HTPL/RST Hiring/Adhoc/2015 13-02-2015


To

  1. M/s Highway Roadlines Pvt Limited,31, Judges Court Road, Kolkata 700027

  2. M/s Roadwings International Pvt Limited ,8, Camac Street, Kolkata 700017


  1. M/s TN Singh, 98, Garden Reach Road, Kolkata 700023

  2. M/s TN Singh-JV, 98, Garden Reach Road, Kolkata 700023


  1. M/s EC Bose & Co Pvt Limited,13A, St George Terrace, Kolkata 700022

  2. M/s Ekta Enterprises, Kanakpura, Mal Godown Road,Jaipur, Rajasthan.


  1. M/s Suman Forwarding Agency Pvt Limited, 76, GT Road, South, Howrah 711101.

  2. M/s Ability Services Pvt Limited, 232, New Baradwari, sakchi, Jamshedpur 831001.


  1. M/s Niharika Logistics Pvt Limited, Chandrapur Road, Bonda, Narangi, Guwahati 781026.


Dear Sir,


Enclosed please find the quotation document for deployment of a 2 loaded/Empty RSTs purely on adhoc basis for HTPL/ICD Birgunj terminal. You are hereby requested to submit the same by 1500 hours of 1.3.15 at our HTPL office, ICD-Birgunj, Dist Parsa, Nepal in a sealed envelope. The quotation opening process is slated at 1530 hours of 1.3.15 at the same venue.


Thanking you,

Yours truly,



(B MOHAN)

CEO/HTPL









QUOTATION FOR HIRING

TWO LOADED REACH STACKER

AT ICD BIRGUNJ



































Dear Sir,


Sub: Quotation for hiring of Two Reach Stackers capable for handling of Loaded / Empty containers at ICD/Birgunj.


Himalayan Terminals Private Limited, Dryport Birgunj is pleased to invite quotations for hiring of Two  Reach Stackers capable for handling of Loaded / Empty containers at ICD Birgunj.

Quotations are being sought for hiring of equipment for a period of up to six months. The Terms & Conditions including the Scope of Work (SOR), Terms & Conditions & SOR format in which the rate is to be filled up by the intending bidder is enclosed. You are requested to submit your bids by filling up your most competitive rates in the SOR format and also enclose the Annexures duly signed and stamped on all the pages as an acceptance of the same & submit the same in a sealed envelope duly super scribed as Quotation for hiring of Two  Reach Stackers capable for handling of Loaded / Empty containers at ICD/Birgunj with the name of the bidder mentioned on the left hand side of the envelope and should be addressed to The Chief Executive Officer and should be submitted on or before 15:00 hrs on 1.3.15 in the Office of Chief Executive Officer, Dryport Birgunj on the address mentioned above. The bids will be opened on the same date and place at 15:30 hrs.


M/s HTPL reserves the right to accept or reject any or all of the quotations in part or full without assigning any reasons thereof.  


Thanking you,

                                                                                              For Himalayan Terminals Private  Ltd.


                                                                                                                   

                                                                                                                               (B.Mohan)

                                                                                                                       Chief Executive Officer

                                                                                                                

Encl: Quotation as above (22 sheets including SOR format)





CHAPTER - I

SCOPE OF WORK


1.1. The scope of work indicated in the paras below is only a guide.  The actual requirements are subject to variations/adjustments depending on the pattern and volume of traffic.


1.2.The scope of work described in this chapter shall not be a basis for any dispute with regard to rates or for alteration of terms and conditions including General Conditions.  Doubts, if any, about the interpretation of any of the clauses in this chapter shall be referred to the Quotation Accepting Authority of M/s Himalayan Terminals Pvt. Ltd, whose decision in the matter shall be final and acceptable to the bidder /contractor.


2.BRIEF DESCRIPTION OF THE WORK


HANDLING OF CONTAINERS ONLY

 

  1. Unloading of ISO/DSO containers, loaded or empty, received from train/trailer placed inside ICD/Birgunj for the purpose, within the stipulated time as stated in the General Conditions governing the contract.


  1. Moving of Empty containers between Rail Siding/Stacks to different stuffing points inside ICD/Birgunj for the purpose of stuffing and after stuffing, to bring back the loaded containers to the nominated stack or to place the same for direct loading on wagons/rakes/trailers.


  1. Stacking of containers in the nominated stack or loading of these containers directly onto trailers/trains for further movement by road/rail.


  1. Stacking of containers received by road in the nominated stack or loading directly onto rail wagons/trailer for further movement as specified by the Terminal In-charge, HTPL.


  1. Loading of containers stacked at ICD/Birgunj on rail wagons/trailer placed for further movement by rail/trailer.


  1. Any other job as assigned by Terminal In-charge of HTPL from time to time related to handling of container.


  1. Maintain Data Capture sheets with the details of container handling from one location to another location, handling the container from/to rail/trailer.


  1. EQUIPMENT REQUIREMENT :

EQUIPMENT FOR HANDLING OF CONTAINERS


SN

Equipment

No

Description

Year of

Make

Owned/ leased

1

Reach Stacker

2

Capable of lifting/handling loaded & empty DSO/ISO containers and lift-on/lift-off from 2nd row-two deep. Capable of stacking both 20’/22’ and 40’/45’ containers up to ground + three high.

2011 or Later

1 RST must be owned. Rest leased/ hired


Note:

(a)In the case of owned equipments, the ownership should be in the name of the owner / firm (in case of proprietary firms), in the name of the partner / firm (in case of partnership firms) or in the name of any one or more Directors / Company (in case of a Company).


(b)At the time of deployment, the actual equipments deployed may differ from the details submitted at the time of bidding.  An option of giving a fresh deployment plan would be available to the successful bidder at the time of issue of LOI. However, the minimum eligibility criteria with respect to make model etc. will have to be adhered to. The changed deployment plan should be duly approved by the CEO/HTPL whose decision shall be final.

 

(f)In case of the equipment taken by the bidder on hired basis, the bidder should submit a consent letter from the owners for the use of such equipment by the bidder(s) during the entire duration of the contract (contract period of six months). However, the bidder should have at least one self owned reach stacker at the time of bidding.

 

(g)The bidder must submit detailed deployment plan in the requisite format (Annexure II) for the equipment asked for in the quotation along with consent letter from owners of hired equipment.


(h)The contractor will have to replace the equipment, if rules /laws are changed by Nepal  Government, in respect of vintage or axle payload of the equipment.

   

4.DEPLOYMENT OF VEHICLE/ EQUIPMENT BY THE SUCCESSFUL BIDDER:


4.1The successful bidder will be obliged to position the equipments at the terminal at least two days prior to the scheduled start of work. The equipment should be deployed within 20 days of issue of LOI.


4.2The successful bidder to be appointed, as contractor shall, before the commencement get the equipment inspected by the HTPL official. The deployed equipment must conform to the age, make/model, year of manufacture, handling capacity, carrying capacity, GVW, ownership  criteria, etc. wherever applicable / prescribed in terms of para 3 above.  The contractor will be required to produce original supporting documents like Registration papers, invoices, valid Insurance, Fitness certificates, etc at the time of inspection at the terminal.  Equipment once deployed, should not ordinarily be changed. However, it may be changed on the written request of the contractor only with the approval of the  CEO/HTPL.


4.3In case of failure to deploy owned/hired vehicles/equipments by the contractoron the stipulated date, damages for non deployment will be levied/charged thereof till the equipments are provided by the contractor. The damages to be levied are as under:


For reach stackers - @ NRs.7,000/- per reach stacker per day or part thereof

 

4.4In case of short/non deployment of required number of vehicles/equipment at any time during the pendency of the contract, or if they are found not in conformity with the required age and any other condition, similar damages (as mentioned at s. no. 4.3. above) may be levied for vehicle/equipment.


4.5The decision of the CEO/HTPL, will be final and binding in the matter of deciding the type and capacity of equipment / vehicles required.  


5MAINTENANCE & DOWNTIME OF EQUIPMENT  


(i)       Up time:

For individual equipment availability (up time) of 100% excluding maintenance downtime and fuelling time on a monthly basis must be maintained.   The machine/equipment will be treated as down if there is a continuous break-down of more than one hour. However, at no point of time should the equipment be down for more than eight hours at a stretch.  In that case the contractor shall endeavor to make alternate arrangements at his own cost. In case the equipment/vehicle is beyond repairs, besides making immediate alternate arrangements, the contractor shall also arrange for replacement of  the equipment/vehicle as per the make/model specified in the quotation conditions, as under:  


  1. for reach stackers       –  within 21 days


In case equipment is down and needs to be taken out of the terminal for repairs, this can be permitted at the sole discretion of the CEO/HTPL. However, at the time of taking such prior approval, the contractor will have to declare the reasonable time required for repairs outside. In case the equipment is brought back within that declared period, only liquidated damages will be levied for the actual period the equipment was under breakdown. However, in case the equipment is not brought back within the declared period, the actual period of absence from the terminal will be treated as a case of non deployment and damages for non deployment, as specified in the quotation document will be levied.


Failure to comply with these stipulations will be considered as a serious case of unsatisfactory performance and may be dealt with as per the provisions of  Clause 8 below: Consequences of Non-Performance, at the discretion of CEO/HTPL.  


    (ii)    Down time for:


  1. Reach Stackers:

 

  1. Three hours of cooling in every 24 hours of working shall be allowed.


(b)  A total of thirty hours per month shall be allowed towards exigency break-down, fuelling and staff change, etc. However, the exigency breakdown should not be more than 8 hours in a day. In case the exigency breakdown is more than 8 hours in a day, the breakdown period beyond 8 hours in a day will be dealt as per provisions of para 6 below.


  1. Preventive maintenance time shall be eight hours per week, in one or two spells.  No cooling shall be allowed on the day of preventive maintenance.


(d) Periods permitted for cooling and preventive maintenance is not transferable across the machines and also cannot be carried forwarded across the weeks or months.


(e) The actual schedule of maintenance shall be finalized by contractor in consultation with the Terminal In charge whose decision will be final.


6.         LIQUIDATED DAMAGES


Reach Stacker: for actual down time up to 48 hours per month, beyond the allowed down time including maintenance as above in para 5, liquidated damages shall be recovered @ the hourly hiring rate payable to the contractor.  In case the actual total break-down is more than 48 hours in a month, beyond the allowed down time, liquidated damages @ 1.20 times of the hourly hiring rate payable, shall be recovered for the entire period the reach stacker was down, i.e. the benefit of lower rate for initial 48 hours will not be given.


However no hiring charges for the duration, the equipment/vehicle is non-functional, shall be deducted, except for the liquidated damages, as above.


Note: For the purpose of liquidated damages, the hourly hiring rate shall be calculated by dividing the monthly hire charges by 720.


7.SCHEDULE FOR COMPLETING ASSIGNED WORK

7.1Rail side handling

(i)The working hours for the purpose of loading/unloading onto/from railway flats/wagons shall be round the clock all 365 days.

(ii)Free time for loading/unloading of full rake, with Reach Stacker, is four hours for single and seven hours for double operation will be provided.

(iii)In case of overlapping job order for loading/ unloading on the same line, the activities have to be completed within the time permitted for double operations. In case loading job orders are issued in more than one lot, the time shall be reckoned from the time the first job order is given.

(iv)In case of job order for loading / unloading being issued in parts, one hour shall be permitted for every five moves (loading / offloading of containers) and the time shall be taken from the time the last job order is given.

(v)In case of overlapping operation on both lines, free time for the second rake shall commence on expiry of free time for first rake or completion of loading/ handling of first rake, whichever is earlier, whenever job orders for loading are given for another rake, prior to unloading of the last wagon of the first rake.

(vi)In case there is more than one placement for handling of rake due to capacity constraints, the maximum permissible free time for unloading/loading shall be in accordance with para 7.1 (ii) above.   The total loading/unloading time will start from the placement of first part and end with the loading / unloading completion of second part.  But the time taken in between loading / unloading completion of first part and placement of second part shall not be counted.

(vii)In case of failure to adhere to the time limits, HTPL will levy wagon detention charges for the entire rake @ NRs.100/- per hour or part thereof on per flat wagon or part thereof.   The date and time recorded in the placement / loading register  will be treated as placement time for this purpose.

7.2 Expeditious Handling of containers

All private road trailers will be required to be handled round the clock, on the basis of the job orders issued by the Terminal. The contractor shall be required to comply with all the job orders issued for container loading / offloading in a particular shift, latest by the end of the next shift. For instance, all job orders issued between 0800 hrs and 1600 hrs will have to be complied with by the closing hours of the day as decided by the CEO/HTPL. Job orders issued between 1600 hrs and 2200 hrs will have to be complied with by the end of the next working shift.  In case, more than 20% of the job orders issued during a particular shift remain un-complied with at the end of the next shift, lump sum damages of upto NRs.2000/- may be levied by the CEO/HTPL, besides payment of due Terminal Service Charges for the particular containers, at the applicable slab rates. In addition, if HTPL receives any specific claim of customer for any abnormal delay in handling, and it is considered favorably by HTPL, damages at a maximum rate of NRs.600/- per Trailer per day or part thereof would be recovered from the monthly bill of the Contractor and paid to the customer. Repeated failure on this account may be treated as instances of unsatisfactory performance.


8.CONSEQUENCES OF NON-PERFORMANCE:

  1. Damages may be recovered from the contractor for repeated non performance in addition to the damages prescribed in the respective paras above upto NRs.5,000/- per day, by the CEO.

  2. However, additional damages for unsatisfactory working will be imposed only after serving a Show Cause Notice, whereas damages under other clauses can be imposed by giving intimation to the Contractor.

8.3All the damages will be imposed by the CEO/HTPL and the same will be deducted from the monthly bill of the contractor.  HTPL may also deduct the damages from the Security Deposit, incase monthly bills are short of damages amount. In such a case, the contractor shall have to make good the Security Deposit within a period of three days of the intimation to him.

  1. SECURITY DEPOSIT:

9.1 The successful bidder will be required to furnish a security deposit of Nrs.17,85,600/- (Nepalese seventeen lakh eighty five thousands six hundred only) towards successful performance under this contract within [15 days] from the date of communication of award of contract in his favour by HTPL.  

 

9.2The security deposit may be submitted in form of Demand Draft/Bankers Cheque/Performance Bank Guarantee/cash with validity upto the end of the contract period plus 3 months from the date of its issue. No interest shall be allowed or paid on the security deposit.


9.3CEO/HTPL may extend the time for submission of Security Deposit by 10 days, on the request of the Contractor, or in the interest of HTPL, if there are sufficient reasons for doing so.


9.4      HTPL shall be entitled to appropriate the whole or any part of the security deposit in the circumstances hereinafter provided without prejudice to any other remedy or right.  HTPL shall be entitled to recover any loss or damage that HTPL may suffer or sustain by reason of the failure of the contractor to observe the terms and conditions of this contract or to pay any amount that may become due to HTPL under or by reason of the terms and conditions, of this contract from the amount of security deposit, and in the event of any balance remaining due to HTPL, the contractor shall forthwith pay the same.  In the event of any such deduction being made from the security deposit, the contractor shall at once make good the deficiency in the amount of the security deposit within fifteen days of the date of demand to this effect, failing which HTPL shall deduct the same from the monthly bills or any amount due to the contractor.

9.5The security deposit referred to above may be forfeited by HTPL in the event of any breach, on the part of the contractor, of any of the terms and conditions of this contract, leading to pre-mature termination of the contract, without prejudice to HTPL’s  other rights and remedies available under law.


10REFUND OF SECURITY DEPOSIT:

10.1The security deposit shall, subject to any deductions that may be made there from, be returned to the contractor within four calendar months after termination or discharge of the contract and on issuance of "No Dues Certificate" by the CEO/HTPL.

10.2 In the event of any dispute arising between HTPL and Handling and / or Transport contractor or between HTPL and any third party or in respect of any money due to HTPL in reference to this contract or other contracts entered into by the Handling and/or Transportation contractor singly or jointly with others and HTPL, who shall detain the security deposit or such balance thereof and/or other amounts payable to the contractor as HTPL may in its sole discretion deem fit until the dispute is settled and determined.  The Handling and /or Transportation contractor shall have no claim for compensation or otherwise for any such detention made by HTPL.


11.PERIOD OF CONTRACT:

11.1The contract shall be awarded for a period of six months from the date of commencement of contract. This period may be extended for three months as required by HTPL with the same terms and conditions.

11.2No request for any change in rates will be entertained during the pendency of the contract.

11.3 The date of start of physical work by the contractor shall be treated as the date of commencement of contract.   

12.CONDITION FOR OPERATION OF REACH STACKER


12.1The contractor is obliged to keep the Reach Stacker in proper working condition and to be operated by skilled, licensed and trained man power, wherever required as per existing law of Nepal.


12.2The preventive maintenance of the equipment should be carried out as per maintenance schedule of equipment and in case of break down, the same should be attended in time and in case of prolonged break down, alternative arrangements as specified in para 5 above should be made to prevent hardship to customers and revenue loss to HTPL.  In case of prolonged break down for more than 48 hours and contractor’s failure to make alternate arrangements, HTPL can get the work done at the risk and cost of the contractor. However, in case of repeated failure in performance, HTPL may make alternate arrangements lasting minimum 3 months till the remedial measure is taken by the contractor at his risk and cost.


13. INCIDENTAL WORK


General duties may also have to be performed by the contractor for which no separate payment will be made.


S.No.

Activity – Container handling / transportation

1

Handling of containers in the manner required by HTPL/Customs, Security officials whenever a joint check is warranted due to defective seals, damage to containers, etc.

2

Moving loaded / empty containers within ICD/Birgunj for convenience of handling traffic.

3

Shifting empty containers for cleaning/washing/repairs within ICD/Birgunj premises.

4

Shifting / adjustment of containers loaded on rail flats face to face wherever necessary.  Locking / unlocking of twist locks of railway flats at the time of loading / unloading of containers.

5

Providing periodical information and statements about container handling /transportation in formats specified by HTPL.

6

Providing timely information about container handling / transportation through means or equipment specified by HTPL.

7

Lifting loaded containers for the purpose of closing the doors / sealing of containers.

8

Spillage of oils, dusts, spares, mud, stones, etc. from the contractor’s equipment and trailers should be removed by the contractor.

9

Regular recording of container movements on data capture sheets for recording container location.


CHAPTER II

GENERAL CONDITIONS


1.DEFINITION


1.1Bidder: A person, society, firm or company willingly participating in quotation in given terms and conditions, is bidder.


1.2   Quotation: Quotation means the quotation document (both technical and commercial) submitted by the bidder for consideration by the HTPL.


1.3Name of Quotation: means the work i.e. handling of containers and cargoetc. for which quotation is being floated.


1.5Schedule of Rates: means the rates quoted by the bidder in the prescribed format for various activities to be performed by the contractor.


1.6Financial Bid: means the document containing the Schedule of Rates to be considered for the purpose of evaluation and award of contract.


1.7Container: Container shall mean various types of ISO/DSO containers i.e. Dry container, Reefer container, Flat rack, Open Top etc used for transportation of export/import and domestic cargo which could be 20’/22’/40’/45’ or tank container.


1.8Unsatisfactory Performance: The unsatisfactory working will include the following:

  • Repeated failure to adhere to the work schedule.

  • Repeated occurrences of go-slow/strike or acts of indiscipline on the part of  manpower deployed by Contractor.

  • Failure to provide manpower in consonance with work requirement for a continuous period of (5) five days.

  • Failure to provide requisite number of equipment, or ensuring its availability in consonance with contractual requirement for a continuous period of (3) three days.

  • Repeated instances of improper work.

  • Repeated instances of failure to comply with instructions of Terminal Manager.

  • Breach of terms of the contract.


1.9  Container Freight Station: A place used for storage of cargo, stuffing and destuffing of containers.


1.10Contractor: Contractor means the person, Society, Firm or Company whose quotation has been accepted by the HTPL, and shall include his employees, agents, etc.


1.11HTPL:  HTPL means ‘Himalayan Terminals Private Limited a Company incorporated in Nepal with its registered office at Parsa, Birgunj.


1.12Laws: Applicable laws of Nepal towards Labour Act, Contract Act, Motor Vehicle Act to be followed strictly.


  1. Taxes:  All Applicable Taxes of Nepal to be adhered to.


  1. Competitor: A competitor would be any firm, company, corporation, or individual who is in the same line of business and shares or can potentially share the customers of HTPL in a particular catchment area.


2.CHANGE IN BUSINESS PATTERN:


In case of drop in volumes or insufficient work contractor will not be entitled for any compensation from HTPL on this account.


3.TERMINATION OF THE CONTRACT

3.1In the event of repeated instances of unsatisfactory service or any failure at any time on the part of the contractor to comply with the terms and provisions of this contract to the satisfaction of HTPL (who shall be the sole judge and whose decision shall be final), it shall also be open to HTPL to terminate this contract by giving not less than (7) seven days notice  in writing  to that effect and if the contractor, does not make good his default within the notice period, HTPL shall be entitled to terminate the contract as a whole or in part.

3.2In the event of such termination of the contract, HTPL shall be entitled to:

(i)forfeit the security deposit as it may consider fit;

(ii)get the balance/remaining work done by making alternative arrangements as deemed necessary and until such time HTPL is able to appoint a new regular Contractor; and recover from the contractor (appointed under this quotation) any extra expenditure incurred by HTPL in getting the work done and damages which HTPL may sustain as a consequence of such action.

3.3If the extra expenditure incurred by HTPL on account of unsatisfactory performance of the contractor as mentioned in paragraphs above is more than the Security Deposit proposed to be forfeited, the expenditure over and in excess of the Security Deposit may be recovered by deducting the said amount from pending bills of the contractor under this quotation. The contractor shall have no claim whatsoever against , in consequence on such recoveries or termination of the contract, as stated above.

3.4The certificate of HTPL Official, Incharge of the ICD, as to the sum payable to the new agency, if the work in question had been carried out by him under the terms of contract, shall be final and binding on the contractor.


  1. If at any time the contractor becomes insolvent or files an application for insolvency or any creditor of hismoves the court for adjudicating him as an insolvent or, if he is convicted by any court of law, HTPL will have the absolute option of terminating the contract forthwith and he shall have no right for damages or compensations on this account.


4.DEBARRING OF BUSINESS DEALINGS


4.1In the event of premature termination of contract in terms of provisions of clause 8 above, HTPL shall also be entitled to debar the contractor for participation in future quotations of HTPL for a period as deemed fit ranging from one (01) to three (03) years.


4.2Further, in case if it comes to the notice of HTPL that the bidder/contractor has used forged documents or misrepresented the facts in any manner either to get the contract or during the pendency of the contract, in all such cases HTPL at its sole discretion may terminate the contract and debar such contractor for a period ranging from 1 to 3 years, as deemed fit. In all such cases, the provisions of clause 4, sub clause 4.2 (Termination of contract) will become applicable.


5. CONTRACTOR’s RESPONSIBILITIES & DUTIES


5.1The bidders are advised to acquaint themselves with the exact location, road approaches, conditions, the facilities at the ICD, (where they want to work), the Customs procedures and with the industrial areas in and around ICD.  They are also advised to familiarize themselves with the procedures and method of working of the ICD.  The bidder can visit the said ICD on any working day prior to submitting the quotation and acquaint himself of these aspects.


5.2  The contractor shall not independently operate in the business of container handling and transportation in the said ICD.  Damages to the extent of upto NRs.10,000/- per case may be imposed on the contractor, if any such case comes to the notice of HTPL management and if HTPL management is reasonably convinced about the same.  The decision of the CEO/HTPL, in all such cases shall be final and binding on the contractor.  This restriction shall be applicable not only for the entities undertaking this contract but also for all such entities in which the contractor has his stake so far as his business interests are concerned.


5.3If sufficient reasons are found to establish that the contractor is doing business directly with HTPL’s customers with lower rates, the same (lower) rate will become payable/paid to him.


5.4The contractor is expected to monitor various operational activities and supply information of all containers in transit to on a daily basis in the format as may be prescribed by management of the ICD from time to time.


5.5All the workers and/or person employed by the contractor shall be engaged by him as his own employees/workmen in all respect implied or expressed.  The contractor shall be responsible against any liabilities of accident, partial or full disability, death etc. of his worker or third party.  The Contractor shall keep  HTPL indemnified against liabilities arising out of the contract on this account.


5.6The contractor shall be solely responsible for compliance of all applicable laws and the statutory provisions enshrined therein; and the contractor shall specifically ensure compliance of all such various Laws, Acts, etc, including but not limited to the following :-


  1. Motor Vehicles and Transport Management Act 2049

  2. Labour Act 2048

  3. Contract Act 2056

  4. Company Act 2063

  5. Bonus Act 2030

  6. Provident Fund Act 2019

  7. Income Tax Act 2058

And all Rules and Policies made there under.


5.7The contractor shall maintain all the Registers and records, file the returns, display notices as required under the provisions and rules of various applicable labour and transport laws.


5.8Apart from the indemnity provided to the principal employer under the various labour laws, the contractor shall fully indemnify against all the payments, claims and liabilities whatsoever incidentally arising out of or for the compliance with or endorsement of the provisions of any labour or other laws to the extent of their applicability to the establishment/work in.


5.9The contractor shall give his employees/workmen unique identification either through providing uniform or any other means and ensure that all his employees/workmen are holding photo identity card in a conspicuous manner issued to him by the contractor.  It shall be the responsibility of the contractor to get all employees/workmen deployed at premises duly screened and verified, preferably through police verification.   shall have the right to object and require the contractor to remove forthwith from the premises any personnel employed by him, if in the opinion of  such person’s conduct is not commensurate with the requirements, discipline, decorum and decency of  and/or the person is not desirable with proper performance of the work.


5.10The contractor shall pay not less than minimum wages rate as notified by the appropriate Government to the employees/workers engaged by him.  The disbursement of the wages shall be in the manner as prescribed under law.  

5.11The contractor shall provide adequate number of trained supervisors, equipment/ vehicle operators/drivers and other workers at all the desired operational points at ICD, to ensure proper and timely movement of containers, including performance of incidental and general services, expeditiously and to the satisfaction of HTPL officials.  CEO/HTPL of the ICD shall have the final say in the matter.

 

5.12The contractor shall provide, at his own cost, all workers and other employees with necessary tools, safety helmets, shoes, jackets, etc. for effective and efficient discharge of the work contemplated in the contract.  Necessary inventory for consumables and certain critical components should also be provided by him at the ICD so that the work is not hampered at the terminal.


5.13The contractor will be required to keep its premises and/or workshop in the ICD premises neat and clean in all respects. The contractor should also be equipped with suitable fire fighting arrangement in the area nominated for the positioning of his trailers/equipment in the terminal premises.


5.14In every case in which, by virtue of the provisions of the aforesaid Acts or the Rules,  is obliged to pay any amount of wages to a workman employed by the contractor in execution of the work or to incur any expenditure in providing welfare and health amenities required to be provided under the aforesaid Act and the Rules or to incur any expenditure on account of the contingent liability of  due to the contractor’s failure to fulfil his statutory obligations under the aforesaid Acts and the Rules,  shall be at liberty to withhold from the bills of the contractor the amount of wage as paid or the amount of expenditure so incurred, and without prejudice to the rights of  under relevant sections of the concerned Acts.   shall be at liberty to recover such amount or part thereof by deducting it from Security Deposit and / or by invocation of bank guarantee from any sum due by HTPL to the contractor whether under the particular contract or otherwise,  shall not be bound to contest any claim made against it under any sections of any of the Acts, except on the written  request of the contractor and upon his giving to  security for all costs for which  might become liable in contesting such claim.  The decision of CEO/HTPL regarding the amount actually recoverable from the contractor as stated above shall be final and binding on him.

 

5.15 If , at any time, considers the mode adopted by the contractor of paying his workmen objectionable, it shall have the power of requiring a change of system within one week from the date of notice in writing to the effect, and in case of non-compliance with such notice, all payment to the contractor may be withheld during such non-compliance.


5.16The contractor shall bear all the custom formalities for bringing the machines/equipments into Nepal by paying the requisite customs duties. HTPL shall facilitate by issuing the letters to the concerned Customs Office giving evidence of work to be done at ICD Birgunj.


6.EMPLOYEES PROVIDENT FUND


6.1The onus of deposit of PF dues shall be on the contractor.  Payment against contractor’s bills will be released only when notarized copies of relevant challans, PF Registration / Code Number along with photocopies of attendance and payment registers are provided for the previous month (i.e. one month prior to the period for which the bill pertains).


6.2It shall be mandatory for the contractor to obtain (or at least apply for) labour licence before the commencement of the work. (To enable the Contractor to apply for labour licence, necessary certificate of award of work shall be given by HTPL).


7.LICENCE/PERMISSION/REGISTRATION


Wherever any Licence/Permission from or Registration with Local Authorities is required under the above Acts/Law or any other Laws Governing the work contracted for, the contractor shall at his own cost arrange for such Licence/Permission/Registration.  Contractor shall also be liable for producing for inspection such certificates and licences as may be required by the Local Authorities or as and when required.  The contractor shall pay all levies, fees, taxes and charges etc. to appropriate authorities and other bodies as required by them under their rules for, vehicles / trailers, employees or workers engaged by him.  These charges shall be borne by the contractor.  However, if any new tax is levied, subsequent to the signing of the contract, reimbursement of the same may be considered by the Competent Authority on the basis of written proof regarding imposition of new tax.  The vehicle/trailer shall not carry load in excess of the GVW as mentioned in the Registration Book of the vehicle/trailer concerned. No claim or compensation for reimbursements, made against by Contractor shall be entertained by  for any breach of the provisions/Acts or laws by the contractor.

 

8.INSURANCE:


It is advisable for contractor to take a suitable insurance policy for transportation and terminal handling of cargo/containers, and also for allied activities/risks, if any. This is in the interest of the contractor to cover himself from risks involved in Handling and Transportation of cargo/containers. Since this is a policy which protects the contractor, it is advisable that he takes such a policy for a value as he deems fit. It may be noted that this is not a mandatory requirement of for fulfillment of this contract. , however, will be recovering the value of any damage that has arisen while the cargo/containers were in the custody of the contractor from contractor’s bills/Security Deposit/BG etc., irrespective of whether insurance policy has been  taken by contractor or not.


9.JOINT SURVEY:


Situations may arise during the course of handling / transportation of containers and cargo when a container or cargo meets with an accident. The contractor may avail the services of a Surveyor on his own, at his own cost, if he so desires, to carry out a Joint Survey along with the Surveyor of  / Consignor / Consignee / Insurance Company, etc. for assessment of loss/damage to cargo and / or container. In case the contractor does not provide his own surveyor for the joint survey, the contractor shall not raise, subsequently, any dispute regarding the assessed value of loss/damage to cargo and/or container.  Moreover, the contractor shall be under obligation to issue “Damage Certificate” to the Consignor/Consignee, within a reasonable time, enabling the Consignor/Consignee to claim compensation from the Insurance Company, in the format as desired by .  Settlement of claims of Consignor/Consignee with Insurance Company should not lead to the conclusion on the part of the contractor that his liability is over. The contractor shall be required to settle all claims/liabilities, whatsoever, against, which come to under all such situations. The contractor may undertake to repair the damaged container, which has met with an accident under his custody, at his own initiative. This he shall do to the complete satisfaction of the concerned shipping line / to which the container belongs to at the time of accident.


10.SAFETY


10.1It shall be the duty of the contractor to acquaint him with all safety regulations regarding handling equipment and its road movement.  The contractor shall follow the safety requirements mentioned here and as applicable by laws, rules and regulations all the time during the period of contract.


10.2The contractor shall indemnify HTPL against any violation of safety laws, rules and regulations while carrying-out operations as required by the contract.


10.3No unauthorized person should be allowed to work on the equipment.  The drivers and crane / equipment operatorsshould have valid license and should be proficient in their work.  No person without a valid driving license should be allowed to drive the vehicle.


11.LIABILITY


11.1The contractor shall be liable to compensate HTPL for all damages, losses and claims in respect of damages / injuries to containers or cargo or to Customs or to any other person or damages to property belonging to and / or to rolling stock or other property belonging to the Railways (while operating in the premises of ICD), whether in his possession or not, through negligence, misconduct, default or any other act of commission or omission or that of his agents, servants or employees.  Such compensation shall be determined by HTPL and shall be recovered from pending bills or Security Deposit.


11.2HTPL will not be liable to pay any compensation to the staff / labour of the contractor for the injuries / death while performing duty.  In case is to incur any liability, the same  will be recovered from the contractor.


12.PAYMENTS


12.1 Subject to any deductions, which will be authorized to make under the terms and conditions of this contract, the contractor shall be entitled for payment for various cycles of activities performed by him at the end of the cycle, at rates finally accepted by HTPL.  The procedure of billing and payments will be as follows:


12.2HTPL will issue Job Orders for carrying out cargo and container handling/ transportation operations at ICD.  The contractor, immediately after completion of the work as per cycles defined in SOR, should report the compliance of the Job Order in writing to enable to issue the Work Done Statement, which should be enclosed along with the fortnightly/monthly handling / transportation bills for the work done in the previous fortnight/month.  Bills will not be entertained without the Work Done Statement.


12.3In case of combined cycle activities defined in Scope of Work, the payment will be made at the successful completion of each cycle (e.g. loaded transportation, stuffing / de-stuffing, empty transportation).

12.4The contractor shall prepare and submit fortnightly/monthly bills in prescribed forms based on the quantum of work handled / transported during the previous fortnight/month to the Terminal In-charge of ICD. (The format in which the bills should be prepared by the contractor shall be in tune with the format in which ’s reports are prepared. This will help to check the bills faster.) Payment of the amount claimed will be arranged after necessary checks of the correctness of the claim, deducting all charges/ damages / recoveries due, including TDS and/or any other levies at the prescribed rates.  The aforesaid payment of the bill will ordinarily be made within (7) seven working days of submission. An occasional or inadvertent delay, however, shall neither entitle the contractor to claim interest nor provide a basis for termination of contract. The work shall in no case be hampered on account of non-payment of bills.

12.5HTPL will have the right to recover any over payment which might have been made to the contractor by  HTPL through inadvertence, error, etc., or any cause, whatsoever from handling / transportation bills and from the security deposit or any other amounts due to him.  In the event of any such recoveries / adjustments being made from the security deposit, the contractor shall at once make good deficiency in the amount of the security deposit within fifteen days of payment to this effect, failing which  will be at liberty to deduct the said amount from the future bills.

  1. VAT as and wherever applicable will be paid on submission of bill along with detailed workings.

13.TIME LIMIT FOR SUBMISSION OF BILLS

13.1The contractor shall make a claim for the services rendered under this contract to  HTPL within (4) four months of such service.  If he does not prefer claim within the said period, he shall be deemed to have waived his right in the respect thereof and shall not be entitled to any payment on account thereof. Nevertheless, the CEO/HTPL on written request can waive off this limitation and allow late submission of bills if the reasons for delay are found convincing and reasonable.

13.2No claim in respect of under payment to the contractor shall be considered valid or entertained unless a claim in writing is made thereof within (4) four months from the date on which payment of the original claim thereto was made. Any claim for such under payment, not received within the stipulated four months period, shall be liable to be summarily rejected by HTPL. Nevertheless, the CEO/HTPL on written request can waive off this limitation and allow late submission of bills if the reasons for delay are found convincing and reasonable.

13.3However, in case of any specific issue over which the contractor had not billed for any particular activity the same can be allowed for payment, subject to with the prior approval of the  CEO/HTPL, notwithstanding what has been laid down in the Clause on Payment. The decision of the  CEO/HTPL shall be final and binding on the contractor.

14.PAYMENT AGAINST ADDITIONAL OR EXTRA OR SUBSTITUTED SERVICES

14.1The Contractor shall have to perform all the services provided for in this contract and shall be paid at the rates quoted by him and accepted by HTPL, subject to the terms and conditions of this contract.  The contractor shall also provide any additional services not specifically provided for in this contract for which the remuneration shall be payable at the rates as may be settled by mutual negotiations.

14.2The rates for any new items of work or substitution of existing items by a modified item would be derived in the manner given below:

(i)As far as possible, the rates of a new item of work or part of work would be derived from the existing rate schedule and would be acceptable to the contractor.

(ii)If on any account it is not possible to derive the rates from the existing rate schedule, then the rate prevailing at a similar facility (Container Terminal) nearby would be applicable.

(iii)If no such rates are available even in the nearby facility, then market rates would be ascertained and paid for by  HTPL and accepted by the contractor.

(iv)The decision of the Competent Authority,  with respect to the rates for extra/ substituted items of work will be final and binding.

15. DEDUCTIONS TOWARDS INCOME TAX, OR OTHER STATUTORY LEVIES AT SOURCE

Deduction of income tax, or any other statutory levy at source will be made from the amount payable to the contractor’s bills for the work done in accordance with the provisions of the individual Acts, as amended from time to time or any other statutory provisions and a Certificate of such deductions will be issued to the Contractor.

16.EXIT CLAUSE


HTPL will have the liberty to terminate the contract by giving an advance notice of (60) sixty days in case there are strong business reasons for it to do so as determined by its management.


17.JOINT PROCEDURE ORDER


CEO/HTPL of ICD and contractorwill draw a joint procedure order for implementation of this contract in which the system of documentation for the imposition of damages, recording of the breakdown time etc. will be decided upon.  Before commencement of work on any working day the contractor shall notify  about the condition of vehicles / equipment in the format specified by .


18.FORCE MAJEURE

Notwithstanding anything in this agreement to the contrary neither the  nor the contractor shall be liable or deemed to be in default for any failure or any delay in performance hereunder, if caused by “force majeure” which term shall mean but not be limited to fire, explosion, natural causes like flood, earthquake, civil commotion, strikes epidemic and other acts of God, action of enemies, act of any government or other similar causes beyond the control of the party affected, who shall notify the other party within a reasonable time from the beginning of the operation of said cause and shall thereafter exert all diligence to overcome such cause of delay and resume performance.


19.ARBITRATION


19.1Except where otherwise provided for in the contract, all questions and disputes relating to the meaning of the words, terms, specifications, operations, and instructions, mentioned in this contract and as to the quality of workmanship or performance of handling and/or transportation, any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, specifications, operating instructions, orders or these conditions; or otherwise concerning the transport and handling operations, the execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to a sole arbitrator to be appointed by the Quotation Accepting Authority  of . There will be no objection if the arbitrator so appointed is an employee of .  


19.2If the Arbitrator, to whom the matter is originally referred, is transferred or vacates his office or is unable to act for any reason, the Quotation Accepting Authority of , as aforesaid at the time of such transfer, or vacation of the office or inability to act, shall appoint another person to act as Arbitrator in accordance with the terms of the contract.  Such person shall be entitled to proceed with the reference from the stage, at which it was left by his predecessor.

19.3It is a term of the contract that the party invoking arbitration shall specify the disputes to be referred to arbitration under this clause together with the amount or amounts claimed in respect of each dispute.  The Arbitrator may, with consent of the parties, fix and/orenlarge the time for making and publishing the award as situation warrants.

19.4The work under the contract shall, if reasonably possible, continue during the arbitration proceedings and no payment due or payable to the contractor shall be withheld on account of such proceedings.

19.5The Arbitrator shall be deemed to have entered on the reference on the date on which he issues notices to both the parties fixing the date of the first hearing.

19.6    The Arbitrator shall have power to call for such evidence by way of affidavits or otherwise as the Arbitrator shall think proper and it shall be the duty of the parties hereto to do or cause to be done all such things as may be necessary to enable the Arbitrator to make the award without any delay.

19.7The Arbitrator shall give a separate award in respect of each dispute or difference referred to him.

19.8The venue of arbitration shall be in Nepal and in such place as may be fixed by the Arbitrator in his sole discretion.

19.9The award of the Arbitrator shall be final, conclusive and binding on all parties to the contract.

19.10All Arbitration proceedings will take place in Nepal.

20.SUBLETTING NOT ALLOWED


The contractor shall not sublet, transfer, or assign the contract or any part thereof, without the previous written approval of.  In case the contractor contravenes this condition,  shall be entitled to place the contract elsewhere at the risk and cost of the contractor and all expenses borne on this account shall be recovered from him.

21.DEATH OF THE CONTRACTOR

No alteration by death, resignation, addition or otherwise for or to the contractor or the partners constituting the contractor’s firm shall vitiate or affect this contract but the contractor’s heir or heirs or partners of the firm for the time being shall be absolutely bound by the terms hereof in the same manner as if he/they had been the sole or original party/parties hereto.

 

22. NOTICE ETC.


Save as otherwise provided, all notices issued and action to be taken for and on behalf of the Chair Person/HTPL , shall be issued or taken on his behalf by the official, in charge of the ICD, or officer so nominated by the Competent Authority.  The contractor shall furnish to CEO/HTPL of , the name(s), designation(s) and address(s) of his authorized representative and all complaints, notices communication and references shall be deemed to have been duly served to the Contractor if delivered to him or his authorized representative or left at or posted at the address so given.

 

23.WAIVER OF DAMAGES


23.1In case of Accidents, fire, fog, congestion, etc., the CEO-HTPL may condone the delay in execution of job orders and no damages would be imposed in such an eventuality, provided the incident warranting such an action by the Terminal  Incharge is brought out clearly on record.


23.2Notwithstanding anything contained hereinabove, the Chairperson -HTPL shall be the `Authority to consider waiver of any damages imposed under this contract, by the Terminal  Incharge, in part or full, at his/her sole discretion.



24INTERPRETATION OF THE CLAUSE


Doubts, if any, about the interpretation of any of the clauses in this quotation, meaning of words, terms, specifications, operations or instructions, or as to the quality of workmanship or performance shall be referred to the Quotation Accepting Authority of HTPL, whose decision in the matter shall be final.  Similarly any difficulty in implementing the contract can be resolved by referring the matter tothe Quotation Accepting Authority, who can amend the condition/clause of contract if required.

ANNEXURE- I

CONSENT LETTER (FROM OWNERS OF HIRED EQUIPMENT)

“I / We , -------------------- being the proprietor / partner/ director of  --------------- (proprietorship / partnership firm/company) being the owner of the equipments as per details given below desires to hire out the following equipments to    M/s.--------------------------------- who is bidding for the quotation for --------------------------------------------------------------- floated by .


S.N.

Equipment

Registration Nos. *Make/Model No.

     
     
     

* Make or Model No. to be asked/given in case registration of an equipment is optional and not mandatory by the RTO.

a.The equipments mentioned above shall be hired out by us to M/s. ----------------(bidder) for a period of  for 120 days    starting from the date of commencement of the contract, (if awarded by  to the party) or the positioning of owned equipment by the party at the terminal, whichever is earlier.

 

(Alternatively)

The equipments / vehicles mentioned above shall be hired out by us to M/s. ----------------(bidder) for the entire duration of the contract,  starting from the date of commencement of the contract, (if awarded by  to the party) .

b.  We have no objection to the equipment  being utilized for handling / transportation activities in ’s terminal at ------------ as per instructions of .

  1. I / We hereby agree and undertake that the equipments as offered above will not be withdrawn for the duration as indicated in para (b) above.


Sd/-

Name of authorized signatory

Signature

Seal of the firm








ANNEXURE –II


DEPLOYMENT PLAN FOR EQUIPMENT AT ICD BIRGUNJ


I/We ------------------(name of the firm/company) propose to deploy the equipments  asked for in the quotation as under:


I . Owned/Hired Equipment proposed to be deployed on date of commencement of contract:


S.N

Equipment/

Vehicle

Registration Nos.

Name of the owner

       

  1. The equipments mentioned above meet all the specifications of capacity, make, type, year of manufacture,etc as specified in the quotation.

  2. We hereby agree to submit our equipment for inspection by  officials prior to commencement of the contract / within the stipulated period to verify that the equipment / vehicles meet the specified criteria and that the documents are valid and in order.  It is also agreed and understood that in case of delay in positioning of equipment meeting the requisite criteria within the stipulated period , penalties would be leviable on us by  as stipulated in para 4.2 of  Chapter I of the quotation document.

  3. We hereby agree and undertake that the equipments as offered above will not be withdrawn for the duration of the contract as agreed to above.


Sd/-

Name of authorized signatory

Signature

Seal of the firm

 













Annexure-III

SCHEDULE OF RATES



RATE SCHEDULE FOR “Hiring of Loaded Reach Stacker for handling of Containers at ICD/Birgunj”



Table A: RATE PER MONTH PER EQUIPMENT FOR HIRING OF REACH STACKER:


SN

Equipment

No

Description

Year of

Make

Rate in NRs. Per month  per Equipment

(Both in figures & words)

1

Reach Stacker

(Loaded)

2

Capable of lifting/handling loaded and empty DSO/ISO containers and lift-on/lift-off from 2nd row-two deep. Capable of stacking both 20’/22’ and 40’/45’ containers up to ground + three high.

2011 or Later

 

Applicable Tax extra, as applicable on monthly hiring charges only.



Note: Evaluation of bids will be done on the basis of Lumpsum monthly hiring rate X 6 months.



Contact details

Address

Dryport, Sirsiya
Birgunj, Parsa, Nepal

Email Address

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Phone Number

+977-51-590020,590019

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