the Technical Proposal in this phase of evaluation. Those bidders who do
not fulfill the Technical Criteria will not be eligible for further Commercial Proposals
Evaluation. Technical Proposals of the Bidders would be evaluated for the clause-by-
clause compliance of the technical criteria as mentioned in the Bid document.
Evaluation of Technical Proposal by NHAI shall not be questioned by any of the
Bidders. The Employer reserves the right to ask for a technical elaboration /
clarification in the form of a technical presentation from the Bidder on the already
submitted Technical Proposal at any point of time before opening of the Commercial
Proposal.
1.18.4 Phase-3: Commercial Proposal Evaluation: The Price Bids of only the qualifying
firms who are short-listed in Phase-2 will be evaluated. The proposals shall be opened
in presence of their representatives who choose to attend. The date of opening shall be
intimated to the qualified bidders at the appropriate time. The Commercial Proposal
Evaluation will be based on the “Total Cost”, which would be the total payouts
including all taxes, duties and levies etc. applicable for the said works.
1.19.1 The Employer reserves the right to ask for a technical elaboration/clarification in the
form of a technical presentation from the Bidder on the already submitted Technical
Proposal at any point of time before opening of the Commercial Proposal. The Bidder
has to present the required information to Employer and its appointed representative
on the date asked for, at no cost to the Employer.
1.19.2 Arithmetical errors will be rectified on the following basis: If there is a discrepancy
between the unit price and the total price that is obtained by multiplying the unit
price and quantity, the unit price shall prevail and the total price shall be corrected. If
the Bidder does not accept the correction of the errors, his bid will be rejected. If there
is a discrepancy between words and figures, the amount mentioned in words will
prevail.
1.19.3 The Employer will notify the Successful Bidder on its intention to award the work
through “Letter of Award” mentioning the total Contract Value. The timeline for
delivery of products and services will start from the date of issue of Letter of Award.
1.19.4 Successful bidder have to submit a unconditional performance bank guarantee from a
nationalize bank of an amount of 10% of total bid cost valid for six month from date of
letter of acceptance (LOA) before the signing of the agreement .
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1.19.5 The Employer will subsequently send the Successful Bidder the Form of Contract
Agreement provided in the Bidding Documents, incorporating all agreements between
the parties.
1.19.6 As soon as practically possible, following receipt of the Form of Contract Agreement,
the successful Bidder shall sign and date the Form of Contract Agreement and return
it to the Employer. This is deemed as the “Contract” or “Contract Agreement” defined
elsewhere in this tender document.
1.20.1 The Bidder shall have enough experience in Incident Management works. Proof for the
experience shall be enclosed with the tender technical bid.
1.20.2 The cost of preparing a proposal, cost involved for the technical presentation and of
visits to the offices of NHAI (if any) is not reimbursable.
1.20.3 The remuneration, which the Successful Bidder shall receive from the contract, will be
subject to normal tax liability in India.
1.20.4 All cutting, overwriting in the proposal should be authenticated by the initials of the
authorized signatory. In case of any calculation error the unit rates would prevail. The
amount will also have to be written in words.
1.21 CONFIDENTIALITY
1.21.1 The Bidder shall keep confidential any information related to this tender with the
same degree of care as it would treat its own confidential information. The Bidders
shall note that the confidential information will be used only for the purposes of this
tender and shall not be disclosed to any third party for any reason whatsoever.
1.21.2 As used herein, the term “Confidential Information” means any written information,
including without intimation, information created by or for the other party, which
relates to internal controls, computer or data processing programs, algorithms,
electronic data processing applications, routines, subroutines, techniques or systems,
or information concerning the business or financial affairs and methods of operation
or proposed methods of operation, accounts, transactions, proposed transactions or
security procedures of either party or any of its affiliates, or any client of either party,
except such information which is in the public domain at the time of its disclosure or
thereafter enters the public domain other than as a result of a breach of duty on the
part of the party receiving such information. It is the express intent of the parties that
all the business process and methods used by the Bidder in rendering the services
hereunder are the Confidential Information of the Bidder.
1.21.3 At all times during the performance of the Services, the Bidder shall abide by all
applicable NHAI‟s security rules, policies, standards, guidelines and procedures. The
Bidder should note that before any of its employees or assignees is given access to the
Confidential Information, each such employee and assignees shall agree to be bound
by the term of this tender and such rules, policies, standards, guidelines and
procedures by its employees or agents.
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1.21.4 The Bidder should not disclose to any other party and keep confidential the terms and
conditions of this tender, any amendment hereof, and any Attachment or Annexure
hereof.
1.22 Employer’s Right to Accept any Bid to reject any or all Bids
Notwithstanding in other Clauses, the Employer reserves the right to accept or reject
any Bid, and to cancel the Bidding process and reject All Bids, at any time prior to the
award of Contract, without thereby incurring any liability to the affected Bidder or
Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for
the Employer‟s action.
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Form: PQ-1
BIDDER’S ANNUAL TURNOVER
Proof for clause 1.15 (i)
__________ (Location)
__________ (Date)
From (Name & Address of the Statutory Auditor) To
Dear Sir,
We hereby certify that the average annual turnover of M/s. _________________ (name of the
bidder) is not less than Rs. 8.50 Lacs during the last three financial years.
Yours Sincerely,
Important Notes:
• The above data should relate only to the Bidder /JV who has submitted the tender. Data
relating to sister companies, group companies, parent company, subsidiary companies shall
not be considered.
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Form: PQ-2
WORK EXPERIENCE
Declaration for clause 1.15 (ii)
1. We hereby declare and confirm that we, ____________ (Name of the Bidder), having
registered office at _______________ (address) have successfully executed following projects.
We are providing the details below: (Note: add rows as required).
Yours Sincerely,
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AFFIDAVIT
(On non judicial stamp paper duly notarized)
1. I, the undersigned, do hereby certify that all the statements made in the enclosed
attachments are true and correct.
2. The undersigned also hereby certifies that neither our firm M/s______________________
have abandoned any work on National Highways in India nor any contract awarded to
us for such works have been rescinded, during last five years prior to the date of this
bid.
3. The undersigned hereby authorise(s) and request(s) any bank, person, firm or
corporation to furnish pertinent information deemed necessary and requested by NHAI
to verify this statement or regarding my (our) competence and general reputation.
4. The undersigned understands and agrees that further qualifying information may be
requested, and agrees to furnish any such information at the request of the NHAI and
within the prescribed time.
_____________________________________
(Signed by an Authorized Representative of the Firm)
_____________________
Name of the Representative
______________________________
Name of Firm
______________________
DATE
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UNDERTAKING
_____________________________________
(Signed by an Authorized Representative of the Firm)
_____________________
Name of the Representative
______________________________
Name of Firm
______________________
DATE
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LETTER OF APPLICATION
To,
The Project Director,
National Highways Authority of India,
Project Implementation Unit, Durgapur
NHAI Complex, Sector – 2A,
Bidhannagar, Durgapur, PIN-713212
Tele-Fax No 0343-2535766
Dear Sir,
Having examined the Bid Document, Instruction to Bidders, Qualification Information,
Scope of works etc. for the subject work. We, hereby submit our bid for the subject work. It is
certified that the information furnished in this document is true and correct. The proposal is
unconditional. We undersigned accept that NHAI reserves the right to reject any or all
application without assigning any reason.
Thanking you;
Yours faithfully,
(Authorized Signatory)
for and on behalf of M/s_____________
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SECTION-II
FORM OF AGREEMENT
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SECTION -II
FORM OF AGREEMENT
AND WHEREAS the Employer invited bids from eligible bidders of the execution of certain
works, viz. “Incident Management (Route Patrol, Crane, Ambulance etc.) on Barwa Adda –
Panagarh section of NH-2 (Km.398.750 to Km.515.236) in the state of Jharkhand / West
Bengal”
AND WHEREAS pursuant to the bid submitted by the Contractor, vide ____________
(hereinafter referred to as the “BID” or “ÖFFER”) for the execution of works, the Employer by
his letter of acceptance dated ___________ accepted the offer submitted by the Contractor for
the execution and completion of such works, on terms and conditions in accordance with the
documents listed in para 2 below.
AND WHEREAS the Contractor by a deed of undertaking dated ________ has agreed to abide
by all the terms of the bid, including but not limited to the amount quoted for the execution
of Contract, as stated in the bid, and also to comply with such terms and conditions as may
be required from time to time and whereas the contractor has agreed to undertake such
works.
1. In this agreement words and expressions shall have the same meaning as are
respectively assigned to them in the conditions of contract hereinafter referred to;
2. The following documents shall be deemed to form and be read and constructed as part
of this agreement viz.
a) The Contract Agreement,
b) Letter of Acceptance,
c) Contractor's Bid,
d) Conditions of Contract
e) Specifications, Scope of Work, and
f) Bill of Quantities
h) Any other document listed in the contract data.
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5. the employer hereby covenants to pay the contractor in consideration of the execution
and completion of the works, the contract price or such other sum as may become
payable under the provisions of the contract at the times and in the manner
prescribed by the contract.
IN WITNESS WHEREOF the parties here to have caused this agreement to be executed the
day and year first before written. Signed, sealed and delivered by the said Employer through
his Authorized Representative and the said Contractor through his Power of Attorney holder.
1. Name : 1. Name:
Address: Address:
2. Name : 2. Name:
Address: Address:
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SECTION-III
GENERAL CONDITIONS OF
CONTRACT
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SECTION – III
3.1 Employer’s and Contractor’s Risks : The Employer carries the risks which
this Contract states are Employer‟s risks, and the Contractor carries the risks
which this Contract states are Contractor‟s risks.
3.2 Employer’s Risks : The Employer is responsible for the accepted risks which
are (a) in so far as they directly affect the execution of the Works in the
Employer‟s country, the risks of war, hostilities, invasion, act of foreign
enemies. Rebellion, revolution, insurrection or military or usurped power, civil
war, riot commotion or disorder (unless restricted to the Contractor‟s
employees), and contamination from any nuclear fuel or nuclear waste or
radioactive toxic explosive, or (b) a cause due solely to the design of the Works,
other than the Contractor‟s design.
3.3 Contractor’s Risks : All risks of loss of or damage to physical property and of
personal injury and death which arise during and in consequence of the
performance of the Contract other than the accepted risks are the
responsibility of the Contractor.
3.4 Insurance :
3.4.1 The Contractor shall provide, in the joint names of the Employer and the
Contractor, insurance cover from the Start Date to the end of the Contract, in
the amounts and deductibles stated in the Contract Data for the following
events which are due to the Contractor‟s risks:
3.4.2 Policies and certificates for insurance shall be delivered by the Contractor to
the Engineer for the Engineer‟s approval before the Start Date. All such
insurance shall provide for compensation to be payable in the types and
proportions of currencies required to rectify the loss or damage incurred.
3.4.3 If the Contractor does not provide any of the policies and certificates required,
the Employer may affect the insurance which the contractor should have
provided and recover the premiums the Employer has paid from payments
otherwise due to the Contractor or, if no payment is due, the payment of the
premiums shall be a debt due.
3.4.4 Alterations to the terms of an insurance shall not be made without the
approval of the Engineer.
3.4.5 Both parties shall comply with any conditions of the insurance policies.
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3.5 PERFORMANCE GUARANTEE AND RETENTION MONEY
3.5.1 5% percent amount of the monthly RA bills shall be retained as retention money
subject to the maximum ceiling of 5% of the total contract amount, which may be
forfeited against poor performance.
3.5.2 Retention money as mentioned in clause no. 3.5.1 shall become due to the contractor
after 6 months of successful completion of the work.
3.5.4 Unconditional performance bank guarantee will be returned to agency after successful
completion of work and final acceptance sign-of.
3.6 PRICES
The rates and prices quoted by the bidder shall be fixed for the duration of the
contract and shall not be subjected to adjustment
3.7 DELETED
The Engineer shall extend the Intended Completion Date if a Compensation Event
occurs or a variation is issued which makes it impossible for Completion to be
achieved by the Intended Completion Date without the contractor taking steps to
accelerate the remaining work and which would cause the contractor to incur
additional cost.
The Engineer shall check the Contractor‟s work and notify the Contractor of any
defects that are found. Such checking shall not affect the Contractor‟s responsibilities.
The Engineer may instruct the Contractor to search for a Defects and to uncover and
test any work that the Engineer considers may have a Defect
3.10 DELETED.
3.11.1 The Contractor shall request the Engineer to issue a Certificate of Completion of the
Works and the Engineer will do so upon deciding that the Work is completed.
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3.12 FORCE MAJEURE
3.12.1 Neither party shall be responsible to the other for any delay or failure in performance
of its obligations due to any occurrence commonly known as Force Majeure which is
beyond the control of any of the parties, including, but without limited to, fire, flood,
explosion, acts of God or any governmental body, public disorder, riots, embargoes, or
strikes, acts of military authority, epidemics, strikes, lockouts or other labour
disputes, insurrections, civil commotion, war, enemy actions.
3.12.2 If a Force Majeure arises, the Bidder shall promptly notify NHAI in writing of such
condition and the cause thereof. Unless otherwise directed by NHAI, the Bidder shall
continue to perform his obligations under the contract as far as is reasonably
practical, and shall seek all reasonable alternative means for performance not
prevented by the Force Majeure event. The Bidder shall be excused from performance
of his obligations in whole or part as long as such causes, circumstances or events
shall continue to prevent or delay such performance.
3.13 TERMINATION
3.13.1 Termination on expiry of the CONTRACT: The Agreement shall be deemed to have
been automatically terminated on the expiry of the Contract period unless the NHAI
has exercised its option to extend the Contract in accordance with the provisions, if
any, of the Contract.
3.13.2 Termination on account of Force Majeure: Either party shall have the right to
terminate the Contract on account of Force Majeure, as set forth in clause 3.12.
3.13.3 Termination on account of insolvency: In the event the Successful Bidder at any time
during the term of the Contract becomes insolvent or makes a voluntary assignment
of its assets for the benefit of creditors or is adjudged bankrupt, then NHAI shall, by a
notice in Writing have the right to terminate the Contract and all the Successful
Bidder‟s rights and privileges hereunder, shall stand terminated forthwith.
3.13.4 Termination breach of contract: A breach by the Successful Bidder of its obligations
hereunder and such breach not being rectified by the Successful Bidder within 7 days
of receipt of the Employer‟s notice intimating such breach. Upon termination, the
Successful Bidder shall surrender all the materials belonging to the Employer.
3.13.5 Termination for delay: Successful Bidder shall be required to perform all
activities/services as per provisions of the contract. If the Successful Bidder fails to
do so, the Contract may be terminated by NHAI by giving 7 days written notice unless
NHAI has extended the period.
3.13.6 NHAI may at any time terminate the Contract by giving 7 days notice without
assigning any reason.
3.13.7 Consequences of termination: In all cases of termination herein set forth, the
obligation of the NHAI to pay shall be limited to the period upto the date of effective
termination. Notwithstanding the termination of the Agreement, the parties shall
continue to be bound by the provisions of the Agreement that reasonably require
some action or forbearance after such termination.
3.13.8 In case of termination of Contract herein set forth except under 4.10.1 and 4.10.2,
the Contractor shall be put on holiday [i.e. neither any enquiry will be issued to the
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party by NHAI against any type of tender nor their offer will be considered by NHAI
against any ongoing tender(s) where contract between NHAI and that particular
Contractor (as a bidder) has not been finalized] for two years from the date of
termination by NHAI to such Contractor.
3.14 ARBITRATION
In the event of any dispute or difference arising out or touching upon any of the terms
and conditions of this contract and / or in relation to the implementation or
interpretation hereof, the same shall be resolved initially by mutual discussion and
conciliation but in the event of failure thereof, the same shall be referred to a sole
arbitration of the Chairman of National Highways Authority of India (NHAI) or his
nominee and the decision of the Arbitrator shall be final and binding upon the parties.
The arbitration shall be in Delhi and the Arbitrator shall give his award in accordance
with “The Arbitration and Conciliation Act, 1996”. Both the parties know that sole
Arbitrator might have dealt with the contract agreement in question and is an
employee or officer of National Highways Authority of India (NHAI) but the same shall
also not disqualify him in any manner from acting as a Sole Arbitrator. In this clause
the expression Chairman, “National Highways Authority of India” shall also include
any person who is for the time being is the administrative head of National Highways
Authority of India or any person who for the time being is officiating as Chairman,
National Highways Authority of India.
The Agreement shall be governed by the laws in force in India. Any dispute arising in
relation to the Agreement shall be subject to the jurisdiction of the courts at
Durgapur.
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CONTRACT DATA TO GENERAL CONDITIONS OF CONTRACT
3. The Start Date shall be the date as notified by the Employer in the Notice to proceed with
the work or actual commencement of work whichever is earlier.
4. The Intended Completion Date for the Whole of the works is 3 months.
5. The site is located at National Highway No. 2 – Barwa Adda to Panagarh in the state of
Jharkhand / West Bengal.
6. (a) The name and identification number of the Contract is : “Incident Management (Route
Patrol, Crane, Ambulance etc.) on Barwa Adda – Panagarh section of NH-2 (Km.398.750
to Km.515.236) in the state of Jharkhand / West Bengal”
(b)The works consist of Incident Management (Route Patrol, Crane, Ambulance etc.) on
NH-2 from Barwa Adda – Panagarh in the state Jharkhand / West Bengal.
7. The law which applies to the Contract is the law of Union of India
10. The site Possession Dates shall be the day of issue of notice to proceed work
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SCOPE OF WORK
(SECTION – IV)
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Section – V : Scope of Work
1. Incident Management
The Contractor has to identify relevant agencies (e.g rescue, fire, hazardous
materials, traffic, police, ambulance, hospitals, alternative routes, cleanups) and
their representatives and to liaise with these representatives on behalf of the
employer.
Contractor will keep record of the removal accidental / damaged vehicles by taking a
dated photograph of the same and will submit the report on monthly basis to the
Employer / Engineer.
Contractor will remove dead animals/birds from the carriageway and bury them at a
suitable location as directed by the engineer / employer within two hours of the
incident. If contractor fails to remove the dead animals / birds from the carriageway
within two hours of the incident, he will be levied a penalty of Rs.1,500/- per
incident.
The successful bidder shall display telephone number of control room, ambulance,
patrol party on the body of each vehicle in such a fashion that these are visible and
readable from a distance of 10m.
In case of any damage / loss of life on account of accident with the vehicles deployed
by the bidder, it will be the entire responsibility of the successful bidder.
Any works not attended by the contractor in a desired period of time shall be got
done by engaging a third party at the risk and cost of the contractor.
The agency should issue identity card to the staff containing photograph, name,
designation and validity period.
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All the work shall be carried out as per NHAI Circular no. NHAI/CM/INC.MAN/2011
dated 24th May 2011.
The Contractor shall be required to provide 24-hour per day route patrols to assist
the road users of the highway, to provide information, feed back and perform
functions in relations to incident management. To achieve this, the patrol vehicles
should be fully equipped as well as the patrol persons should be adequately trained
in traffic management, road safety and primary First Aid. The purpose of these is to:
Provide the users of the highway with basic mechanical help for vehicles that
break down on the National Highway Section, and protect other road users from
such vehicles.
Immediately identify traffic hazards of whatever nature, such as un-authorised
parking, public transport vehicles, obstructing traffic during passenger loading
and unloading, debris, stray animals and the like. The Contractor shall take the
necessary measures to remove such obstructions.
Provide emergency management at accident scenes until such time as the
appropriate authorities arrive,
Assists with the removal of damaged or mechanically impaired vehicles from the
highway,
Provide road user information and to further the image of the National Highway
Section in a professional and friendly manner.
Maintain daily records of assistance provided to road users.
Observe, record and report suspect aspects of the highway, hazards and
incidental damage caused by vehicles, floods, storms, or other random events,
such that the highway maintenance records and data base are continuously
improved.
Removal of dead animals and bury them at safe place
Patrol vehicles
Vehicles should be having sufficient rear space for the required equipment storage,
fitted with rotating light and hooter, and painted with a unique colour pattern for
quick recognition, with the NHAI name and emblem painted prominently on sides,
back and front, together with the Control Centre and Help Line numbers. Vehicle
should be in good condition and registration number not older than two years.
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h) Hydraulic Jack, Towing Chain, Animal Hook, Rope
i) Tool Set (with standard set of spanners, pliers, hammer etc.), shovels.
j) Digital Camera, measuring tape.
k) Paper pad, Forms, pen / pencils, folders.
l) First aid kit, Rain Coat, Water Proof sheets, Stretchers (two numbers)
m) List of hospitals
Manpower
The team which is to be deployed with each patrol vehicle, needs adequate training
for their tasks, especially in first aid, vehicle maintenance and minor repairs. The
contractor must employ sufficient manpower to work in shifts for each patrol vehicle.
Typical staffing might be:
a) Patrol the corridor to ensure obstruction free flow as per shift standards.
b) To report to police and assist injured at accident scene and remove all
obstructions from road when the vehicles are cleared.
c) To provide first aid to injured, contact control room and ambulance service if
needed, assist police.
d) Report all incidents on radio control, to control room.
e) To ensure safety of traffic with minimal delay in accidents.
f) To assist motorists on broken down vehicles and to ensure that they do not
obstruct free flow.
g) Maintain relations with all emergency services, and local safety councils.
h) To report carriageway condition, especially traffic guidance aids, signs,
markings condition, condition of drainage, ROW plantations, median
plantation etc.
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i) Check on encroachment irregularities taking place within ROW, and prevent
unauthorized entry into the corridor.
j) Prevent theft of assets and report.
k) Attend to urgent maintenance of safety requirements.
At all times, the Route Patrol In-Charge should have available with a list of telephone
numbers and address of all concerned in providing the Road Users Services, within
and without the contract.
On duty, all staff are to wear distinctive standard jackets having company LOGO,
with night visibility. They are to deal with public and hence should be well trained to
be courteous and helpful.
1.2 Ambulance
The vehicle shall be Matador Van / Swaraj Mazda / Tempo Traveller or equivalent
preferably white colour with the provision of two stretchers, fitted with rotated light
for reorganization, with NHAI name and emblem painted permanently on sides, back
and front, together with control centre help numbers. The ambulance is required to
have the following medicines and equipments and also the paramedical staff:
A) General Ambulance:
Folding Doctor Seat with Belt with adequate height in relation to the stretcher,
Antistatic, water proof ply board vinyl / flooring, Channel / Locking system for rolling
stretcher, High Intensity blinkers, light bar/siren/beacon, Electronic siren with
Public Addressing System, Internal lighting with three spot light embedded in ceiling,
AC/DC connection and outlet points, Wash basin with Stainless Steel Tank, SS
Trash bin Cabinet integrated with interiors, Head racks and cupboard, Attendant
seat with seat belt to double as second stretcher for stable patients, Provision for
communication system where the location of ambulance can be located, Provision for
fog light on sides, Cool/Warm boxes, Provision of Fire Extinguishers, Handheld
Spotlight, Inverter with the facility re-charging from 220V AC and Vehicle‟s
alternative. Oxygen delivery system comprising of Cylinder Trolley, Pressure tubing
with regulators, Roof mounted Air-conditioner with appropriate cooling capacity with
additional blower for Patient Cabin, Extrication Equipment and Good Suspension to
cater for smooth transportation.
Automatic loading stretcher, Scoop Stretcher, Folding stretcher, Spine Board full,
Vacuum Splint Kit/foldable splints, C-Collars, Oxygen Cylinder with accessories
mounted / with manifold and pressure indicators, Oxygen Cylinder (aluminium
portable), BP Instruments (Wall Mounted-Aneroid), Stethoscope, Automatic
defibrillator, Resuscitation bag (ambu bag, laryngoscope. Airways and mask of
different size including pediatric), Manual foot operated suction pump, I.V Fluid and
I.V sets, Tourniquet, First-Aid Box (Dressing Material/Antiseptic lotion/Analgesic
etc.), Linen/Blanket, Laryngeal Mask airway of all sizes.
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The following paramedical staffs (with each ambulance) are required with proper
uniform and name of the person written on the uniform:
1.3 Crane
Removing all types of broken down/vehicles which have met with accidents from the
carriageway and towing the same to proper locations i.e nearest Police Stations or
some suitable locations by using 15 tonnes or of more capacity pick and carry crane,
as per requirement of the incident and as per Clause 1 of Scope of Work and as per
Clause 1.4.1 and 6.8.3 „Performance Standard‟ of scope of work. The crane shall be
equipped with precise vehicle tracking (VTS) (of reputed ISO 9001 Company) based
on Global Provision System (GPS) and GSM/GPRMS technology. The system shall
include micro, live, real time tracking web based software through which use of GIS
maps and transit, stoppage idle, over speed reports of vehicles shall be obtained.
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The intersections at either end or in-between shall be managed such that delays
to through traffic are minimized.
In respect of route operation like patrol vehicle, ambulance and towing of vehicle,
any case of non compliance as per Cl. 1.4 „Performance Standard‟, a penalty of
Rs.5000/- for each non compliance incident will be levied.
The log books for Route Patrols and Ambulances shall be maintained as per
“Logging System” i.e exact time reached at particular incident and time at which
the spot of incidence left out. Both vehicles should not waste time unnecessarily.
From the entries of log book, if it is found that time is exhausted unnecessarily /
arbitrary, reduction in the rate of concern BOQ item shall be made. Engineer‟s
decision in this regard shall be final.
Signed muster rolls of staff pertaining to route patrols and Ambulances shall be
maintained. Any absenteeism of route patrol staff shall attract a penalty of
Rs.300/day/incidence and Rs.500/day/incidence in case of Ambulance Staff.
The decision of Engineer shall be final in this context.
The route patrol vehicles and Ambulances shall be equipped (for 24x7 period and
total duration of contract) with equipments/medicines as mentioned in Cl. No. 1
of “Incident Management” of agreement. Any shortage of equipments / medicines
shall attract penalty. The penalty in the range of Rs.500 to Rs.2000/incidence
shall be imposed on contractor. The decision of Engineer shall be binding on the
Contractor.
The Contractor shall submit following documents along with each monthly
statements of work done.
a) The photographs (hard copies) of each incidence of damaged towed vehicle
with use of crane for entire month.
b) The undertaking of Route Patrol Incharge and driver of each damaged towed
vehicle stating that “no charges” i.e the services of crane made freely available
to damaged vehicle.
c) The claim for BOQ item, “use of crane” shall not be entitled in absence of
above mentioned data. Reduction in rate on prorata basis shall be proposed in
absence of above data.
The Contractor shall submit the following documents alongwith each monthly
statements of work done.
i) The reports as per IRC 53-1973 and formats approved by Engineer of
accidents occurred during the month.
ii) The photographs in hard and soft copies of all accidents and in soft
copies for all other incidences.
iii) The reports of incidences other than accidents shall be submitted in the
format approved by the Engineer.
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The photographs (hard copies) supplied shall be paid under concerned BOQ item.
The Contractor shall submit the daily report of accidents / incidences occurred
on each of next day. Failure of which shall attract penalty of Rs.100 / incidence.
Each route patrol vehicle shall be installed with precise Vehicle Tracking System
(VTS) of reputed ISO 9001 company. The VTS shall be based on Global
Positioning System (GPS) and GSM / GPRSM technology. The system shall also
include micro, live real time tracking web based software by use of which GIS
maps shall be assessed and transit / stoppage / idle / over speed reports of
vehicles shall be generated.
For operation of this system one branded computer (with minimum one year
warranty) of following configuration shall be installed at “O&M centre”, by the
Contractor.
i) Intel Pentium D processor 925 with EM64T (2x2 MB cache, 3.0 Hz, 800
MHz, FSB, Dual Core)
ii) 512 DDR RAM & 160 GB SATA Hard Disk Drive.
iii) 16X DVD super multi drive with light scribe and double layer (8.5GB)
support.
iv) Standard Modem.
v) Integrated ATI Radeon xpress 1100.64MB dedicated Graphics Memory,
ATI Hyper memory up to 64 MB, 128 MB TAG memory.
vi) 9 in 1 card reader up to 5.1 Surround Sound ready creative SB372.1
speakers.
vii) 17” TFT monitor with digital mouse & standard key board.
viii) With latest window O.S
The Contractor shall install one broadband internet connection. He shall also
make necessary arrangements for uninterrupted electric supply to VTS.
The Contractor shall submit hard copies of VTS generated reports such as transit
/ stoppage / idle, average speed etc. for entire month along with each monthly
statement of work done.
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.
BILL OF QUANTITIES
(SECTION – V)
37
Name of Work : Incident Management (Route Patrol, Crane, Ambulance etc.)
on Barwa Adda – Panagarh section of NH-2 (Km.398.750 to Km.515.236) in
the state of Jharkhand / West Bengal.
BILL OF QUANTITY
Total
……………………………………………………………………………………………………………...
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MODEL FORMS
(SECTION – VI)
40
PERFORMANCE BANK GUARANTEE
To,
The Chairman
National Highways Authority of India,
Plot Nos. G – 5 & 6, Sector – 10, Dwarka
New Delhi – 110 075
AND WHEREAS it has been stipulated by you in the said Contractor shall furnish
you with
a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with his obligations in accordance with the Contract.
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;
NOW THEREOF we hereby affirm that we are the Guarantor and responsible to you,
on behalf of the Contractor up to a total of __________________________________ [
amount of Guarantee] _____________________________________________________
____________________________ [in words], such sum being payable in the types and
proportions of currencies in which the Contract Price is payable, and we undertake to
pay you, upon your first written demand and without cavil or argument, any sum or
sum within the limits of _____________________________________________ [ amount of
Guarantee] as aforesaid without your needing to prove or to show grounds or reasons
for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor
before presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of
the Contractor or of the Works to be performed thereunder or of any of the Contract
documents which may be made between you and the Contractor shall in any way
release us from any liability under this guarantee, and we hereby waive notice of any
such change, addition or modification.
This guarantee shall be valid until 6 months from the date of completion of the
contract.
41
LETTER OF ACCEPTANCE
(LETTERHEAD PAPER OF THE EMPLOYER)
TO, :
………………………………………………………………………………………………………………
…………………………………………………………………………………………………… (name
and address of the contractor)
Dear Sir,
This is to notify you that your Tender dated ______________________ for execution of
the _____________________________________________________ (name of the contract and
identification number, as given in the instructions to Tender) for the contract price of
Rupees ___________________________________ (Rs. ____________) (amount in words and
figures), as corrected and modified in accordance with the instruction of Tender is
hereby accepted by NHAI.
You are hereby requested to furnish performance security as per condition clause
________ of Tender document an amount of Rs. ______________________ within 7days of
the receipt of this letter of acceptance and sign the contract, failing which action will
be taken accordingly.
Yours faithfully,
Authourised signature
Name of Agency
42
Issue of notice to proceed with the work
(letter of the employer)
Date:_________________
To,
__________________________ (Name and address of the contractor)
__________________________
__________________________
__________________________
__________________________
__________________________
Dear sir,
Pursuant of your furnishing the performance security as stipulated in Tender
document clause _______ and signing of the contract for the construction of
____________________
At a contract price of Rs.____________________________________________________ you
are here by instructed to proceed with the execution of the said works in accordance
with the contract documents.
Yours faithfully,
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