NOTICE FOR INVITATION TO BID FOR HIRING OF REACH STACKERS …kribhcoinfra.com/ITB for Hiring of...

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NOTICE FOR INVITATION TO BID FOR HIRING OF REACH STACKERS FOR HANDLING OF ISO/DSO CONTAINERS AT CONTAINER RAIL TERMINAL / PFT / ICD AT KRIBHCO INFRASTRUCTURE LIMITED (KRIL) SIDING, REWARI (KIIP) KRIBHCO (Krishak Bharti Cooperative Ltd.) is the world‟s premier fertilizer producing cooperative which manufactures and distributes chemical fertilizers and allied farm input, (Kribhco Infrastructure Limited KRIL) is a 100% subsidiary of KRIBHCO.KRIL has signed Concession Agreement with Ministry of Railways to operate Container Trains in Category I i.e. entire Rail Network in relation to both Exim Traffic & Domestic Traffic. Company owns/manages and operates Inland Container Depots (ICDs) / Private Freight Terminals (PFTs) at following locations: Hazira (Surat, Gujarat), Modinagar (Ghaziabad, U. P.), Pali (Rewari, Haryana) and Hindaun City (Rajasthan), Joint Venture Terminal at Timmapur (Hyderabad, Telangana). KRIL invites sealed bids from eligible Bidders for hiring of two Reach Stackers for handling of ISO/DSO containers at Rail Terminal/ PFT/ICD at Kribhco Infrastructure Limited (KIIP) siding, Rewari(KIIP) as per following details: ITB Ref. No. HO/Tech/2016- 3 Price of Tender Documents : Rs. 2000 Plus Service Tax EMD : Rs. 200000/ ( Rs Two Lakh ) (Demand Draft in favour of Kribhco Infrastructure Limited payable at New Delhi) Date of Commencement of Issue of Tenders 3 rd September 2016 Last Date & Time for submission of Bid 26 th September 2016 (2:00 PM) Date & Time for opening of Technical Bid 26 th September 2016 (2:30 PM) Date & Time for opening of Price Bid To be informed to qualified Bidders after Evaluation and prequalification of Technical and Un-priced commercial Bid Place of Submission & Opening of Bids Kribhco Infrastructure Limited KRIBHCO Bhawan, 5 th Floor A-10, Sector-1, NOIDA 201301 Address for submission of Tender and Communication Sh. Kartik Pavagadhi GM Operations Kribhco Infrastructure Limited KRIBHCO Bhawan A-10, Sector-1 NOIDA 201301

Transcript of NOTICE FOR INVITATION TO BID FOR HIRING OF REACH STACKERS …kribhcoinfra.com/ITB for Hiring of...

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NOTICE FOR INVITATION TO BID

FOR HIRING OF REACH STACKERS FOR HANDLING

OF

ISO/DSO CONTAINERS AT CONTAINER RAIL TERMINAL / PFT / ICD AT

KRIBHCO INFRASTRUCTURE LIMITED (KRIL) SIDING, REWARI (KIIP)

KRIBHCO (Krishak Bharti Cooperative Ltd.) is the world‟s premier fertilizer producing cooperative

which manufactures and distributes chemical fertilizers and allied farm input, (Kribhco

Infrastructure Limited KRIL) is a 100% subsidiary of KRIBHCO.KRIL has signed Concession

Agreement with Ministry of Railways to operate Container Trains in Category I i.e. entire Rail

Network in relation to both Exim Traffic & Domestic Traffic. Company owns/manages and

operates Inland Container Depots (ICDs) / Private Freight Terminals (PFTs) at following locations:

Hazira (Surat, Gujarat),

Modinagar (Ghaziabad, U. P.),

Pali (Rewari, Haryana) and

Hindaun City (Rajasthan),

Joint Venture Terminal at Timmapur (Hyderabad, Telangana).

KRIL invites sealed bids from eligible Bidders for hiring of two Reach Stackers for handling of

ISO/DSO containers at Rail Terminal/ PFT/ICD at Kribhco Infrastructure Limited (KIIP) siding,

Rewari(KIIP) as per following details:

ITB Ref. No. HO/Tech/2016- 3

Price of Tender Documents : Rs. 2000 Plus Service Tax

EMD : Rs. 200000/ ( Rs Two Lakh )

(Demand Draft in favour of Kribhco

Infrastructure Limited payable at New Delhi)

Date of Commencement of Issue of Tenders 3rd September 2016

Last Date & Time for submission of Bid 26th September 2016 (2:00 PM)

Date & Time for opening of Technical Bid 26th September 2016 (2:30 PM)

Date & Time for opening of Price Bid To be informed to qualified Bidders after

Evaluation and prequalification of Technical

and Un-priced commercial Bid

Place of Submission & Opening of Bids Kribhco Infrastructure Limited

KRIBHCO Bhawan, 5th Floor

A-10, Sector-1, NOIDA – 201301

Address for submission of Tender and

Communication

Sh. Kartik Pavagadhi

GM Operations

Kribhco Infrastructure Limited

KRIBHCO Bhawan

A-10, Sector-1 NOIDA – 201301

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Section – 1 Instruction to Bidders

1. Pre-qualification criteria:

KRIL will review Prequalification and eligibility in this ITB for demonstration of the

capability of the bidder based on the information furnished by the bidder in the offer.

The decision of the owner in this regard is final.

1.1. Experience (i) Handling of Containers

Bidders should have experience of handling experience of minimum number of

10000 TEUs per annum during the last two financial years i.e. 2014-15 and 2015-16

put together in the name / firm composition for which this tender is being applied.

(ii) Experience Certificate

All the prospective bidders must submit their experience in the format as per

Annexure No-2 by actual the user / owner to evaluate the as per clause 1.1 (i) as

above and clause 1.2 of the section -1.

1.2. Financial Credibility

(i) Turnover:

The prospective bidder should have a minimum gross turnover of Rs.60, 00,000/-

(Rupees Sixty Lac only)per annum during any one of two financial years i.e.2014 -15

and 2015-16 or turnover of Rs 1,20,00000/ ( one Crore twenty Lakhs ) for two

financials put together. .

Audited copies of the Balance Sheets and Profit & Loss Accounts for years e.g. 2014

-15 and 2015-16 should be duly attached with Bids. However, unaudited reports /

Chartered Accountant‟s Certificate for immediately preceding year shall be accepted

in case the audited copies of the balance sheet is not available

1.3 Equipment Ownership

1.3.1 The minimum number of Two equipments required to be owned and deployed

for carrying out the work by the bidder. Equipments must be owned by the bidder,

in the name of the owner/ firm (in case of proprietary firms), in the name of the

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partner/firm (in case of partnership firms) or in the name of company or any one or

more directors of the company (in case of a company) at the time of bidding.

1.3.2 Bidders who fulfill the minimum eligibility criteria can participate in the

bidding.

1.3.3 Owned equipment, as per the minimum number specified, should be deployed

at site immediately and maximum within 15 days from the date of the issue of LOI.

1.3.4 The bidder must submit detailed deployment plan in the SOR format.

2. Place / Nature of operations:

The place and area of operations shall be KRIL Rail Terminal, Rewari which is

operational since 2012 and notified as ICD under Customs Act 1962 since 2013.

The place of operation shall include the existing complex, which include container

yard, bonded warehouse or any other location inside the terminal and any further

expansion in the premises during currency of the contract. At siding handling of ISO

/DSO loaded and empty containers will be undertaken normally in 20‟ and 40‟ or

any other size of container.

3. Constitution of the Firm:

3.1. The bidders, who are the constituents of a Firm, Company, Association/or

Society, must enclose notarized/ attested copies of the constitution of their

Firm/Company/Association or Society, power of attorney and/or partnership-

deed.

Co-operative societies must submit an attested copy of the certificate of

registration along with the documents mentioned earlier.

3.2. The cancellation/modification of any documents such as Power of Attorney,

Partnership-deed etc. shall forthwith be communicated to KRIL in writing,

failing which KRIL shall have no responsibility or liability for any action taken

on the strength of the said documents submitted earlier or on the basis of the

amended documents.

3.3. KRIL may recognise changes in Power of Attorney and related documents after

obtaining proper legal advice.

3.4. If the tender is submitted by a proprietary firm, it shall be signed by the

proprietor above his full name and the name of his firm with its current

address. If the tender application is submitted by a firm of partnership, it shall

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be signed by all partners of the firm, above their full names and current

addresses or by a partner holding the Power of Attorney for the firm for signing

the application, in which case a certified copy of the Power of Attorney shall

accompany the tender application / document. A certified copy of the

partnership deed, current address of the firm and the full names and

addresses of all partners of the firm shall also accompany the tender

application / document.

3.5. If the tender application is submitted by a Company or a Corporation, it shall

be signed by its Director/duly authorised person supported by Board

resolution or holding the Power of Attorney for signing the application, in

which case a certified copy of the Board resolution/Power of Attorney shall

accompany the tender document. Such Company or Corporation will be

required to furnish satisfactory evidence such as Memorandum and Articles of

Association of its existence with the tender document.

4. Joint Venture:

4.1. If the tender application is submitted by a Joint Venture of two or more firms:

a. It shall be signed by each member party to the joint venture so as to be legally

binding on all parties.

b. One of the partners shall be nominated as the lead partner and his

authorisation shall be evidenced by submitting a power of attorney signed by

legally authorized signatories of all the partners.

c. The experience of container handling as mentioned in clause 1 in case of joint

venture shall be determined by adding together the experience of all partners

of a joint venture. However, as a qualifying criterion, the lead partner must

have at least 60% of minimum experience mentioned in the above clause.

d. The turnover in case of joint venture shall be determined by adding together

the turnover of all the partners of the joint venture. However, as qualifying

criteria, the lead partner must have at least 60% of the minimum turnover.

e. The equipment can be provided by any or all partners of the joint venture.

f. It shall be accompanied by a legal document signed by all the parties to the

Joint Venture/Consortium confirming therein a clear and definite manner of

the prepared administrative arrangements for the management and execution

of contract, the delineation of duties, responsibilities and scope of work to be

undertaken by each such party and the authorised representative of the Joint

Venture.

g. The tender application shall include a copy of the joint venture agreement

which shall inter-alia state that all partners shall be liable jointly and

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severally for the execution of the contract and the lead partner shall be

authorised to incur liabilities and receive instructions for and on behalf of any

or all partners, and the entire execution of the contract including payments

shall be done exclusively with the lead partner.

h. The agreement for the Joint Venture between the partners shall be

notarized/registered as per Laws of the Union of India.

i. If any person, debarred by KRIL, is a partner in joint venture bidding for

the tender, then that JV will be considered as disqualified.

5. Period of contract:

The period of Contract shall be for 2 (Two) year from the date of commencement of

work and shall be extendable further on same terms and conditions for another

1(One) year. The extension would be granted only after the consent of both the

Parties, at the time of expiry of 2 (Two) year. The date of start of physical work by the

contractor shall be treated as the date of commencement of contract.

6. Subletting:

The contractor shall not sublet, transfer, or assign the contract or any part thereof,

without the previous written approval of KRIL. In case the contractor contravenes

this condition, KRIL shall be entitled to place the contract elsewhere at the cost and

risk of the contractor and all expenses borne on this account shall be recovered from

him.

7. Validity of Offer:

7.1. The bidder is permitted to tender on the clear understanding that, after

submission of the tender he will not rescind from his offer or modify the Terms

and Conditions, Price Bid.

7.2. Validity of price Bid: 90 days from the opening of price bid.

8. Acceptance of the Tender:

8.1. The authority for acceptance/rejection of the tender documents and tendered

rates will rest with Competent Authority of KRIL, who does not bind himself to

accept the lowest or any other tender.

8.2. Acceptance of tendered rates will be communicated by FAX/E-mail/ Express

Letter or Formal letter of acceptance of tender. The acceptance of lowest bid by

the Competent Authority will be deemed to conclude the contract and non-

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compliance of any terms of agreement, including signing of the agreement, will

amount to breach of contract with all attendant legal consequences.

8.3. The tender documents submitted by a bidder shall become the property of

KRIL and KRIL shall have no obligation to return the same to the bidders.

8.4. On acceptance of the tender, the name of accredited representative(s) of the

bidder who would be responsible for taking instructions from KRIL shall be

communicated to KRIL within three working days.

8.5. KRIL shall not give any intimation to the unsuccessful bidders about the fact of

the rejection of their tender both in the case of pre-qualification bids and

financial bids.

KRIL is also not bound to give the reasons for such disqualification.

9. Rights of KRIL:

KRIL also reserves the right to:

a) Award the work partially, if deemed fit by the Competent Authority, in the

financial /business interest of KRIL.

b) Overlook any bidder who is in the same line of business and competing with KRIL.

c) Bypass any bidder debarred by any Government / Semi Government body or PSU.

d) Seek clarifications from the bidders regarding any information and documents

submitted, along with Pre-Qualification bid. Failure to submit the same may

render the bid liable for rejection. However the clarifications sought should not

change the basic bid submitted by the bidder.

e) Accept or reject any or all of the pre-qualification / financial bids in part or full.

f) If the bidder/bidders deliberately gives/give wrong information or conceals some

facts in his/their tender or creates/ create circumstances for the acceptance of

his/ their tender fraudulently, KRIL reserves the right to reject such tender at any

stage along with forfeiture of earnest money deposit. Bidder is liable to face the

penalty of banning of business dealing with him by KRIL.

10. Execution of Contract document / Work Order:

The successful bidder whose tender is accepted shall be required to appear at the

KRIL office, if the bidder is a Firm, Company or a Corporation, a duly authorised

representative shall so appear to sign the agreement and execute the contract /

Work order documents within (7) Seven days of the date of issue of communication

(LOI) from KRIL's office and start the work within (15) Fifteen days of issue of LOI or

by the date communicated by KRIL, whichever is later. Failure to do so may

constitute a breach of contract concluded by the acceptance of the tender, leading to

forfeiture of Earnest Money Deposit, besides any other action, including risk and

cost working, that KRIL might take as per the Terms and Conditions including

General Conditions stipulated in this document.

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11. Performance Bank Guarantee:

(i) The contractor shall submit performance bank guarantee, valid for the entire

period of the contract, equivalent to 5% of the total contract value i.e. 5% of the

amount payable for 2 years (as per Annexure 3), in the form of BG drawn in favor

of Kribhco Infrastructure Limited payable at Noida within seven (7) days from the

date of award of the contract /LOI / Work Order. In case the contractor fails to

submit PBG, an amount equivalent to BG shall be retained from the running bill

of the contractor as an interest free refundable security deposit. In case of further

renewal of the contract a fresh BG will be submitted accordingly.

(ii) PBG, subject to any deductions that may be made there from, be returned to

the contractor within Two calendar months after termination or discharge of

the contract and on issuance of "No Dues Certificate" by the Terminal

Manager.

12. Volume of work & Change in Business Pattern:

12.1. The bidder shall handle such number of containers as are brought in the place

of operations by KRIL. The Reachstacker deployed should be equipped to

handle minimum 16 containers per hour with 20 hrs a day working capability

subject to availability of work load.

12.2. The volume of work / traffic is likely to fluctuate (increase or decrease) and the

bidder shall not make any claim for compensation arising directly or indirectly

out of such fluctuations in the volume of traffic to be handled during the

currency of the contract on KRIL.

13. BID DOCUMENTS

13.1. The Bidder is expected to examine all instructions, forms, terms and

conditions in the ITB. The ITB together with all its attachments thereto, shall

be considered to be read, understood and accepted by the Bidders. Failure to

furnish all information required or submission of a Bid not responsive to the

ITB in every respect will be at the Bidder‟s risk and may result in the rejection

of the Bid.

13.2. Bids shall be prepared by the Bidders against this ITB (“Bid”) by typing or

printing with indelible black ink in the proposal sheets. Bidder shall submit

the prescribed as per Performa attached in the annexures of this ITB subject

to the provisions hereof.

13.3. The Bidder shall submit the following documents in separate sealed envelopes

by the time and date specified in the ITB marked as detailed:

13.3.1. Earnest Money Deposit (EMD)

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13.3.2. Un-priced Commercial Bid cum eligibility bid

13.3.3. Price Bid

13.4. All the envelopes shall be marked as below and should have written “DO NOT

OPEN” on it. The outside of the envelope should also indicate clearly the name

of the Bidder and his address:

ENVELOPE – 1 Earnest Money Deposit (EMD)

ENQUIRY NO. HO/Tech/2016- 3

ENVELOPE – 2 Un-priced Commercial cum Pre-qualification Bid

Balance sheet of last two financial years.

Certificate stating that Bidder has not been

blacklisted by any company in India.

Unconditional Acceptance of all other Terms and

Conditions of the ITB.

Experience Certificate for similar works.

ENQUIRY NO. HO/Tech/2016- 3

ENVELOPE – 3 Price Bid (As per SOR )

ENQUIRY NO. HO/Tech/2016- 3

13.5. If the envelope is not sealed and or not marked as required, KRIL will not be

responsible for the Bid‟s misplacement or premature opening.

13.6. Bid submitted by telex or telegram or email will not be accepted. KRIL

reserves the right to reject any Bid that is not submitted according to

instructions stipulated in the ITB.

13.7. The Bidder should ensure timely submission of Bid so as to reach KRIL by the

last date and time for submission of the Bids indicated in the ITB. Any bid

received after the deadline specified in the ITB or by extended time pursuant

to it shall liable to be rejected.

13.8. KRIL may extend the last date for the submission of Bids by amending the ITB

documents. In such case all rights and obligations of KRIL and the Bidders

under this ITB shall be subject to the extended deadline.

13.9. EARNEST MONEY DEPOSIT (EMD)

13.9.1. The Bidder shall deposit the Earnest Money Deposit (EMD) of Rs.

200000/- (Rupees Two Lakh in any of the form given below

13.9.2. Account Payee Demand Draft (DD) / Pay Order (PO) / Banker‟s

Cheque (BC) drawn in favour of Kribhco Infrastructure Ltd (KRIL)

payable at New Delhi.

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13.9.3. KRIL shall not be liable to pay any interest on the EMD and the

same shall be interest free. In case the Bidder revokes / revises the

bid or varies any term, during the validity of bid, without written

consent of KRIL, KRIL shall forfeit the EMD.

13.9.4. The EMD of the successful Bidder will be retained till furnishing of

Performance Bank Guarantee by the successful Bidder. The EMD of

unsuccessful Bidders will be refunded by Electronic Fund transfer

(EFT) System / returned by hand, without any interest only when it

is determined that they will not be awarded the work.

13.9.5. The EMD may be forfeited,

13.9.5.1. If a Bidder withdraws or modifies his bid during the period of

bid validity specified by the Bidder in the Bid; or

13.9.5.2. In case of a successful Bidder, if the Bidder fails to accept the

LOI/work order or deploy the equipment at site within the

timeline/deployment plan as mentioned in SOR in this ITB.

13.10. Price Bid:

13.10.1. The bidders have to quote as per SOR.

14. Payment terms:

14.1. Payment will be made within 15 days of submission of bills duly supported by

work certificate issued / verified by the Terminal Manager or any other officer

authorized by KRIL. Any bill which is not accompanied by the work certificate/

verified by the terminal manager shall not be considered for payment.

14.2. KRIL shall deduct Income Tax at source at the applicable rates provided in the

Income Tax Act

14.3. KRIL may at its sole discretion make an „on account‟ payment to the extent of

50% of the value of work done in case of delay in clearance of undisputed Bills.

14.4. The contractor shall make a claim for the services rendered under this contract

to KRIL within (2) TWO months of such service. If he does not prefer claim

within the said period, he shall be deemed to have waived his right in respect

thereof and shall not be entitled to any payment on account thereof.

14.5. No claim in respect of under payment to the contractor shall be considered

valid or entertained unless a claim in writing is made thereof within (2) two

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

two months period, shall be liable to be summarily rejected by KRIL.

14.6. Bills to be submitted to Terminal Manager/ or any other KRIL representative –

KIIP for verification and further process.

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15. Termination of Contract:

15.1. In 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 KRIL (who shall be the sole judge and

whose decision shall be final), it shall also be open to KRIL 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,

KRIL shall be entitled to terminate the contract as a whole or in part and also

make suitable deductions from the running bill towards short service /

unsatisfactory service rendered by the contractor.

15.2. In the event of such termination of the contract, KRIL shall also be entitled to:

(i) forfeit the Performance guarantee as it may consider fit;

(ii) get the balance/remaining work done by making alternative arrangements

as deemed necessary and until such time KRIL is able to appoint a new regular

Contractor; and recover from the contractor (appointed under this tender) any

extra expenditure incurred by KRIL in getting the work done and damages

which KRIL may sustain as a consequence of such action.

15.3. If the extra expenditure incurred by KRIL on account of unsatisfactory

performance of the contractor as mentioned in paragraphs above is more than

the Performance Bank Guarantee proposed to be forfeited, the expenditure

over and in excess of the Performance Bank Guarantee may be recovered by

deducting the said amount from pending bills of the contractor under this

tender or from money due to the contractor by KRIL under this or any other

contract or otherwise. The contractor shall have no claim whatsoever against

KRIL, in consequence on such recoveries or termination of the contract, as

stated above.

15.4. The certificate of KRIL Official, Terminal Manager of the ICD-REWARI / KIIP,

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.

15.5. If at any time the contractor becomes insolvent or files an application for

insolvency or any creditor of his moves the court for adjudicating him as an

insolvent or, if he is convicted by any court of law, KRIL will have the absolute

option of terminating the contract forthwith and he shall have no right for

damages or compensations on this account.

15.6. KRIL will have the liberty to terminate the contract by giving an advance notice

of (30) thirty days without assigning any reason. .

16. Indemnity:

Contractor shall indemnify and keep indemnified the company against all losses

and claims, injury and damages to any person or any property whatsoever which

may arise out of or in consequence of the work and against all notices., demands,

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proceedings, damages, cost / charges and expenses, whatsoever that may arise

out of / against the company on account of fault of contractor or its agency or

manpower etc. The contractor would be liable to reimburse to the company the

cost of any damages to property caused.

17. Arbitration:

Any disputes arising out of this contract shall be referred for adjudication at

Delhi to a sole arbitrator to be appointed by the CEO/MD of KRIL under the

provision of Arbitration and Conciliation Act 1996 including any statutory

modification or any re-enactment thereof shall apply to arbitration proceeding.

Fees shall be shared equally between the parties

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SECTION - 2

SCOPE OF WORK

1.1 The scope of work indicated in the paras below is only indicative, however the

actual requirements are subject to variations/adjustments depending on the

demand and volume of traffic.

1.2 The scope of work described in this Section shall not be a basis for any dispute

with regard to rates or for alteration of terms and conditions including other

terms & Conditions. Doubts, if any, about the interpretation of any of the

clauses in this Annexure / Tender shall be referred to the Tender Submission

Authority of KRIL, whose decision in the matter shall be final and acceptable to

the bidder /contractor.

2. BRIEF DESCRIPTION OF THE WORK

2.1 Details of Requirement:

1. Lifting Capacity: The equipment should be capable of lifting empty / loaded

container of 45 MT upto 4 high with clearance of 2 ft from its resting at 3 high

level for 20‟ / 22‟ and 40„/ 45‟ ISO/DSO containers.

(Tenderer reserves to check the load test during the commissioning of the Reach

Stacker during deployment)

2. Stacking: 4 High

3. Schedule of deployment: Two Nos of Reach stackers as per issue of LOI.

4. Condition and Make of Equipments: Good working condition and equipment

should not be older than 2011 preferably make of Cargotec / Kalmar.

5. Operation / Supervision/Manpower / Running Cost/ Fuel/ Lubricants/

Repair & Maintenance etc: To be borne by the contractor.

6. Operating Hours: 24X7 on 30/31 day basis excluding cool-off and allowed

maintenance time.

7. Maintenance: To be borne by the Equipment owner. Sufficient and critical

inventory of spares to be maintained at site office and a workshop to maintained

by the Contractor.

8. Fitness Certificate: Fitness to be certified by the competent authority clearly

specifying the residual life for safe operations and shall be periodically renewed

9. Safety: Ensure that the containers are handled and stacked carefully and no

damage is caused in shifting / Handling / Stacking for containers / property/

material of the KRIL. Ensure proper and all safety norms and compliances as per

statutory authority.

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10. Handling Capacity: The Reachstacker deployed should be equipped to handle

minimum 16 containers per hour with 20 hrs a day working capability subject to

availability of work load.

11. Manpower: Helpers including operators to be available in a three shift 24X7

basis working for assisting the operator for handling / shifting of containers

including placing of locks and other activities. The contractor should make

suitable provision of Manpower for Leave Reliever & Rest Reliever.

2.2 EMPTY/LOADED CONTAINER HANDLING:

1. Loading / Unloading of ISO/DSO empty / loaded containers, of all sizes,

received from train/trailer placed inside REWARI / KIIP terminal for the

purpose, within stipulated time as stated in the General Conditions of the

contract.

2. Shifting of Empty/ Loaded containers between Rail Siding/Stacks to different

stuffing points inside REWARI / KIIP terminal 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.

3. Stacking of containers in the nominated stack or loading of these containers

directly on trailers/trains for further movement by road/rail.

4. Stacking of containers received by road in the nominated stack or loading

directly on rail wagons/trailer for further movement as specified by the

Terminal Manager, REWARI / KIIP.

5. Loading of containers stacked at REWARI / KIIP terminal on rail wagons/trailer

placed for further movement by rail/trailer.

6. Repositioning / shifting of containers through trailers or directly by

Reachstacker from Platform 1 to Platform 2 or vice versa.

7. Any other job as assigned by Terminal Manager of ICD-REWARI / KIIP from

time to time related to handling of container.

8. Maintain Data Capture sheets and machine logs with the details of container

handling from one location to another location, handling the container from/to

rail/trailer separately and to be verified by Company representative / Teminal

Manager.

3. ESTIMATED VOLUME OF WORK (Per Month):

The figures given for container handling are an estimate based upon the

performance of REWARI / KIIP terminal and the projections made for future.

These figures should not be any base for claims by bidder regarding

incorrectness of projections and consequent loss suffered by the bidder. It is

advised that the bidders should study the conditions and make their own

projections while submitting the rates.

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CONTAINER HANDLING EQUIPMENT (On Monthly hiring basis):

S.No Equipment No Description Year of

Manufacturing

Owned

/

Leased

1 Reachstacker 02 Capable of lifting/ empty handling loaded DSO/ISO containers and lift on/ lift-off from 2nd

row-two deep. Capable of stacking both 20’/22’ and 40’/45’ loaded containers upto ground + three high.

2011 & above Owned

Note:

1. The Reach Stacker must be owned.

2. 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).

3. The contractor will have to replace the equipment, if rules /laws are changed by

Government, in respect of vintage or axle payload of the equipment or any other

parameter laid down by Government.

4. Based on the previous performance and projections for the next years, there is a

requirement for handling of minimum 10,000 container moves per machine per

month with Gross Weight capacity of : 20 ft – 32 Tonne , 40 ft - 40 Tonne for

loaded containers.

4. DEPLOYMENT OF EQUIPMENT AND MANPOWER BY THE SUCCESSFUL BIDDER:

4.1 The successful bidder will be obliged to position the equipment at the terminal at

least two days prior to the scheduled start of work and deploy skilled / licensed

/ trained manpower as per extant law of State / Central government.

4.2 The successful bidder to be appointed as contractor shall, before the

commencement of the operations, get all the equipments inspected by the KRIL

official during induction of the equipment. All the deployed equipments must

conform to the age, make/model, year of manufacture, handling capacity,

carrying capacity, GVW, mechanical condition, ownership criteria, etc. wherever

applicable. The contractor will be required to produce original supporting

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documents like Registration papers, invoices, valid Insurance, Fitness

certificates, etc at the time of inspection at the terminal. Contractor should also

take insurance cover from third party for third party damage, loss or injury to

any person / material during the operations and currency of this contract.

4.3 In case of failure to deploy equipments by the contractor on or before stipulated

date, damages @Rs. 10,000/- per Reach Stacker per day or part thereof, for non

deployment will be levied/charged thereof till the equipment is provided by the

contractor.

4.4 In case of short/non deployment of required number of 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 equipment.

4.5 The decision of KRIL, will be final and binding in the matter of deciding the type

and capacity of equipments required.

5. CONTRACTOR’s OBLIGATIONS with regard to:

5.1 MAINTENANCE & UPTIME / 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 downtime 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

endeavour to make alternate arrangements at his own cost. In case the

equipment is beyond repairs, besides making immediate alternate arrangements,

the contractor shall also arrange for replacement of the equipment as per the

make/ model specified in the tender conditions, as under:

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 KRIL. 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, as specified

in the tender document will be levied.

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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 Non-

Performance, at the discretion of KRIL.

(ii) Down time:

(A) Exigency / Cooling Time

(i) Three hours of cooling in every 24 hours shall be allowed in a three shift

24X7 basis working.

(ii) 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.

(B) Performance Break down

(i) Contractor to perform loading and unloading operations in minimum allowed

free time. The allowed free time is 4 Hrs for single operations and 9 hours for

double operation for full rake from placement to release of the rake. Beyond the

above free time the liquidated damages shall be imposed on the contractor @ Rs

150 per wagon per hour basis for failure to release the rake or on account of

detention and same shall be deducted from the monthly payment. The same

shall be not be applicable in case of non availability of containers.

(ii)Periods permitted for cooling and preventive maintenance is not transferable

across the machines and also cannot be carried forward across the weeks or

months.

(iii) The actual schedule of maintenance shall be finalised by contractor in

consultation with the Terminal Manager whose decision will be final.

(iv) Any direct/ indirect penalty or charges raised by Indian Railways due to slow

/ non working of Reachstacker would be recoverable from the contractor.

Note:

(1) In case, if an equipment is required to be used without these above

mentioned breaks in an operational exigency, the same shall not be refused

by the contractor.

(2) Periods permitted for cooling/preventive maintenance shall not be

transferable across the machines.

(3) The actual schedule of cooling/preventive maintenance for the equipment

shall be decided in consultation with the Terminal Manager, whose decision

will be final.

5.2 All arrangements for operations and maintenance inclusive of fuel and

lubricants, operators, other requisite personnel, maintenance and repairs etc.

shall be made by Contractor at his own cost.

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5.3 Other:

(i) Rent charges for rest room provided to operators/staff/helpers to be paid by

contractor if allotted by KRIL depending on the availability and management

decision.

(ii) Repairing of Reachstacker to be done only at the nominated repairing area

with approval of TM/KIIP

(iii) All staff / Operator / Helper should wear uniform along with safety shoes,

jackets, helmets etc along with Identity cards during duty hours / in the

terminal premises.

(iv) Training session on half yearly basis to be conducted for staff including

operators and helpers in presence of KRIL operation staff. In addition a safety

awareness week to be organized in starting of new season.

6. SCHEDULE FOR COMPLETING ASSIGNED WORK:

6.1 Rail 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) The contractor shall work at the terminal on the basis of instructions issued

by KRIL representative and as per the instruction of the Terminal Manager.

7. LIQUIDATED DAMAGES

7.1 Reach Stacker: for actual down time up to 48 hours per month, beyond the

allowed downtime/Exigency/Cooling as mentioned above in para 5, liquidated

damages shall be recovered @ 1.2 times 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 @ 1.44 times 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 that the equipment is non-

functional shall be deducted except for the liquidated damages as stated above.

Note: For the purpose of liquidated damages, the hourly hiring rate shall be

calculated by dividing the monthly hire charges by 720.

7.2 In case of continuous breakdown of the Reachstacker beyond 48 hours,

owner / KRIL shall have right to deploy equivalent machine on cost and risk of

contractor.

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8. CONDITION FOR OPERATION OF REACH STACKER FOR HANDLING EMPTY/ LOADED CONTAINERS

8.1 The contractor is obliged to keep the Reach Stacker for handling empty and /loaded

containers in proper working condition and to be operated by skilled, licensed and

trained man power, wherever required as per existing law.

8.2 The 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, some alternative arrangements should be made to

prevent hardship to customers and revenue loss to KRIL. In case of prolonged break

down for more than 48 hours, and contractor’s failure to make alternate arrangements,

KRIL can get the work done at the risk and cost of the contractor. However, in case of

repeated failure in performance, KRIL may make alternate arrangements till the remedial

measure is taken by the contractor at his risk and cost.

9. CONTRACTOR’s RESPONSIBILITIES & DUTIES

9.1 The bidders are advised to acquaint themselves with the exact location, road

approaches, conditions, the facilities at the REWARI / KIIP terminal, (where they would

work), the Customs procedures, and with the industrial areas in and around ICD-REWARI

/ KIIP. They are also advised to familiarize themselves with the procedures and method

of working of the ICDs/DCTs/CFSs’ and ports. The bidder can visit the said REWARI / KIIP

terminal on any working day prior to submitting the tender and acquaint himself of these

aspects.

9.2 The contractor shall not independently operate in the business of container handling at

the said REWARI / KIIP terminal. Damages to the extent of Rs.10,000/- per case may be

imposed on the contractor, if any such case comes to the notice of KRIL management and

if KRIL management is reasonably convinced about the same, the decision of KRIL 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.

9.3 The contractor is expected to monitor various operational activities on a daily basis in the

format as may be prescribed by KRIL management of the REWARI / KIIP terminal from

time to time.

9.4 All 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 KRIL indemnified against liabilities arising

out of the contract on this account.

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9.5 The 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 :-

(i) Contract Labour (Regulation & Abolition) Act 1970 and Rules made there under.

(ii) The Employees (Provident Fund & Miscellaneous Provisions) Act 1952.

(iii) The Employees State Insurance Act 1948 wherever applicable (in case ESI Act is not

applicable the Workmen Compensation Act 1923 and Maternity Benefit Act 1961

will be applicable.)

(iv) The Minimum Wages Act 1948.

(v) The Payment of Bonus Act 1965.

(vi) The Payment of Gratuity Act 1972.

(vii)The Payment of Wages Act 1936.

(viii) The Motor Vehicle Act.

9.6 The 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.

9.7 Apart from the indemnity provided to the principal employer under the various labour

laws, the contractor shall fully indemnify KRIL 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 KRIL.

9.8 The 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

KRIL premises duly screened and verified, preferably through police verification. KRIL

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 KRIL such person’s conduct

is not commensurate with the requirements, discipline, decorum and decency of KRIL

and/or the person is not desirable with proper performance of the work.

9.9 The 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.

9.10 The contractor shall provide adequate number of trained supervisors, equipment/

equipment operators/drivers and other workers at all the desired operational points at

REWARI / KIIP terminal, to ensure proper and timely movement of containers, including

performance of incidental and general services, expeditiously and to the satisfaction of

KRIL officials. Terminal Manager of the REWARI / KIIP terminal shall have the final say in

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the matter. The contractor shall deploy adequate number of staff at his cost for proper

maintenance of equipments at ICD-REWARI / KIIP. Further, the contractor shall ensure

that at least one helper is available with the Reach Stacker to carry out other instructions

of KRIL’s representatives related to the operations at the terminal.

9.11 The 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 of handling equipment should also be provided by him at the

ICD-REWARI / KIIP so that the work is not hampered at the terminal.

9.12 The contractor will be required to keep its premises and/or workshop in the ICD-

REWARI / KIIP 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.

9.13 In every case in which, by virtue of the provisions of the aforesaid Acts or the Rules, KRIL

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 KRIL due to the contractor’s failure

to fulfill his statutory obligations under the aforesaid Acts and the Rules, KRIL 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 KRIL under

relevant sections of the concerned Acts. KRIL shall be at liberty to recover such amount

or part thereof by deducting it by invocation of bank guarantee from any sum due by

KRIL to the contractor whether under the particular contract or otherwise, KRIL 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 KRIL security for

all costs for which KRIL might become liable in contesting such claim. The decision of KRIL

regarding the amount actually recoverable from the contractor as stated above shall be

final and binding on him.

9.14 If KRIL, 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

noncompliance.

9.15 Contractor shall cover all his manpower deployed at site with adequate provision of

workmen compensation policy if required.

10. EMPLOYEES PROVIDENT FUND & ESI

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10.1 It will be the responsibility of the respective contractors to obtain separate code

(identification number) for deposit of PF and ESI dues, with the concerned authorities

directly, prior to commencement of work.

10.2 The onus of deposit of PF/ESI dues shall be on the contractor. Payment against

contractor’s bills will be released only when 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).

10.3 It shall be mandatory for the contractor to obtain ESI and PF registration, and to obtain

(or at least apply for) labour license if required as per statutory requirement before the

commencement of the work.

10.4 The contractor shall comply with the provisions of Para 30 & 36-B of the Employees

Provident Fund Scheme, 1952; Para 3 & 4 of Employees’ Pension Scheme, 1995; and Para

7 & 8 of Employees Deposit Linked Insurance Scheme, 1976; as modified from time to

time through enactment of “Employees Provident Fund and Miscellaneous Provisions

Act, 1952, wherever applicable and shall also indemnify KRIL from and against any claims

under the aforesaid Act and the Rules.

11. LICENCE/PERMISSION/REGISTRATION

Wherever any License/Permission from or Registration with Local or State or Central

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

License/Permission/Registration. Contractor shall also be liable for producing for

inspection such certificates and licenses as may be required by the Local/State/Central

Authorities or KRIL 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, equipments / 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 equipment/trailer shall

not carry load in excess of the GVW as mentioned in the RC Book of the equipment/trailer

concerned. No claim or compensation for reimbursements, made against KRIL by

Contractor shall be entertained by KRIL for any breach of the provisions/Acts or laws by the

contractor.

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12. INSURANCE:

It is advisable for contractor to take a suitable insurance policy for terminal handling of

cargo/containers, and also for allied activities/risks, if any. This is in the interest of the

contractor to cover deployed manpower 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 KRIL for fulfillment of this contract. KRIL, 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.

13. JOINT SURVEY:

Situations may arise during the course of handling / transportation of containers and cargo

when a container (laden or empty) 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 KRIL / 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 KRIL. 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 KRIL, which

come to KRIL under all such situations. The contractor may undertake to repair the

damaged container, which has met with an accident under his custody while the same was

being handled by him, at his own initiative. This he shall do to the complete satisfaction of

the concerned shipping line / KRIL / other party to which the container belongs to at the

time of accident.

14. SAFETY

14.1 It shall be the duty of the contractor to acquaint himself with all safety regulations

regarding handling equipment and Transportation of all types of containers. The

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contractor shall follow the safety requirements mentioned here and as applicable by

laws, rules and regulations all the time during the period of contract.

14.2 The contractor shall indemnify KRIL against any violation of safety laws, rules and

regulations while carrying-out operations as required by the contract.

14.3 No unauthorized person should be allowed to work on the Trailers/equipment etc. The

drivers and crane operators should have valid heavy duty commercial license and should

be proficient in their work. No person without a valid driving license should be allowed to

drive the equipment.

15. LIABILITY

15.1 The contractor shall be liable to compensate KRIL 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 KRIL and / or to rolling stock or other property

belonging to the Railways (while operating in the premises of KRIL), 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 KRIL and shall be recovered from pending bills or Security Deposit

or Bank Guarantee / FDR under this or any other contract of the contractor with KRIL for

any other place / location.

15.2 KRIL will not be liable to pay any compensation to the staff / labour of the contractor for

the injuries / death while performing duty. In case KRIL is to incur any liability, the same

will be recovered from the contractor.

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SCHEDULE OF RATES

RATE SCHEDULE FOR CONTRACT FOR HIRING OF REACH STACKER FOR

HANDLING OF CONTAINERS AT CONTAINER RAIL TERMINAL / PFT / ICD AT

KRIBHCO INFRASTRUCTURE LIMITED (KRIL) SIDING, REWARI (KIIP).

A. It may be noted that evaluation of the Financial Bid shall be made on the basis of

these quantities. All taxes and statutory levies would be extra.

B. The fixed rates per month for HIRING OF REACH STACKER FOR HANDLING OF

CONTAINERS including cost of diesel and all other operational expenses for

handling of any number of trains, road operations, yard operations complete in all

respect on 24x7 working, are quoted as under:

S.No Equipment Equipment Details

(Make, Model,

Registration No. &

Year of

Manufacturing

Rate per

equipment per

Month (Rs. in

Figures) Exclusive

of Taxes

Rate per equipment

per Month (Rs. in

Words ) Exclusive

of Taxes

1 Reach Stacker for handling of containers

2 Reach Stacker for handling of containers

Total

Note:

1. Taxes / Duties / levies if any as applicable shall be extra to be mentioned and

indicated in % against the rate quoted and details to be mentioned.

2. Time required for actual deployment at site shall be indicated at the time of issue

of LOI by KRIL.

3. List of critical spares with sufficient no of items to be kept at workshop at site

shall be indicated and to be maintained by Contractor

4. Monthly charges include diesel, manpower, spare, maintenance, type etc.

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5. Escalation / De- Escalation upward and downward revision in the price of diesel

during the contract shall be calculated as :

0.30 x A x ((C-B) / B)

A = Base Rate -Hiring Charges /Monthly Rate as per Tender quotes shall be

treated as Base rate for all future calculations. Out of total monthly rates 30

% weight shall be considered for fuel/lubricants out of the total monthly

rates.

B= Price of diesel as applicable at Rewari on date of Tender / Opening of Price

Bid.

C= Revised Price of Diesel at Rewari on last date of the month.

Escalation / De-escalation of rates would be revised on every twelve months

basis although there may be changes in diesel prices in between.

6. The bidder must quote rates in the Schedule of rates carefully, both in words and

figures. In case of any mistake or error, the rate must be cut and written again.

Overwriting in rates should be avoided. All cuttings, corrections, etc. should be

counter signed by the bidder in full. In case of any difference in rates quoted in

words and figures, the rate quoted in words will be taken into account. Further,

in case the bidder does not indicate a rate both in words and figures and only

indicates in any one (either words or figures), then that rate will be taken into

account and his bid will be evaluated accordingly. No clarification on the same

will be sought and KRIL reserves the right of interpretation of the same to its

advantage.

7. The monthly rental shall be billed / invoice by the contractor from the date of

actual commissioning of equipment at site.

8. Any electricity or space required at site for maintenance shall be arranged at

actual prevailing tariff at terminal.

9. Based on the previous performance and projections for the next years, there is a

requirement for handling of minimum 10,000 container moves per machine per

month with Gross Weight capacity of : 20 ft – 32 Tonne , 40 ft - 40 Tonne for

loaded containers. The figures given for container handling are an estimate based

upon the performance of REWARI / KIIP terminal and the projections made for

future. These figures should not be any base for claims by bidder regarding

incorrectness of projections and consequent loss suffered by the bidder

10. Any additional and un-incidental work including handling of empty containers,

no separate payment shall be made by KRIL.

11. KRIL intends to handle minimum 10,000 container moves per machine per

month. However, this estimated quantity is only an approximate estimate of

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INVITATION TO BID FOR HIRING OF REACHSTACKERS Page 26

monthly volume expected under various heads of activities and it shall not form

the basis of any dispute whatsoever.