including handling, operation, maintenance, … documents for collection of toll at v... ·...

COLLECTION OF TOLL COLLECTION OF TOLL AT VIDYASAGAR SETU, KOLKATAAT VIDYASAGAR SETU, KOLKATAAT VIDYASAGAR SETU, KOLKATAAT VIDYASAGAR SETU, KOLKATA

INCLUDING HANDLING, OPERATION, MAINTENANCE, RENEWING AND RENOVATION,

UPGRADING OF EXISTING ELECTRONICALLY OPERATED TOLL COLLECTION SYSTEM

AS PER REQUIREMENT

TENDER DOCUMENTSTENDER DOCUMENTS

HOOGHLY RIVER BRIDGE COMMISSIONERSHOOGHLY RIVER BRIDGE COMMISSIONERSHOOGHLY RIVER BRIDGE COMMISSIONERSHOOGHLY RIVER BRIDGE COMMISSIONERS(A Statutory Organisation under Government of West Bengal)

TRANSPORT DEPARTMENTMUNSHI PREMCHAND SARANI

(ST. GEORGE’S GATE ROAD)KOLKATA 700 021

MAY 2012MAY 2012

COLLECTION OF TOLL AT VIDYASAGAR SETU, KOLKATA

INCLUDING HANDLING, OPERATION, MAINTENANCE, RENEWING AND RENOVATION,

UPGRADING OF EXISTING ELECTRONICALLY OPERATED TOLL COLLECTION SYSTEM

AS PER REQUIREMENT

TENDER DOCUMENTS

HOOGHLY RIVER BRIDGE COMMISSIONERS (A Statutory Organisation under Government of West Bengal)

TRANSPORT DEPARTMENT MUNSHI PREMCHAND SARANI

(ST. GEORGE’S GATE ROAD) KOLKATA 700 021

MAY 2012


TRANSPORT DEPARTMENT GOVERNMENT OF WEST BENGAL

TENDER DOCUMENTS

FOR


INCLUDING HANDLING, OPERATION, MAINTENANCE, RENEWING AND RENOVATION, UPGRADING OF EXISTING ELECTRONICALLY OPERATED TOLL COLLECTION SYSTEM

AS PER REQUIREMENT

CONTENTS

Volume I Section 1 Invitation for Offers NIP & Corrigenda Section 2 Instructions to Offerers

Section 3 Section 3A Information to Offerer Section 3B Form of Offer Section 3C Form of Agreement Section 3D Form of Letter of Acceptance (LOA) Section 3E Form of Bank Guarantee for depositing Earnest Money Section 3F Form of BG for Balance Four Years Section 3G Notification for Present Toll Rates Section 3H Traffic Data in the year 2002 Section 3I Traffic Data in the year 2008 Volume II Terms and Conditions of Contract Volume III Contract Drawings Volume IV Technical Proposal (To be furnished by the Offerer)



AS PER REQUIREMENT

Volume I



(ST. GEORGE’S GATE ROAD) KOLKATA – 700 021

MAY – 2012

Vol. I - SECTION 1

Invitation for Offers NIP with Corrigenda

COLLECTION OF TOLL AT VIDYASAGAR SETU, KOLKATA INCLUDING HANDLING, OPERATION, MAINTENANCE, RENEWING AND RENOVATION, UPGRADING OF EXISTING ELECTRONICALLY

OPERATED TOLL COLLECTION SYSTEM AS PER REQUIREMENT Vol. I – Section - 1

LETTER OF INVITATION FOR OFFERS

From : Sri Sanatan Saha Director (Pl. & Dn.) To : _________________ _________________ No. HRBC/10T-96/2010/ Date: ………...2012

Sub : Collection of toll at Vidyasagar Setu, Kolkata including handling, operation,

maintenance, renewing and renovation, upgrading of existing electronically operated Toll Collection system as per requirement.

Ref : NIP NO. HRBC/PL. & DN./01 of 2012 – 2013 Dated 09.04.2012 Dear Sirs, 1. This is to inform you that you are pre-qualified for submitting offer for the above

work.

2. You are now invited along with other pre-qualified offerers to submit sealed offers

for the work.

3. The tender document can be downloaded from the website of HRBC i.e. www.hrbc.in

from 03.05.2012 onwards. The offerer shall have to pay Rs.20,000/- (Rupees

twenty thousand only) in the form of Bank Draft issued by any Nationalized or

Scheduled Bank in India in favour of “Hooghly River Bridge Commissioners”

payable at Kolkata as the cost of tender document which shall be enclosed with the

offer at the time of submission of tender document.

4. All offers must be accompanied by the earnest money in the form and amounts

specified in the tender documents. The offers must be submitted in the tender box kept

in the chamber of the Director (Pl. & Dn.), HRBC at Munshi Prem Chand Sarani,

Kolkata – 700021 at/or before 14.00 hours on 18.05.2012.



5. The offers shall be in “2 envelope” format detailed in the “Instruction to Offerers”. The

offers will be opened in two stages. Initially submission of technical proposal shall be

evaluated and subsequently only those offers which are considered responsive and

technically qualified shall be subjected to financial evaluation.

6. Please confirm receipt of this letter immediately in writing by courier and/or by fax or

e-mail. If you do not intend to offer, we would appreciate being so notified also in

writing and/or by fax or e-mail at your earliest opportunity.

Yours truly,

Director (Pl. & Dn.), HRBC No. HRBC/10T-96/2010/ /1(3) Date: …………....2012 Copy forwarded to:

1) Vice-Chairman , HRBC

2) Chief Project Manager , HRBC

3) FA & CAO , HRBC

Director (Pl. & Dn.), HRBC



NOTICE INVITING PREQUALIFICATION FOR

TENDER OF TOLL COLLECTION

N.I.P. NO. HRBC/PL. & DN./01 of 2012-2013 Dated: 09.04.2012

1. Hooghly River Bridge Commissioners under Transport Department, Govt. of West Bengal invites applications from individual Company registered under Company Act or from Joint Venture/Consortium intending to prequalify contractors for the following work. 2. Name of the work: Collection of toll at Vidyasagar Setu, Kolkata including handling, operation, maintenance, renewing and renovation, upgrading of existing electronically operated Toll Collection system as per requirement. 3. Period of Contract: 5 (five) years. 4. Existing Toll Collection system and location: The Toll Plaza having electronically Toll Collection system is situated in Vidyasagar Setu (2nd Hooghly Bridge) on National Highway 117. The Toll Plaza has 9 up lanes and 9 down lanes, all electronically operated by Toll bars with computerized network. The existing electronic Toll Collection system is in operation for more than 6 years and will be continued. The new contract will have provision to utilize the existing Toll Collection system after necessary renewing, up-gradation etc. by the new entrant at his cost. 5. Scope of work: The work consist of handling, operation, maintenance, renewal & renovation, upgrading of existing electronically operated Toll Collection system which will be handed over to the new agency in working condition with Toll Gates, Toll Counter integrated with computer network system and collection of toll from notified vehicles crossing the toll plazas at Vidyasagar Setu as an agent of HRBC at rates prescribed for each category of vehicles, making payments of consideration money to HRBC as per contract providing all necessary manpower using existing electronics and other equipments already installed in Toll Plaza, providing additional equipments as per requirement, security arrangements for smooth operation of collection and handing over the entire property to the authorized agency of HRBC in working condition on completion of the contract period. 6. Eligibility of the Agency: A. Technical Criteria:

i) The offerer shall have experience of similar type of works. ii) No minor or one who has been adjudged insolvent or who or whose

dors or partners or any one of them, have/has been convicted of an offence involving moral turpitude or who has been black listed by the Central or State Government or Hooghly River Bridge Commissioners will be eligible to submit any offer and if any such offer is submitted the same shall be invalid.

Contd… P/2



(2)

iii) To be eligible for award of the contract the offerer shall provide satisfactory evidence to the HRBC/Commissioners of his eligibility and adequacy of resources to carry out the work of installation and of toll collection effectively for the entire contract period. For the purpose of this, the offer submitted shall include the following information:

Experience of operation:

(a) The bidder must have minimum 4 (four) years experience of operating either a Toll Bridge or a Toll Road.

(b) The bidder must have experience of operation of a Toll bridge or Toll road having at least 14 (fourteen) lanes preferably with provision of at least 2 (two) reversible lanes with fully electronically operated Toll Collection system at single location in India, involving collection of toll fees from vehicles only.

(c) The offerer shall have experience of handling minimum 50,000 vehicles per day in any single Toll Bridge/Toll Road in India.

(d) The amount of average annual toll collection made should be at least Rs. 40 crore for the last 3 (three) years in all locations in India ending on 31st March, 2011. The supporting document is to be submitted duly certified by Chartered Accountant.

B. Financial Criteria:

i) Details of the current business along with necessary certificates of registration with competent authorities, banker’s name and details of financial arrangements that will be made for this work.

ii) A copy of latest Income Tax clearance certificate thereof duly attested by a gazette officer.

iii) Certificate from the banker indicating the financial capability of the offerer, Bank’s willingness to finance the offerer etc., (The Bank shall be Nationalized Bank, Bank promoted by All India Financial Institutions or State Bank of India).

iv) Audited Balance Sheets along with Profit & Loss account certified by Chartered Accountant for the last three financial years in case of companies. In other cases tax audit report along with Balance Sheet and Profit & Loss account, duly certified by Chartered Accountant in terms of section 44B I.T. Act. Net worth of the enterprises in last three years certified by the Auditor shall be given separately.

v) An affidavit of Rs.150/- Court Fees stamps stating that the offerer.

(a) Has not been declared bankrupt by any institution or Government. (b) Has not been black listed by the Government or any other organization

for failure to pay any dues or for any other reason. (c) Has not been adjudged by any court as Insolvent or was/were not

convicted under any Law for an offence involving moral turpitude or any criminal activities.

Contd… P/3



(3)

vi) Turn over: The bidder must have average annual turnover of Rs.100 crore or above during the last 3 (three) years ending on 31st March, 2011.

vii) Net worth: The Company should have a net worth of at least Rs. 60 crore as on 31st March, 2011.

viii) Profit: The bidder (in case of JV or Consortium each partner) must have made profit for at least 3 (three) years during the last 5 (five) years ending on 31st March. 2011.

All documents in support of financial criteria are to be submitted duly certified by Chartered Accountant.

C. Joint Venture/Consortium:

i) Offer submitted by joint ventures or consortium of two or more offerers shall comply with the following requirements.

ii) The joint venture agreement, should confirm in clear and definite manner, the proposed financial and administrative arrangement for the management and execution and work of toll collection. The delineation of duties/ responsibilities and scope of work to be undertaken by each party and the authorized representative of the Joint Venture. One of the firms will act as lead partner representating the Joint Venture/Consortium and the duties/responsibilities and power of attorney, details of experience and performance of each of the parties to the Joint Venture/Consortium on works of similar nature within the past three years should be indicated.

iii) If the offerer has purchased the offer documents in own name and subsequently form a Joint Venture/Consortium with one or two additional companies, the offer documents can be used for submission of offer in the name of Joint Venture/Consortium, provided the offerer purchasing offer document is the lead firm. Otherwise, a separate set of documents is to be purchased in the joint ventures name or lead firms name.

iv) Lead partner of Joint Venture or Consortium shall qualify all technical criteria at its own capacity and minimum 50% of financial criteria.

v) Lead partner shall have at least 51% share of holding in the company.

vi) For indicating a lead partner legal and valid agreements among the partners of Joint Venture/Consortium will be made.

The Joint Venture Agreement will be binding on all the partners jointly and separately.

D. General: Agencies are requested to submit self attested copies of (i) PAN Card, (ii) VAT registration certificate, (iii) Service Tax registration certificate and furnish Telephone No., Mobile No., Fax No. and Postal (detail address of communication) & Email address of the agency.

Contd… P/4



(4) 7. Other Dominant Conditions:

i) Mode of payment of upfront fee: Upfront fee to be paid annually in advance.

ii) Bank Guarantee: To deposit Bank Guarantee for payment in respect of balance 4 (four) years along with the payment of upfront fee for the first year.

iii) Reserve price of annual upfront Fees as approved by State Govt.: Rs. 45.00 crore (Rupees forty five crore only) per year.

8. Self attested authentic documents signed by the authorized representative of the company should be submitted in support of all particulars. Original documents may be verified by HRBC at any time as per necessity. 9. Submission of prequalification documents will not be entertained by post, courier services or by email service. The submitted documents will be treated as confidential and will not be returned. 10. HRBC reserves the right to reject any or all prequalification applications or

prequalification process/list at any stage without assigning any reason to the applicant. 11. Only Firms/Joint Ventures/Consortiums prequalified under this procedure will be invited by HRBC to bid for the contract package. 12. Applicants will be intimated in due course of the results of their applications. 13. Last date of receipt of application for prequalification along with company

profile, documents in support of all particulars as mentioned in Sl. No. 6A to 6D is on 24.04.2012 within 15.00 hrs at the office of the Director (Pl. & Dn.), HRBC.

14. Please note that corrigendum/addendum to NIP conditions, if any, shall be indicated only in HRBC website. It is advised that, you may regularly visit HRBC website: http://www.hrbc.in. Director (Pl. & Dn.) HRBC



Instructions to Offerers

1 Tenderer’s Signature and Stamp

Vol. I Section 2 Instructions to Offerers





Vol. I Section 2. Instructions to Offerers

Table of Clauses A. General

1. Background 2. Description of Work 3. Eligibility and Qualification of Offerers 4. Cost of Offerer 5. Site Visit

B. Offer Documents

6. Contents of Offer Document 7. Deleted 8. Amendments to Offer Document

C. Preparation of Offer

9. Language of Offer 10. Documents Comprising the Offer 11. Offer Prices 12. Validity 13. Earnest money 14. Format and Signing of Offer 15 Deleted

D. Submission of Offer 16. The Offer Submission

17. Place of Submission 18. Date and Time of Submission of Offer 19. Late Offers 20. Modification and Withdrawal

E. Offer Opening and Evaluation 21. Offer Opening

22. Process to be Confidential 23. Clarification of Offer 24. Deleted 25. Offer Liable for Rejection 26. Correction of Errors 27. Evaluation and Comparison of Offers

F. Award of Contract

28. Award Criteria 29. Employer’s Right to Accept any Offer and to Reject any or all Offers 30. Notification of Award 31. Issue of (LOA) Letter of Acceptance





Vol. I Section 2. Instructions to Offerers

A. GENERAL

1.0 BACKGROUND: The Toll Plaza having electronically Toll Collection system is

situated in Vidyasagar Setu (2nd Hooghly Bridge) on National Highway 117 near Kolkata. The Toll Plaza has 9 up lanes and 9 down lanes, all electronically operated by Toll bars with computerized network.

2.0 DESCRIPTION OF WORK: The work consist of handling, operation, maintenance,

renewal & renovation, upgrading of existing electronically operated Toll Collection system which will be handed over to the new agency in working condition with Toll Gates, Toll Counter integrated with computer network system and collection of toll from notified vehicles crossing the toll plazas at Vidyasagar Setu as an agent of HRBC at rates prescribed for each category of vehicles, making payments of consideration money to HRBC as per contract providing all necessary manpower using existing electronics and other equipments already installed in Toll Plaza, providing additional equipments as per requirement, security arrangements for smooth operation of collection and handing over the entire property to the authorized agency of HRBC in working condition on completion of the contract period.

3.0 ELIGIBILITY AND QUALIFICATION OF OFFERERS :

3.1 The offer is open to all pre-qualified prospective offerers after scrutiny of documents submitted by applicants in response to Notice Inviting Prequalification.

3.2 To be qualified for award of Contract, offerers shall submit a written power of attorney authorizing the signatory of the offer to commit on behalf of the offerer.

4.0 COST OF OFFERER: The offerer shall bear all cost associated with the preparation

and submission of his offer and the Employer will in no case shall be responsible or liable for these cost regardless of the conduct or outcome of bidding.

5.0 SITE VISIT: The offerer should visit and examine the site of toll collection and its surrounding and satisfy himself, at own cost and responsibility about all information such as traffic data, availability of electricity, water, labour, manpower and other relevant information, that may be necessary for preparation of the offer. A base traffic data as counted by the office of the Chief Traffic & Transportation Engineer, Transport Department, Government of West Bengal in February, 2010 is given below. These traffic data shall be considered as only indicative.





Base Traffic Data (Average Daily Traffic in numbers in February, 2010)

Sl. No. Category of Vehicles Nos.

1. HCV (Heavy Goods Truck with trailer) 604

2. Bus 2161 3. HT (Lorry, Tractor without trailer) 5251 4. Minibus 1059 5. LT (Matador, Tempo Truck, Pick-up Van etc.) 3901

6. Private Car (Motor Car, Taxi, Jeep, Tempo, Auto-rickshaw etc.) 32002

7. Two Wheeler (Scooter, Motor Cycle etc.) 15957

Total = 60935

The offerer should make his own assessment of traffic and submit the offer as per his own judgment.

Note: Heavy Goods Multi Axle trucks without trailer will not be considered as HCV for the purpose of collecting toll rates. Tractor with trailer will be considered as HCV category. Agricultural tractor trailers are also tollable.

B. OFFER DOCUMENT 6.0 CONTENTS OF OFFER DOCUMENT: The tender documents shall comprise of

Part-1 (Technical Proposal) and Part-2 (Financial Proposal) which are to be submitted in separate envelopes. Earnest money to be submitted will be a part of technical proposal which is also to be submitted in separate sealed cover.

6.1 The offerer is expected to examine carefully all instructions, conditions and terms of

the offer. Failure to comply with the requirements of the offer documents will be at the offerer’s risk. Pursuant to Clause 25, the offers which are not substantially responsive to the requirements of offer documents shall be rejected.

7.0 DELETED 8.0 AMENDMENTS TO OFFER DOCUMENT: At any time prior to the deadline for

submission of offers, the Employer may, for any reason, whether at his own initiative or in response to a clarification or query raised by a prospective tenderer, modify the tender documents by issuing addenda.





The said amendment in the form of an addendum will be indicated only in HRBC website i.e. http://www.hrbc.in on or prior to last date mentioned in Clause 18.0. In order to afford prospective tenderers reasonable time for preparing their tenders after taking into account such amendments, the Employer may, at his discretion, extend the deadline for the submission of tenders in accordance with Clause 18.0.

C. PREPARATION OF OFFER

9.0 LANGUAGE OF OFFER: The language of offer shall be English. 10.0 DOCUMENTS COMPRISING THE OFFER:

10.1 The offer submitted by the offerer shall comprise the documents furnished under Sub-

Clause 16.8. The documents listed under Sub-Clause 16.8 of Section 2 shall be filled-in without exception as necessary, subject to extensions thereof in the same format.

10.2 All the Documents comprising the offer shall be signed on every page and submitted to the Tender Inviting Authority by the date specified in Clause 18.0.

11.0 OFFER PRICES: The offerer shall quote his offer, in the form of offer, as a

lumpsum highest bid price for the entire contract period to Hooghly River Bridge Commissioners in Volume – I, Section 3B.

11.1 The offer price quoted by the offerer shall include all the costs towards Collection of

Toll at Vidyasagar Setu including handling, operation, maintenance, renewing and renovation, upgrading of existing electronically operated Toll Collection system as per requirement with reference to tender documents, required for the work of toll as defined in clause 2.0 above. The offerer shall provide for all superintendence, labour, material, plant, equipment, environmental measures and all other things required for work of toll collection including all taxes, duties, royalties, octroi and other charges payable under the law. Service Tax, if applicable, as also Tax Collection at Source (TCS) will be payable by the contractor.

11.2 Offer shall be quoted in words as well as in figures. 12.0 VALIDITY: Validity of the offer shall be 120 days from the date fixed for receipt of the offer. 13.0 EARNEST MONEY: 13.1 The offerer shall furnish as a part of his offer, Earnest Money as of Rs.90 lakhs stated

in Information to Offerers in Volume I, Section- 3A of the tender document.





13.2 The Earnest Money to be furnished shall be in the form of Bank Guarantee in favour

of “Hooghly River Bridge Commissioners” from a Nationalized Bank or Scheduled Bank in India to be acceptable to the Employer. The format of the Bank Guarantee shall be in accordance with the form of earnest money included in Volume - I, Section-3E of the Tender Document. Other formats may be permitted, subject to the prior approval of the Employer.

13.3 Any offer not accompanied by the Earnest Money shall be summarily rejected. The earnest money of a joint venture must be in the name of the joint venture submitting the offer.

13.4 In the event of his offer being accepted, subject to provisions of the sub clause below,

the earnest money shall be refunded to the contractor within one month of depositing the first upfront payment along with BG of bid price for balance four years valid for 63 months (provided there is no claim of the HRBC against the Contractor) after a specific written request is received from the contractor.

13.5 In the event of offer being not accepted, the amount of the earnest money deposited

by the offerer shall be refunded to him as promptly as possible after signing of contract agreement with the selected agency. The earnest money of all unsuccessful offerers will be refunded without any interest and on specific written request from the offerers.

13.6 If after submission of the offer, the offerer withdraws his offer or modifies the same

or if after acceptance of his offer fails to furnish the first upfront payment along with BG for balance four years within the stipulated time, without prejudice to any rights and powers of the Employer hereunder or in law, the Employer shall be entitled to forfeit the full amount of earnest money deposited by the offerer.

14.0 FORMAT AND SIGNING OF OFFER

14.1 The offerer shall prepare the Offer documents comprising the offer as described in Clause 10.0 of these Instructions to Offerers, bound with the volume containing the Form of Offer.

14.2 The offer shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign on behalf of the bidder, pursuant to Sub-clauses 3.5. All pages of the tender document shall be initiated by the person or persons signing the offer.

14.3 The offer shall contain no alterations, omissions or additions, except those to comply with instructions issued by the Employer, or as necessary to correct errors made by the offerer, in which case such corrections shall be initialed by the person or persons signing the offer.

15.0 Deleted





D. SUBMISSION OF OFFER 16.0 THE OFFER SUBMISSION 16.1 For submission, evaluation and selection of the Agency a “Single Stage”

process will be adopted. The proposal should be submitted in two parts in two separate sealed envelopes. These two sealed envelops shall be put together in one single outer sealed envelope. The two parts of the proposal are

1) Part-1 : Technical proposal

2) Part-2 : Financial proposal

16.2 The bidder shall seal and mark each of the two envelopes i.e., Envelope-1: Part 1 of the proposal - Technical proposal, Envelope-2: Part 2 of the proposal - Financial proposal. These two sealed and marked envelopes along with the separate sealed envelope containing earnest money shall be put together in one single outer envelope which also shall be sealed. The earnest money will be a part of technical proposal.

16.3 The sealed envelope shall

(a) be addressed to: Director (Pl. & Dn.)

Hooghly River Bridge Commissioners, HRBC Bhawan, 3rd Floor, Munshi Prem Chand Sarani (St. George’s Gate Road), Kolkata 700 021

(b) bear the following identification:

i) Name of Work, viz ;“Collection of toll at Vidyasagar Setu, Kolkata including handling, operation, maintenance, renewing and renovation, upgrading of existing electronically operated Toll Collection system as per requirement” on the left hand top corner.

ii) Name and Address of the offerer along with Telephone no, Mobile no, Fax no and Email address and the name of authorized agent delivering the sealed cover containing the offer, on the bottom left hand corner.

16.4 If the envelope is not properly sealed and marked as above, the Employer will

assume no responsibility for the misplacement or premature opening of offer and all consequences shall rest on the offerer including rejection of the offer.

16.5 Submission of Tender Documents will not be entertained by post or courier

services. The submitted documents will be treated as confidential and will not be returned.





16.6 The person or persons signing the offer shall state in what capacity, he is or they are signing the offer, viz., as a sole proprietor of firm or as a Secretary/Manager/Director etc. of a limited company. In the case of partnership firm, the name of all the partners should be disclosed and the offer shall be signed by all the partners or in the event of absence of any partner, it will be signed on his behalf by a person holding a power of attorney authorizing him to do so and an attested copy of the Partnership Deed/Power of Attorney shall be furnished along with offer. In case of a limited company, the names of all the Directors should be mentioned and offer shall be accompanied by a certificate certifying that the person signing the offer of empowered by a resolution of the Board of Director to do so on behalf of the company and certified copy of resolution along with a copy of Memorandum and Articles of Association of the Company shall be furnished for the joint ventures also.

16.7 The offerer shall quote his offer at the appropriate place in Volume – I: Section 3B in the Form of Offer. He shall not quote his offer anywhere directly or indirectly in envelope no. 1.

16.8 Contents of envelops are detailed hereunder:

Note: Both Envelope-1 and Envelope-2 along with the separate sealed envelope containing earnest money shall be put together in one single outer envelope.

Envelope-1 Part-1

Proposal Volume- IV

TECHNICAL PROPOSAL Technical Proposal (to be furnished by Offerer in hard copy as well as in soft copy). Other documents as per sub clause 16.9.1 hereafter.

Separate sealed envelope containing earnest money & cost of tender document

Part-1

Proposal

i) Bank Guarantee for Earnest money. ii) Bank Draft for cost of tender document.

Envelope-2 Part-2 Proposal

Volume - I

FINANCIAL PROPOSAL Section 1 Invitation for Offers NIP & Corrigenda Section 2 Instructions to Offerers Section 3 Section 3A Information to Offerer Section 3B Form of Offer Section 3C Form of Agreement Section 3D Form of Letter of Acceptance (LOA)Section 3E Form of Bank Guarantee for

depositing Earnest Money Section 3F Form of BG for Balance Four Years Section 3G Notification for Present Toll Rates Section 3H Traffic Data in the year 2002. Section 3I Traffic Data in the year 2008.

Volume - II Terms and Conditions of Contract

Volume - III Contract Drawings





16.9 CONTENTS OF PROPOSALS 16.9.1 Part 1: Technical Proposal (Volume – IV) 16.9.1.1 Inventory of equipments installed for operation and management of Electronic Toll

Collection System at Vidyasagar Setu Toll Plaza are listed below :

TABLE – 1

INVENTORY STATUS REPORT FOR PLAZA OR SERVER ROOM (AS ON 08/01/2011)

Plaza Server with

Keyboard, Mouse & Monitor

Reporting Computer UPS Laser

Printer Ethernet Switch

Plaza-1 2 2 4 1 5 Total Nos. 2 2 4 1 5

TABLE – 2

INVENTORY STATUS REPORT FOR POINT OF SALES OF SMART CARD (AS ON 08/01/2011)

POS Computer with

Keyboard, Mouse & Monitor

Receipt Printer UPS Smart Card

Reader

POS-1 1 1 1 1 Total Nos. 1 1 1 1

Note:

1. Networking status is ok for all the Lanes 2. Toll Management Software running status is OK 3. Servers & Point of Sale computer are IBM Make and purchased

between Dec’2005 to Feb’2006 Expected life of the system is 10 years from the time of purchase. 4. Installation date of the system is between 01/03/2006 to 31/03/2006

COLLECTION OF TOLL AT VIDYASAGAR SETU Vol. I – Section - 2


Tenderer’s Signature and Stamp 10

TABLE – 3

INVENTORY STATUS REPORT FOR 28 LANES (AS ON 08/01/2011)

Lane Lane Description

Lane Computer with Monitor, Keyboard &

Mouse

Change over

Switch

Lane interface

Unit

Treadle Dynax

Magnetic Loop OHLS Traffic

Light Fare

Display Barrier

Gate

Post Audit Web

Camera

Smart Card

Reader

Receipt Printer ETC Stabilizer UPS Isolation

TransformerISO BAR

Howrah to Kolkata

N1 Normal & Reversible

1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1


1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1


1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1

N4 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 N5-A Bike Lane 1 1 0 1 1 1 1 1 1 1 1 1 1 1 1 N5-B Bike Lane 1 1 0 1 1 1 1 1 1 1 1 1 1 1 1 N6 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 N7 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1

N8 ETC & VIP Lane

1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 1 1 1 1 1 1 1 1 1 1 1 1

N9 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1

Kolkata to Howrah

S1 Normal & Reversible

1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1


1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1


1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1

S4 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 S5-A Bike Lane 1 1 0 1 1 1 1 1 1 1 1 1 1 1 1 S5-B Bike Lane 1 1 0 1 1 1 1 1 1 1 1 1 1 1 1 S6 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 S7 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1

S8 ETC & Normal 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 1 1 1 1 1 1 1 1 1 1 1 1

S9 VIP Lane 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1

Total Nos. 28 6 28 44 28 28 28 28 28 28 28 28 0 28 28 28 28

This arrangement of vehicular movement has been made as per the instruction of the concerned authority of HRBC & Police.

Note:

1. All Lane Computer are IBM Make and purchased between Dec’2005 to Feb’2006. 2. LIU, OHLS, Traffic Light, Smart Card Reader, Fare Display, ISOBAR and Barrier Gate supplied by IRD South Asia Pvt. Ltd. 3. Expected life of the system 10 years from the time of purchase. 4. Installation date of the system is between 01/03/2006 to 31/03/2006.





TABLE – 4

INVENTORY STATUS REPORT FOR CCTV (AS ON 08/01/2011)

Lane Day/Night Camera Front Side

Dome Camera for Driver Face

DVR 16 Channel With LCD TV

N1 1 1 N2 1 1 N3 1 1 N4 1 1 N5 1 1 N6 1 1 N7 1 1 N8 1 1 N9 1 1 S1 1 1 S2 1 1 S3 1 1 S4 1 1 S5 1 1 S6 1 1 S7 1 1 S8 1 1 S9 1 1

Control Room 2 Total Nos. 18 18 2

Note: 1. CCTV installed between 01/06/2008 to 15/06/2008 2. All Camera make Samsung 3. Manufacturer’s name of the DVR is Dahua, China.

16.9.1.2 In the Technical Proposal, the Contractor shall state his plan on the following

issues:

1) Taking over the entire property of toll plaza including existing electronic and other installed equipments as per above list from the present toll collecting agency.

2) After taking over the existing system in running status, additional equipments for

renovation or up-gradation may be provided by the selected agency at his own cost, subsequently for smooth and efficient operation of Toll Plaza as per need.

While submitting technical proposal, the offers may submit only conceptual plan for renovation and up-gradation with additional equipments etc.

3) Upkeep and maintenance of toll plaza building, toll lanes, signages, lane marking,

glow signs, lighting of the area and toll plaza building, maintenance of the road area about 200 mtr. on either side of toll plaza, water supply, sanitation and any other allied works. The road area shall include median, footpath, adjoining parapet wall, railing, drainage, gully pits etc. and also pavement of the carriageway.





4) Management of administrative office and toll collector’s office and operation of electronic toll collection system engaging technical, administrative and field level personnel round the clock.

5) Traffic management without causing any disruption, congestion and waiting of

traffic. 6) Security arrangement in and around the toll plaza. 7) Disaster management in case of accidents, fire, local conditions etc. 8) Provision of Trauma ambulance and Break-down Van (Wrecker) of approved

capacity for 24 hours x 365 days. 9) Dealing with the passengers, drivers and other users etc. and maintaining contacts

with HRBC office, local Police Stations and as well as local administration. 10) Arrangement of stand-by generator of adequate capacity for uninterrupted supply of

electrical power. 16.9.2 Part 2: Financial Proposal (a) The financial proposal shall contain:-

(i) The financial offer which is to be quoted in Form of Offer (Vol I: Sec 3B) of

the tender document.

(ii) The bound book of Tender Document containing Vol. - I, Vol. – II and Vol. - III issued by HRBC and duly signed by the authorized signatory of the offerer in all pages conforming to provision of tender conditions.

17.0 PLACE OF SUBMISSION: The offer shall be submitted at the address as stated in

Information to Offerers in Volume – I : Section 3A of the Tender document. No offer will be accepted if submitted in any other office or receiving section of HRBC.

18.0 DATE AND TIME OF SUBMISSION OF OFFER: The offer shall be submitted

by the offerer at the date and time and at the address as stated in Information to Offerers in Volume – I : Section 3A of the Tender document.

The Director (Pl & Dn), HRBC may at its discretion, extend the deadline for submission of offer by issuing an addendum in accordance with clause 8.0 in which case, all rights and obligations of the Employer and offerers previously subjected to the original dead line shall be subjected to the new dead line.





19.0 LATE OFFERS: Tender documents delivered after the dead line for submission is over shall either not be received or if inadvertently received shall not be opened and shall be returned unopened to the offerer. The time in the clock of the Director (Pl. & Dn.), HRBC’s chamber receiving the tender document shall be considered as

standard time. 20.0 MODIFICATION AND WITHDRAWAL: If after submission of the offer the

offerer withdraws his offer or unilaterally modifies the same during its validity, without prejudice to any other rights and power of the Employer hereunder or in law, the full amount of the Earnest Money deposited by offerer shall be forfeited.

E. OFFER OPENING AND EVALUATION

21.0 OFFER OPENING: All offers shall be opened as per the procedure given in para

below, in the presence of the offerers / their authorized representatives who choose to remain present at the date and time and at the address as stated in Information to Offerers in Volume I, Section- 3A of the tender document.

21.1 All information about number of offers received shall be announced for information

to all those present. 21.2 The outer envelope containing envelope no. 1 & 2 as well as the sealed envelope

containing earnest money and cost of tender document of all the offers received shall be opened first and envelope no.1 and 2 of all the offers shall be marked with serial numbers accordingly.

Envelopes marked “WITHDRAWAL”, if therebe any, shall be opened and read out at first. Offers for which an acceptable notice of withdrawal has been submitted shall not be opened.

21.3 For each offerer, the envelope containing earnest money shall be opened first and its

details will be declared to the representatives of the offerers. If the same is found in order, then the envelope no. 1 containing Technical Proposal will be opened and to be noted by the representatives of the offerers. Prima facie, if any requisite particular is found to be missing, a note to that effect shall be recorded by the authorized officer. Other documents of envelope no.1 will be evaluated by HRBC/Commissioners subsequently.

21.4 Envelope no. 2 of the offerers who score qualifying marks in the technical

evaluation in terms of sub-clause 27.1 of Instructions to Offerers in Volume I, Section - 2 , would then be opened and evaluated. The date and time of opening of Financial Proposal in Envelope no. 2 is given in Information to Offerers, in Vol. I, Section 3A of the tender documents.





22.0 PROCESS TO BE CONFIDENTIAL: After opening of the offers, no information relating to the examination, clarification, evaluation and comparison of offers shall be disclosed to the offerers or other persons.

Any effort by an offerer to exert unfair influence in process of examination, clarification, evaluation and comparison of offers and to influence decision concerning award of contract shall result in rejection of his offer.

23.0 CLARIFICATION OF OFFER: To assist in examination and evaluation of offers, the

Employer may ask the offerer individually for clarification of their offer including breakup of costs, reasons in case of very high/ very low offer etc. The request and the response thereof shall be in writing.

24.0 Deleted 25.0 OFFER LIABLE FOR REJECTION: The offer is likely to be rejected if on

opening it is found that any of the following cases has been detected in the tender document :

a) The offerer has not strictly followed the procedure laid down for submission of offer. b) The offerer has proposed additional conditions. c) Additions, corrections or alterations are made to the printed/stipulated matters by the

offerer on any page of the offer document. d) Any page and/or paginated slips are missing. e) The offerer has not signed the offer. f) The offerer has made misleading or false representations in any of the forms,

statements and attachments submitted in proof of the qualification requirements, and /or a record of poor performance such as abandoning the toll collection work, not properly completing contracts, inordinate delay in payment of installments, litigation history or financial failure, etc.

g) The offerer has not submitted the addendum as stated in clause 8.0. h) The offerer has not made technical presentation.

26.0 CORRECTION OF ERRORS: If there is any discrepancy between the offer quoted in

figures and in words, the offer in words will be treated as offer.

27.0 EVALUATION AND COMPARISON OF OFFERS

27.1 Before evaluation of technical proposal it will be examined that the offer is accompanied with required earnest money and any other prerequisite documentation. Tenders lacking acceptable submission of documents will be rejected without further examination.

All pages of technical submission shall be signed, dated and stamped by authorized signatory of the Tenderer/Offerer.

Evaluation of Technical Proposal will be based on the following items of submission which the tenderer shall provide in sufficient detail to convince the Evaluation authority about their managerial and technical resources to execute the work efficiently consisting of handling, operation, management, maintenance, renewal & renovation, upgrading of existing electronically operated Toll Collection system for the entire contract period. For the purpose of evaluation the items of submission are assigned with marks shown against each of them. The firm should score minimum 75 marks for qualifying in the next stage for opening of financial proposal subject to complying with the other requirements stipulated in the tender.





LIST OF MARKS

Sl. No. Items Marks

1. a) Taking over the entire property of toll plaza including existing electronic and other installed equipments as per above list from the present toll collecting agency.

17

b) After taking over the existing system in running status, additional equipments for renovation or up-gradation may be provided by the selected agency at his own cost, subsequently for smooth and efficient operation of Toll Plaza as per need.

While submitting technical proposal, the offers may submit only conceptual plan for renovation and up-gradation with additional equipments etc.

2. Upkeep and maintenance of toll plaza building, toll lanes, signages, lane marking, glow signs, lighting of the area and toll plaza building, maintenance of the road area about 200 mtr. on either side of toll plaza, water supply, sanitation and any other allied works. The road area shall include median, footpath, adjoining parapet wall, railing, drainage, gully pits etc. and also pavement of the carriageway.

20

3. Management of administrative office and toll collector’s office and operation of electronic toll collection system engaging technical, administrative and field level personnel round the clock.

25

4. a) Traffic management without causing any disruption, congestion and waiting of traffic. 20 b) Security arrangement in and around the toll plaza.

5. a) Disaster management in case of accidents, fire, local conditions etc.

18

b) Provision of Trauma ambulance and Break-down Van (Wrecker) of approved capacity for 24 hours x 365 days.

c) Dealing with the passengers, drivers and other users etc. and maintaining contracts with HRBC office, local Police Stations and as well as local administration.

d) Arrangement of stand-by generator of adequate capacity for uninterrupted supply of electrical power.

Total = 100

After evaluation of technical proposal if a tenderer fails to score minimum qualifying marks, his financial proposal will not be considered and opened. The same shall be returned to the Tenderer unopened in due course.

27.2 For evaluation of Part 2 proposal containing Financial proposal, comparison of offers

submitted by the offerers, who have qualified after evaluation of Technical proposal, shall be made. The highest offer will be accepted for final selection of the offerer after obtaining formal approval from the HRBC Board / State Government.





F. AWARD CRITERIA 28.0 AWARD CRITERIA: Subject to clause 27.0, the Employer shall award the contract to the offerer whose offer has been found to satisfy all the requirements of the tender document and who has offered the highest offer which is most beneficial to the Employer subject to the approval of the appropriate authority.

29.0 EMPLOYER’S RIGHT TO ACCEPT ANY OFFER AND TO REJECT ANY OR ALL OFFERS: Notwithstanding clause 28.0, the Employer reserves the right to accept or reject any offer and to annual or suspend the offer process and reject all the offers, without assigning any reason, at any time prior to award of contract without being liable to pay any cost or compensation to the offerers.

30.0 NOTIFICATION OF AWARD: 30.1 ISSUE OF (LOI) LETTER OF INTENT: Prior to the expiration of offer validity

period or any such extended validity period, the Employer shall notify the successful offerer in writing that his offer has been accepted. This letter (therein after and in conditions of contract called “Letter of Intent”) shall be issued to the successful offerer to furnish the upfront payment of the first year’s bid price plus Tax Collection at Source (T.C.S.) as applicable and Bank Guarantee for balance four years bid price valid for 63 months within 15 days of the date of issue of LOI.

30.2 SIGNING OF AGGREMENT:

At the same time the Employer will send the successful offerer the Form of Agreement provided in the tender documents to fill up in the appropriate manner for submission to the Employer.

Within seven days of receipt of the Form of Agreement, the successful offerer shall sign the Form and return it to the Employer.

30.3 ANNULMENT OF AWARD: Failure of the successful offerer to comply with the requirements of Clauses 30.1 or

30.2 shall constitute sufficient grounds for the annulment of the award and forfeiture of the earnest money.

31.0 ISSUE OF (LOA) LETTER OF ACCEPTANCE: After fulfillment of criteria as

specified in LOI and signing of the agreement, the Employer shall issue the Letter of Acceptance. The LOA shall be the authority for the contractor to take over the entire property in connection with Toll Plaza at Vidyasagar Setu as well as to collect toll collection including maintenance, upgradation etc. Period of handing over and taking over of Toll Plaza with all allied equipments and date of commencement of toll collection shall be mentioned in that LOA.

Signature of Contractor

Vol. I - SECTION 3


OPERATED TOLL COLLECTION SYSTEM AS PER REQUIREMENT

Vol. I – Section – 3


VOL. I - SECTION 3 : SECTION 3A INFORMATION TO OFFERERS

SECTION 3B FORM OF OFFER SECTION 3C FORM OF AGREEMENT SECTION 3D FORM OF LETTER OF ACCEPTANCE (LOA) SECTION 3E FORM OF BANK GUARANTEE FOR DEPOSITING EARNEST MONEY SECTION 3F FORM OF BG FOR BALANCE FOUR YEARS SECTION 3G NOTIFICATION FOR PRESENT TOLL RATES SECTION 3H TRAFFIC DATA IN THE YEAR 2002. SECTION 3I TRAFFIC DATA IN THE YEAR 2008.





Vol. I - Section 3A. INFORMATION TO OFFERERS

1) NAME OF THE WORK : Collection of toll at Vidyasagar Setu, Kolkata including handling, operation, maintenance, renewing and renovation, upgrading of existing electronically operated Toll Collection system as per requirement.

2) AUTHORIZED REPRESENTATIVE OF HRBC

: Director (Pl. & Dn.) Hooghly River Bridge Commissioners, Munshi Prem Chand Sarani, Kolkata – 700 021.

3) CONTRACT PERIOD : Collection of toll for 60 months from the date of order of commencement of toll collection.

4) RESERVE PRICE : Reserve price per year shall be Rs. 45.0 Crores for each year of five years’ period of contract.

5) BANKS ACCEPTABLE TO HRBC : Drawn on Nationalized Bank & Scheduled Bank of India.

6) DATE OF UPLOADING OF OFFER DOCUMENTS

: From 03.05.2012 onwards in HRBC website i.e. http://www.hrbc.in

7) DATE, TIME AND PLACE OF SUBMISSION OF OFFER

: On 18.05.2012 upto 2.00 p.m. at the tender box situated in the chamber of Director (Pl. & Dn.) HRBC at Munshi Prem Chand Sarani, Kolkata – 700 021.

8) DATE, TIME AND PLACE OF OPENING OF TECHNICAL PROPOSAL (Envelope No. 1) AND SEPARATE SEALED ENVELOPE CONTAINING EARNEST MONEY

: On 18.05.2012 at 3.00 pm in the chamber of Director (Pl. & Dn.), at Munshi Prem Chand Sarani, Kolkata – 700 021.

9) DATE, TIME AND PLACE OF OPENING OF FINANCIAL PROPOSAL (Envelope No. 2) OF THE ELIGIBLE OFFERERS

: 25.05.2012 at 3.00 P.M. in the chamber of Director (Pl. & Dn.), HRBC at Munshi Prem Chand Sarani, Kolkata – 700021.

10) EARNEST MONEY DEPOSIT : Rs.90,00,000/- in the form of Bank Guarantee in favour of Hooghly River Bridge Commissioners, on Banks acceptable to HRBC (Refer in Sl. 5) as in Sub Cl. 13.2 in Instructions to Offerers. Vol.1 Sec.2





11) MODE OF PAYMENT OF

INSTALLMENT (ANNUAL) : The lump sum offer along with Tax

Collection at Source (T.C.S) as applicable for entire five years shall be deposited for first installment as 1/5th of the total accepted bid price and subsequent installments at the rate of 1/5th of the total accepted bid price to be paid for each year. Along with the payment of first installment, Bank Guarantee against payment of installments for the balance four years valid for 63 months shall be deposited.

12) INSTALLMENT DETAILS AS ACCEPTED

:

12) A)

1ST INSTALLMENT OF THE FIRST YEAR BEING 1/5TH OF THE TOTAL ACCEPTED BID PRICE PLUS TAX COLLECTION AT SOURCE (T.C.S.)

: To be paid within 15 days from the date of issue of LOI in the form of Demand Draft in favour of “Hooghly River Bridge Commissioners” drawn on any Nationalized or Scheduled Bank of India payable in Kolkata. Along with the above payment, Bank Guarantee for payment in respect of balance four years shall be deposited as in SL (13) above.

12) B)

2ND INSTALLMENT OF THE 2ND YEAR BEING 1/5TH OF THE TOTAL ACCEPTED BID PRICE PLUS T.C.S.

: To be paid at least 15 days’ prior to the expiry of twelve months from the date of commencement of Toll Collection, in the form of Demand Draft in favour of “Hooghly River Bridge Commissioners” drawn on any Nationalized or Scheduled Bank of India payable in Kolkata.

RELEASE OF B.G. : BG of equivalent amount of installment payment shall be released on acceptance of the installments payments.

12) C)

3RD INSTALLMENT OF THE 3RD YEAR BEING 1/5TH OF THE ACCEPTED TOTAL BID PRICE PLUS T.C.S.

: To be paid at least 15 days’ prior to the expiry of twenty four months from the date of commencement of Toll Collection, in the form of Demand Draft in favour of “Hooghly River Bridge Commissioners” drawn on any Nationalized or Scheduled Bank of India payable in Kolkata.






12) D)

4TH INSTALLMENT OF THE 4TH YEAR BEING 1/5TH OF THE ACCEPTED TOTAL BID PRICE PLUS T.C.S.

: To be paid at least 15 days’ prior to the expiry of thirty six months from the date of commencement of Toll Collection, in the form of Demand Draft in favour of “Hooghly River Bridge Commissioners” drawn on any Nationalized or Scheduled Bank of India payable in Kolkata.


12) E)

5TH INSTALLMENT OF THE 5TH YEAR BEING 1/5TH OF THE ACCEPTED TOTAL BID PRICE PLUS T.C.S.

: To be paid at least 15 days’ prior to the expiry of forty eight months from the date of commencement of Toll Collection, in the form of Demand Draft in favour of “Hooghly River Bridge Commissioners” drawn on any Nationalized or Scheduled Bank of India payable in Kolkata.


NOTES:

1) In case of Holiday on the Date of Payment of installment, next working day shall be treated as Day of Payment.

2) The installment shall be round in Figure of Thousand. Below Rs.501/- shall be

treated as next lower thousand and Rs.501/- and above shall be treated as next higher thousand. If any fraction remains to be paid or is over paid, the same shall be adjusted in the last installment.

3) The year shall mean Three Hundred Sixty Five Days / Three Hundred Sixty Six

Days the First Day being the Day of Starting toll collection work by the Contractor 00 hrs. (mid-night).

4) In the Bank Guarantees for (1) Earnest Money and (2) Payment of installments for the balance four years valid for 63 months, the designation, postal address, telephone and mobile no., fax no. and E-mail ID of the designated Bank Officers shall be stated to whom the Employer will serve written demand or claim for payment.





Vol. I Section 3B. FORM OF OFFER

Name of work: Collection of toll at Vidyasagar Setu, Kolkata including handling, operation, maintenance, renewing and renovation, upgrading of existing electronically operated Toll Collection system as per requirement.

To,

The Vice Chairman, Hooghly River Bridge Commissioners, Munshi Prem Chand Sarani, (St George’s Gate Road), Kolkata – 700 021 West Bengal, India

Sir,

Pursuant to invitation to offer bearing No. …………………………………………..

dt. ………………….. issued by Director (Pl & Dn), HRBC, I/We hereby submit my/our offer

for being appointed as your Contractor for a period of 60 months from the date of

commencement of Toll Collection for collection of toll at Vidyasagar Setu Toll Plaza at

approved rates on all specified vehicles and trailers etc. drawn by such vehicles excluding

vehicles holding free smart cards issued by HRBC/State Govt. passing through the Toll

Plaza.

We offer a sum of Rs. …………………….. (Rupees …………………………………

……………………………….. only) by way of our total bid price as lump sum for the entire

contract period of 60 (sixty) months making a lump sum upfront payment of 1st year’s

installment amounting to Rs. ………………………… (Rupees ………………………………

…………………………… only) being 1/5th of total lump sum offer in the form of Demand

Draft as stated in the tender document along with Bank Guarantee towards payment of

installments for the balance four years, being 4/5th of the total bid price valid for 63 months.

I/We also agree to pay Tax Collection at Source (T.C.S.) as applicable on the sum

offered separately for each year along with the upfront payment and subsequent annual

installments.





I/we agree to keep my/our this offer open for acceptance by the Employer upto 120

days after the last date of submission of offer and agree not to revoke our offer at any time

during such period.

As required by the terms and conditions of offer, I/we enclose herewith the Earnest

Money in a separate sealed envelope for Rs.90,00,000/- (Rupees ninety lakhs only) in the

form of Bank Guarantee as detailed below:

Sl. No. B.G. No. Drawn on Bank Payable

at Date of

issue Date of

maturity Amount

Dated this …………… day of ………………………… 20……

Signature………………………………… in the capacity of ………………………………….

………………………….. duly authorized to sign offers for and on behalf of ………………

……………………………………………………………………………………. .

(in block letters or typed)

Address: …………………………………………………………

………………………………………………………….

Witness: ………………………………………………………….

Address: …………………………………………………………..

Occupation: ………………………………………………………….





Vol. I Section 3C. Form of Agreement

FORM OF AGREEMENT

AGREEMENT

Name of work: Collection of toll at Vidyasagar Setu, Kolkata including handling, operation, maintenance, renewing and renovation, upgrading of existing electronically operated Toll Collection system as per requirement.

This Agreement made on this _____________ day of _______________________ the year Two thousand and ____________________ at KOLKATA between The Vice Chairman, Hooghly River Bridge Commissioners, A Government of West Bengal enterprises, having its registered office at Munshi Prem Chand Sarani, Kolkata – 700 021 hereinafter referred to as “Employer” which expression shall unless the context does not admit or requires otherwise shall mean and include the said Employer or his successors or assigns of the ONE PART.

AND

(Name of Contractor/Firm/Company) hereinafter referred to as “the CONTRACTOR” which expression shall, unless the context does not admit or requires otherwise shall mean and include it, him or them or his/their respective heirs, successors, administrators or assigns of the OTHER PART. AND WHEREAS under the provisions of the Hooghly River Bridge Act, 1969 the Government of West Bengal has authorized the HRBC to collect the toll levied at the Toll Plaza at Vidyasagar Setu between Kolkata and Howrah AND WHEREAS the HRBC has decided to collect the toll through the contractor appointed by the HRBC and to authorize such contractor or through their servants to collect the toll under the said Act. AND WHEREAS with a view to select and appoint suitable contractor to collect toll levied at the above said Toll Plaza at Vidyasagar Setu between Kolkata and Howrah the HRBC and invited offers. AND WHEREAS the offer made by the contractor for collection of toll at the said Toll Plaza at Vidyasagar Setu between Kolkata and Howrah for a period of sixty months to be reckoned from the date of commencement of toll collection as will be mentioned in the LOA to be issued by the Employer to collect the toll at the said toll plaza on terms and conditions hereinafter referred to. AND WHEREAS it has been agreed that the Contractor shall deposit through Demand Draft a sum of Rs……………………… for collection of toll charges as the first installment plus T.C.S. as applicable and pay @ Rs……………………… at an interval of 12 months and has also agreed to furnish an unconditional and irrevocable Bank Guarantee of Rs. …………………….. valid for 63 months from the date of commencement of toll collection and the above said sums as will be deposited by the Contractor will not carry any interest.

AND WHEREAS the Contractor has generally undertaken to abide by all the terms, conditions, directions and suggestions as contained in the tender document.





NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

IN CONSIDERATION of the promises and the stipulated payments to be made to HRBC of the one part doth hereby appoint the contractor of the other part, the contractor doth hereby agree to act as an contractor of the HRBC of the One part to collect the toll on the vehicles, specified separately and trailers drawn by such vehicles excluding vehicles holding free Smart Cards issued by HRBC/State Government passing over or through the said Toll Plaza for a period of 60 months. In furtherance the Employer of the One part has handed over the project site along with such kiosks and other constructed structures necessary to make proper implementation of the toll collection scheme. The contractor is thus entitled and empowered on specific authorization on fulfillment of the terms of payment to HRBC to collect the toll from all the specified vehicles and trailers drawn by such vehicles excluding vehicles holding free Smart Cards issued by HRBC/State Government seeking entry or exist through the toll site at the rates prescribed in this behalf by HRBC or as may be specified by the Government of West Bengal from time to time. The contractor has expressly agreed that 1. The offer, the terms and conditions of offer and contract, the letter of acceptance and

any other document forming part of the contract and each and every part thereof shall be binding upon the contractor and shall govern the relationship between the contractor and the Employer. If any inconsistency occurs between the express provision of this contract and other stipulations elsewhere, the contract provision shall prevail. It is further agreed that if there is inconsistency in the meaning of two similar stipulations, the same shall be resolved by referring the point to the Vice Chairman whose decision will prevail and govern the relationship.

2. The contractor hereby expressly agrees that other terms and conditions in particular

about the procedure or the manner of performance of the agreement and such other aspects not specifically provided in the contract document shall be regulated by clear written instructions issued by the Employer or his authorized officer in this behalf.

3. It is stipulated that in case the installments are not paid or remitted, within the time

prescribed by the Employer and remain unpaid for 7 days after the notice of nonpayment or neglect in making full payment, the arrears shall carry interest at the rate of 15% per annum covering the actual period of nonpayment or recovery as the case may be. Such interest shall be included in the sums recoverable from the contractor.





IN WITNESS WHEREOF The Vice Chairman, HOOGHLY RIVER BRIDGE COMMISSIONERS, KOLKATA at the party of the ONE PART has set their seal and signature. AND the contractor above named i.e. the party of the OTHER PART has respectively set his/ their hand/s and/or common seal hereto on the day and year first hereinabove written. SIGNED, SEALED AND DELIVERED By Shri ____________________ Vice Chairman, HOOGHLY RIVER BRIDGE COMMISSIONERS The part of the ONE PART in the presence of: 1. Shri _____________________________ Signature 2. Shri _____________________________

F. SIGNED, SEALED AND DELIVERED By Shri ________________________ i.e. the Part of the OTHER PART in the presence of: 1. Shri _____________________________ Signature 2. Shri ______________________________






Vol. I Section 3D. FORM OF L.O.A.

FORM OF LETTER OF ACCEPTANCE From: Sri S. R. Banerjee Vice-Chairman HRBC

To: …………………….

……………………. No. HRBC/........................................ Date: …………………. Sub: Letter of Acceptance of your offer for “Collection of toll at Vidyasagar Setu,

Kolkata including handling, operation, maintenance, renewing and renovation, upgrading of existing electronically operated Toll Collection system as per requirement”.

Ref: Dear Sir,

This is to inform you that your above mentioned offer for appointment as contractor

for the work of collection of toll at approved rates on all specified vehicles and trailers drawn

by such vehicles passing over the Vidyasagar Setu for a period of 60 months from the date of

commencement of toll collection, has been accepted by me on the terms and conditions of

contract forming part of the offer document submitted by you, for Rs. ………………………..

(Rupees ………………………………………………………………………… only) which is

your lump sum offer for entire 5 (five) years period of contract plus T.C.S. as applicable

You are now authorized to take over the entire property of Toll Plaza excluding one

room and one toilet at the first floor as in Sub-Clause 16.9.1.2 in Instructions to Offerers, but

including all electronics and other equipments, already installed as indicated in the list as in

Sub-Clause 16.9.1.1 in Instructions to Offerers commencing from ………………... (date) and

completing by ………………............ (date) and then commence toll collection with your

men and other supports from ………………......... (date) at 00 hrs. (midnight).

Thanking you, Yours faithfully, ( S. R. Banerjee )





Vol. I Section 3E: FORM OF BANK GUARANTEE FOR DEPOSITING EARNEST MONEY

WHEREAS, (name of offerer) ___________________________________________________________________ _____________________________________________________________________________________________ (hereinafter called "the Offerer") has submitted his offer dated (date) _______________________ for the execution of Construction of ____________________________________ (hereinafter called "the Offer"). KNOW ALL PEOPLE by these present that we (name of Bank) _________________________________________ _________ of registered office at __________________________________________ (hereinafter called "the Bank") are bound unto ____________________________________________________ (hereinafter called "the Employer") in the sum of _______________________________________ for which payment well and truly to be made to the said Employer, the Bank binds himself, his successors, and assigns by these presents. SEALED with the Common Seal of the said Bank this __________________________________ day of _________ _________________ 20 ____ .

THE CONDITIONS of this obligation are:-

(1) if the Offerer withdraws his offer during the period of offer validity specified in the Instructions to Offerers; or

(2) if the Offerer refuses to accept the correction of errors in his offer; or (3) if the Offerer, having been notified of the acceptance of his offer by the Employer during the period of

offer validity fails or refuses to execute the Form of Agreement in accordance with the Instructions to Offerers, if required.

We undertake to pay to the Employer up to the above amount upon receipt of his first written demand, without the Employer having to substantiate his demand, provided that in his demand the Employer will note that the amount claimed by him is due to him owing to the occurrence of any or all of the above three conditions, specifying the occurred condition or conditions.

This Guarantee will remain in force up to and including the date, 28 days after the date of expiration of the Offer Validity as stated in the Instructions to Offerers, or as it may be extended by the Employer, notice of which extension(s) to the Bank is hereby waived. Any demand in respect of this Guarantee should reach the Bank not later than the above date.

SIGNATURE OF THE BANK ____________________________________________

NAME ________________________________________________________________

DESIGNATION ________________________________________________________

DATE _____________________________

SEAL _____________

SIGNATURE OF WITNESS ______________________________

NAME ________________________________________________

ADDRESS ____________________________________________

____________________________________________

____________________________________________

The offerer should insert the amount of the guarantee in words and figures. This figure should be the same as shown in Clause 13.1 of Instructions to Offerers. The attention of joint venture offerers is drawn to Clause 13.3 of the Instructions to Offerers.





Vol. I SECTION 3F - FORM OF BG FOR BALANCE FOUR YEARS

THIS AGREEMENT is made on the ………… day of ………………….., 2012. Between …………………………………., constituted under the Banking Companies Acquisition and Transfer of Undertakings Act, 1970 having its ………………………………. ………………………………………………………………………………………………….. (hereinafter called “the Guarantor”) of the one part AND Vice Chairman, Hooghly River Bridge Commissioners, Munshi Prem Chand Sarani, Kolkata – 700 021 (hereinafter called “the Employer”) of the other part. WHEREAS 1) This Agreement is supplemental to a contract (hereinafter called "the Contract") made

between …………………………………………………….......... (hereinafter called "the Contractor") of the one part and the Employer of the other part whereby the Contractor agreed and undertook to execute the works of “Collection of toll at Vidyasagar Setu, Kolkata including handling, operation, maintenance, renewing and renovation, upgrading of existing electronically operated Toll Collection system as per requirement” for the sum of Rs. …………………………… (Rupees …………………………………………………………………………. only) [amount in contract currency] being the contract price : and the contract price payable is Rs. ………………………….. each year on or before ……/06/2012, ……/06/2013, ……/06/2014, ……/06/2015 & ……/06/2016.

2) The Guarantor has agreed to guarantee the due performance of the contract in the

manner hereinafter appearing for the total sum of Rs. ……………………………… . NOW, THEREFORE, the Guarantor hereby agrees with the Employer as follows:

(a) If the Contractor (unless relieved from the performance by any clause of the Contract

by statute or by the decision of a tribunal of competent jurisdiction) shall in any respect fail to execute the contract or commit any breach of his obligation there under then the Guarantor will indemnify and pay the Employer such sum being payable in the types and proportions of currencies in which the contract price is payable, provided that the Employer or his authorized representative has notified the Guarantor to that effect and has made a claim against the Guarantor before the issue of the Successful Completion Certificate by the Employer.

(b) The Guarantor shall not be discharged or released from his guarantee by an

arrangement between the Contractor and the Employer, with or without the consent of the Guarantor, or by any alteration in the obligations undertaken by the Contractor, or by any forbearance on the part of the Contractor, whether as to the payment, time, performance, or otherwise, and any waived.





(c) Our liability under this guarantee shall be upto Rs. …………………………. and such

sum being payable in the types and proportion of the currency in which the contract price is payable.

Given under our hand on the date first mentioned above. Notwithstanding anything contained herein above, (a) This Bank Guarantee shall be valid upto ……/09/2017. (b) We are liable to pay the guarantee amount of Rs. ………………………… or part

thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or before ……./09/2017.

(c) Unless a claim or a demand in writing is made upon us on or before ……./09/2017 all

our liability under this guarantee shall cease irrespective whether the original guarantee is returned to us or not.

SIGNATURE OF THE BANK: ………………………………………

NAME: …………………………………………………..

DESIGNATION: ………………………………..

DATE: …………………………….

SEAL: …………………………

SIGNATURE OF WITNESS: …………………………………………

NAME: ……………………………………………..

ADDRESS: …………………………………………………………

…………………………………………………………

…………………………………………………………





Vol. I Section 3G: NOTIFICATION FOR PRESENT TOLL RATES FOR VIDYASAGAR SETU

PRESENT TOLL RATES FOR VIDYASAGAR SETU Currently applicable as is effective from 6 a.m. on 01.09.2008

GOVERNMENT OF WEST BENGAL

TRANSPORT DEPARTMENT WRITERS’ BUILDINGS

KOLKATA-700 001

NOTIFICATION

No. 2838-WT/11E-52/94pt-II Dated: 26.08.2008

In supersession of this department’s notification no. 6762-WT/11E-52/94 dated 31.8.2001, No. 1012-WT/11E-52/1994 dated 14.02.2008 and all other notifications in respect of toll charges on Vidyasagar Setu and exercise of the powers conferred by sub-section (1) of section 11 of the Hooghly River Bridge Act, 1969 (West Bengal Act XXXVI of 1969) (hereinafter referred to the said Act) as amended by HRBC (Amendment) Act 1992, the Governor is hereby pleased to determine the rates of tolls to be levied by the Hooghly River Bridge Commissioners in respect of the following types of vehicles passing over or through any bridge constructed under the said Act, as follows with effect from 01.09.2008 (6.00am).

Serial No. Type of vehicle Rate of Toll

(in Rs.)

1. Heavy goods truck with trailer and similar other articulated heavy goods vehicles

Rs. 110.00 for each vehicle

2. Lorry, Tractor without trailer and similar other goods vehicles Rs. 80.00 for each vehicle

3. Bus (excluding mini bus) Rs. 50.00 for each vehicle

4. Matador, Tempo Truck, Pick-up Van, Jeep-Trailer combination and similar other articulated light goods vehicles


5. Minibus and such other type of passenger vehicles Rs. 25.00 for each vehicle

6. Motorcar, taxi, jeep, station wagon, tempo auto rickshaw, 3-wheeler scooters or other auto driven light vehicles


7. Scooter, motor cycles etc. Rs. 5.00 for each vehicle

These issues in concurrence with the Finance Department vide Group ‘R’ U.O. No. 387 dated 18.8.2008.

By order of the Governor Sd/-

Addl. Chief Secretary to the Government of West Bengal

No. 2838(10)-WT/11E-52/94Pt-II dated 26.8.2008 Copy forwarded for information and necessary action to:- 1. The Vice Chairman, HRBC, Munsi Premchand Sarani, Kolkata – 700 021 2. The Commissioner of Police, Kolkata, Lalbazar, Kolkata – 700 001 3. The Chief Executive Office, KMDA, 3A, Auckland Place, Kolkata – 700 017 4. The OSD, Calcutta Improvement Trust, Howrah 5. The OSD, Howrah Improvement Trust, 19, G. T. Road (South), Howrah – 711101 6. The OSD, KMDA and Sanitation Authority, 32, B.B.D. Bag (South), Kolkata – 700 001 7. The District Magistrate, Howrah 8. The Superintendent of Police, Howrah 9. The Deputy Commissioner of Police (Traffic), Kolkata Police, Lalbazar, Kolkata – 700 001 10. The Assistant Secretary to the Government of West Bengal, Commerce & Industries Department, for

information and with a request to publish above Notification in Kolkata Gazette.

Sd/- Joint Secretary to the Government of West Bengal





Vol. I SECTION 3H – TRAFFIC DATA IN THE YEAR 2002

Table – 5

Traffic Volume by types of vehicle by direction of travel during 20.06.2002 to 26.06.2002 between 00 hrs. to 24 hrs.

Date Direction HCV CV LCV PC TW Total

20.06.2002 (Thursday)

From Kolkata To Kolkata Total

229 282 511

2566 2668 5234

1800 1801 3601

8472 9261

17733

2351 2330 4681

15418 16342 31760

21.06.2002 (Friday)


224 338 562

2419 2602 5021

1769 2075 3844

8314 8971

17285

2931 2930 5861

15657 16916 32573

22.06.2002 (Saturday)


242 267 509

2422 2282 4704

1813 1705 3518

7660 8834

16494

2362 2764 5126

14499 15852 30351

23.06.2002 (Sunday)


168 175 343

1662 1748 3410

1249 1274 2523

6714 6971

13685

1885 1878 3763

11678 12046 23724

24.06.2002 (Monday)


187 272 459

2020 2911 4931

1892 1756 3648

8155 9036

17191

2854 2981 5835

15108 16956 32064

25.06.2002 (Tuesday)


258 223 481

2346 2573 4919

1689 1988 3677

8130 9451

17581

2989 3532 6521

15412 17767 33179

26.06.2002 (Wednesday)


256 277 533

2258 2592 4850

1892 2021 3913

8378 9005

17383

2894 3160 6054

15678 17055 32733

Note: HCV : Heavy commercial vehicle, covers truck with trailer type of vehicles. CV : Commercial vehicle, covers bus, truck, oil tankers, tractor without trailer type of vehicles. LCV : Light commercial vehicle, cover mini bus, midi bus, matador, tempo, mini truck, pick up van, jeep trailer type of vehicles. PC : Private carriage type, covers all sorts of motor car, taxi, jeep, station wagon, tempo, auto rickshaw, three wheeler type of vehicles. TW : Two wheeler, covers motor cycles and scooter type of vehicles.





Vol. I SECTION 3I – TRAFFIC DATA IN THE YEAR 2008

Table – 4

Category wise Total Number of Vehicle During 19.02.2008 to 25.02.2008 on Vidyasagar Setu ( 24 hours x 7 days classified traffic volumes )

Date Direction HCV CV LCV PC TW Total

Number of

Vehicles

BUS HT MB LT

Existing Toll Rate Rs.80/- Rs.50/- Rs.50/- Rs.25/- Rs.25/- Rs.10/- Rs.5/-

19.02.2008 From Kolkata 209 1126 2142 113 2233 15466 6620 27909 To Kolkata 309 1026 3163 161 1931 15864 7291 29745 Total 518 2152 5305 274 4164 31330 13911 57654







7 days total number of vehicles = 393069 Average number of vehicles per day = 56153

COLLECTION OF TOLL AT VIDYASAGAR SETU, KOLKATA INCLUDING HANDLING, OPERATION, MAINTENANCE,

RENEWING AND RENOVATION, UPGRADING OF EXISTING ELECTRONICALLY OPERATED TOLL COLLECTION SYSTEM

AS PER REQUIREMENT

Volume II TERMS AND CONDITIONS OF CONTRACT




MAY – 2012



Vol. II - Terms and Conditions of Contract


I N D E X

TERMS AND CONDITIONS OF CONTRACT

Clause No. Description

1.0 DEFINITIONS2.0 PARTIES TO THE CONTRACT3.0 INTERPRETATION4.0 SINGULAR AND PLURAL5.0 NOTICES, CONSENTS, APPROVALS, CERTIFICATES

AND DECISIONS 6.0 OFFICER IN CHARGE7.0 ASSIGNMENT AND SUBLETTING8.0 CONTRACT DOCUMENT9.0 CONTRACTOR’S GENERAL OBLIGATIONS 10.0 PAYMENT OF LUMPSUM UPFRONT PAYMENT 11.0 CONTRACT AGREEMENT12.0 SUFFICIENCY OF OFFER13.0 UNFORESEEN PHYSICAL OBSTRUCTIONS OR

CONDITIONS 14.0 CONTRACTOR’S EMPLOYEES15.0 SAFETY, SECURITY AND PROTECTION OF

ENVIRONMENT 16.0 CARE OF HRBC’S EQUIPMENT AND PROPERTY 17.0 DAMAGE TO PROPERTY AND PERSONS18.0 INSURANCE AGAINST ACCIDENT TO WORKMEN 19.0 COMPLIANCE WITH STATUTES OR REGULATIONS 20.0 PATENT RIGHTS21.0 CONTRACTOR TO KEEP ROAD LANES CLEAR 22.0 COMMENCEMENT OF TOLL COLLECTION WORK 23.0 CONTRACT PERIOD24.0 HRBC’S RISK25.0 PROCEDURE FOR RELIEF26.0 PAYMENT27.0 RATES OF TOLL28.0 VARIATION OF TOLL RATES29.0 EXEMPTIONS AND CONCESSIONS30.0 SET OFF31.0 BRIBES AND COMMISSION32.0 TERMINATION33.0 PAYMENT UPON TERMINATION34.0 CLOSURE OF CONTRACT AT THE OPTION OF THE

CONTRACTOR 35.0 RECOVERY OF DUES36.0 ARBITRATION37.0 AUTOMIZED TOLL PLAZA38.0 AUTHORIZATION OF TOLL COLLECTION SYSTEM





TERMS AND CONDITIONS OF CONTRACT

1.0 DEFINITIONS: 1 The terms “Contractor” shall mean and include the person or persons, firm or

company who has been granted rights by the Vice Chairman (Employer), Hooghly River Bridge Commissioners (for Collection of toll at Vidyasagar Setu, Kolkata including handling, operation, maintenance, renewing and renovation, upgrading of existing electronically operated Toll Collection system as per requirement) on its behalf as specified and in the case of natural persons, him/her, his/her heirs, executors and administrators and in the case of a partnership firm, the partner or partners for the time being of the firm.

2 The term “Project” shall mean the activities as stated in the contract. 3 The term “Letter of Intent” shall mean and include the terms and conditions of

contract, Letter of Acceptance, the Agreement and mutually accepted conditions in the authorized correspondence exchanged with the Offerer by the Commissioners and any other document forming part of the contract.

4 The “Competent Officer” shall mean any officer authorized by the Employer to

act on behalf of the HRBC. 5 The term “Government” shall mean the Government of West Bengal and shall

include the Governor of West Bengal. 6 The term “Governor of West Bengal” shall mean and include his successors and

assigns. 7 The term “Commissioner” shall mean Hooghly River Bridge Commissioners

(HRBC). 8 The term “Employer” shall mean the Vice Chairman, HRBC and include his

successor and assign. 9 The term “Vice-Chairman” shall mean the Vice Chairman, HRBC and include

his successor and assign. 10 The term “Site” means the location provided by the HRBC where the

upgradation, modifications and operation for toll collection work are to be carried out.

11 The term “Toll Station” means the toll plaza canopy, kerbed lanes, approaches

toll booths nearby and administrative building along with all equipments, furniture and accessories.

12 “Lump sum specified upfront payment” means the first payment for one year

and the submission of Bank Guarantee for the remaining period of four years of the five years contract period.





2.0 PARTIES TO THE CONTRACT: The parties to the contract shall be the

offerer/bidder, whose offer is accepted by the Employer. 2.1 The persons signing the offer or any other document forming the part of contract

on behalf of other persons of a firm shall be deemed to have due authority to bind such person/s or the firm as the case may be, in all matters pertaining to the contract. If it is found that the person concerned has no such authority, the HRBC may, without prejudice to any other Civil/Criminal remedies, terminate the Contract and hold the signatory and/or the firm liable for all costs and damages for such termination.

3.0 INTERPRETATION: Words importing persons or parties shall include firms,

companies and corporations and any other organization having legal entity. 4.0 SINGULAR AND PLURAL: Words importing the singular only also include

the plural and vice versa where the context so requires. 5.0 NOTICES, CONSENTS, APPROVALS, CERTIFICATES AND

DECISIONS: Where ever in the contract provision is made for the giving or issue of any notice, consent or approval or certificate or determination by any parson, unless otherwise specified such notice, consent, approval, certificate or determination shall be in writing and the words “notify”, “certify” or “Decide” shall be construed accordingly. Any such consent, approval, certificate or determination shall not unreasonably be withheld or delayed.

5.1 Notices of any other action to be taken on behalf of the Employer may be

given/taken by the competent officer duly authorized for the purpose on its behalf.

6.0 OFFICER IN CHARGE: The Employer may appoint any person at his

discretion as officer in charge of the work and authorize him to exercise such powers on behalf of the Employer.

7.0 ASSIGNMENT AND SUBLETTING: 7.1 Subject to Clauses 7.2 of this agreement the Contractor shall not assign the

Contract save and except with prior consent in writing of Employer which consent Employer shall be entitled to decline without assigning any reason whatsoever.

7.2 Subject to Sub Clause (i) to (iii) the Contractor shall neither create nor permit to

subsist any encumbrance over or otherwise transfer or dispose of all or any of its rights and benefits under this agreement to which contractor is a party except with prior consent in writing of Employer, which consent Employer shall be entitled to decline without assigning reason whatsoever. Restraint set forth in Clauses 7.1 and 7.2 shall not apply to:





(i) Liens arising by operation of law (or by an agreement evidencing the same)

in the ordinary course of business of the toll collection work.

(ii) Assignment of rights, title and interest to or in favour of the Lenders pursuant to and in accordance with Sub-clause (i) above, for the Toll Collection work and

(iii) Liens or encumbrances required by any applicable law.

Notwithstanding anything to the contrary contained in this Agreement the Employer may assign any of its rights and benefits and/or obligations under this Agreement pursuant to any direction of Government of West Bengal or by operation of law or in the course of its own business.

8.0 CONTRACT DOCUMENT: 8.1 Language: The language of the contract is English. 8.2 Law: The contract shall be governed and construed in accordance with the law of

India. No suit or other proceedings relating to performance or breach of contract shall be filed or taken by the contractor in any Court of Law except Principal Court of Ordinary Civil Jurisdiction within Jurisdiction of Kolkata to the exclusion of any outside court.

8.3 Priority of Contract Documents: The several contract document forming the

Contract shall be taken as mutually explanatory of one another, but in case of ambiguities of discrepancies the same shall be explained and harmonized by the officer in charge who shall issue to the Contractor necessary instruction thereon and in such event unless otherwise provided in the Contract the priority of the documents forming the contract shall be as follows:

i) The Letter of Acceptance ii) The Contract Agreement iii) The Letter of Intent iv) Addenda to Tender Documents v) The offer submitted by the Contractor in the prescribed form and accepted

by the Employer. vi) Instructions to Offerers (Vol. I : Section 2) vii) Information to Offerers (Vol. I : Section 3A) viii) The terms and conditions of contract (Vol. II) ix) Invitation for offer (Vol. I : Section 1) x) Contractor’s Technical Submission (Vol. IV) xi) NIP with corrigenda, if any. xii) Contract Drawing (Vol. III) xiii) Any other document forming the contract.

9.0 CONTRACTOR’S GENERAL OBLIGATIONS: To demand and collect toll

only from specified vehicles, Motor Vehicles and trailers drawn by such vehicles that pass over the said toll station, at the prescribed rates of toll stipulated in the contract and modified from time to time with Government orders communicated by HRBC.





9.1 To issue receipt for the amount of toll collected to vehicle operator in the form

prescribed.

9.2 To arrange collection of toll efficiently in such a manner that the traffic at the said site is not unreasonably detained resulting in blocking up of traffic and there shall be no complaints from passengers about undue waste of time or detention of vehicles for more time than due for exit.

9.3 To use the toll station only for the purpose of collection of toll and for no other purpose whatsoever and to protect, preserve and maintain it.

9.4 To collect and submit data of prepaid toll and exempted vehicles in the form

prescribed by the HRBC on request of HRBC. 9.5 Upon expiration or earlier termination of this agreement to return the toll station

to the HRBC in the same condition in which it was handed over to the Entrepreneur/s, subject to reasonable wear and tear along with all new installations/additions/ alterations, equipments supplied and installed subject to reasonable wear and tear but in good working order.

9.6 To pay to HRBC cost of making good the damage caused to the said toll station

forthwith on demand. 9.7 To make the necessary arrangement for lighting to ensure proper working of the

toll station and regulation of traffic through it. 9.7.1 Making provision of own electric arrangement and electric lighting/lanterns/etc.

and modifications/augmentation of the installations if system installed by HRBC is insufficient or insufficient in working, insufficient numbers including all expenses required therefore for entire period of the agreement including provision of separate metering system as necessary, up-gradation and modernization of the set up as per international standards.

If, for any reason, any arrangement for providing electricity from the sub-station of HRBC, the Contractor shall have to deposit monthly charges as will be estimated based on the electrical loads by the Employer through the electrical wing of HRBC.

9.7.2 Paying punctually the electricity charges, telephone charges, mobile phone

charges and water supply charges payable in respect of consumption at the toll station including its command area to the respective authorities supplying such services, as they become due and payable and not to allow them to fall in arrears, for the entire period of agreement.

9.7.3 To replace at his cost bulbs and tubes and other electric accessories in the toll

station and its command area. 9.7.4 To make his own additional arrangements for water supply and sanitary

arrangements required for his staff or HRBC staff at his cost. If, for any reason, arrangement for supply of water is made from the end of HRBC through existing tubewell and pumps, the Contractor shall make payment for the same according to the estimated cost to be assessed by the Employer through the electrical wing of HRBC.





9.8 Not to make or retain any secret profit or margin during collection of toll. To

return the change in form of currency only. 9.9 To permit the officers duly authorized by the HRBC in that behalf, at any time or

times during the subsistence of this agreement to enter upon the premises of toll station for the purpose of inspection verification and audit.

9.10 To give all required information and inspection of records to the authorized

officers of HRBC regarding collection of toll if asked for. 9.11 In all respects to carry out and observe the directions that may from time to time

be given to him by the competent officer. 9.12 To exhibit at a place to be indicated by the HRBC in the vicinity of the said

project, boards of such size and design as may be prescribed by the HRBC, on which the rates at which tolls have been levied on the said section of a road and conditions of levy are written and to preserve and take care of such boards at his cost.

9.13 To comply with the provision of the West Bengal Motor Vehicles Tax Act and

rules made there under and any other law/rules applicable. 9.14 To maintain all electronic, electric equipments and computers in good working

conditions till the entire period of Agreement. 9.15 To promptly replace consumable spare parts of above equipments at his own cost. 9.16 To issue the 1000 nos. Smart Cards at the toll station to the vehicles covered by

exemption provision as per Hooghly River Bridge Act, 1969 as last amended and vehicles exempted from payment of Toll as per notification of HRBC.

9.17 Making provision for Trauma Ambulance and Wrecker of approved capacity, the

cost of which will be borne by the offerer. 9.18 Upkeep and maintenance including supply of office furniture, electricity,

arranging water supply and sanitation for use of the room and toilet to be taken over by HRBC.

9.19 Service Tax if applicable will be payable by the Contractor. 9.20 Taxes and duties including Tax Collection at Source (T.C.S.), as applicable, for the issue of Toll Collection will be payable by the Contractor. 10.0 PAYMENT OF LUMPSUM UPFRONT PAYMENT: After the receipt of LOI

from HRBC, the specified first year’s Lump sum upfront payment and BG for balance four years of contract period valid for 63 months shall be made within 15 days. Only thereafter commencement order for toll collection by contractor shall be issued by HRBC through LOA.





10.1 LUMPSUM UPFRONT PAYMENT:

Lumpsum upfront payment of 1st year’s installment, being 1/5th of the total lump sum offer plus T.C.S. as applicable in the form of Demand Draft along with Bank Guarantee towards payment of installments for the balance four years, being 4/5th of the total accepted bid price shall be made. In 12 month’s intervals the offer price for the respective period of balance contract period along with T.C.S. as applicable shall have to be deposited by the contractor in demand draft and Bank Guarantee of proportionate value also shall be released at those intervals.

11.0 CONTRACT AGREEMENT: The contract shall when called upon so to do,

enter into and execute the contract agreement, to be prepared and completed at the cost of the contractor’s in the form annexed to these conditions with such modifications as may be necessary.

12.0 SUFFICIENCY OF OFFER: The contractor shall be deemed to have satisfied

himself as to correctness and sufficiency of the offer which shall, except in so far as it is otherwise provided in the contract, cover all his rights and obligations under the contract and all matters and things necessary for proper completion of the work.

13.0 UNFORESEEN PHYSICAL OBSTRUCTIONS OR CONDITIONS: During

the period of the contract, if the contractor encounters physical obstructions or physical conditions other than climatic conditions which obstructions or conditions in his opinion not foreseeable by an experienced Entrepreneur, the contractor shall give notice to the HRBC. The HRBC in such cases may consider such measures as to compensate the contractor towards losses suffered by him due to such obstructions. The decision of HRBC shall be final and binding in such cases.

14.0 CONTRACTOR’S EMPLOYEES: The contractor shall provide on the site in

connection with the toll collection work capable persons who are efficient and experienced in this kind of work and leading hands as are competent to give proper superintendence of the collection work. The contractor shall follow all rules and regulations under the Labour Laws applicable. The contractor shall not make any change in software or the system of computers without prior written consent of the HRBC. The contractor shall provide all stationery required for toll collection work and for computers/smart cards etc., at his own cost.

14.1 The HRBC shall be at liberty to require the contractor to remove from the

collection work such person who in the opinion of the HRBC misconducts himself or is incompetent or negligent in the proper performance of his duties or whose presence at the toll station is considered undesirable or is nuisance to passengers or traffic generally.

15.0 SAFETY, SECURITY AND PROTECTION OF ENVIRONMENT: The

contractor shall throughout the period of contract have full regard for safety of all persons entitled to be upon the site in an orderly state appropriate to the avoidance of danger to such persons specially from moving traffic.





15.1 The contractor shall provide all necessary safety equipment such as reflective

vests, helmets to the persons. 15.2 The contractor shall provide and maintain adequate lights, guards, warning signs

when and where ever required. 16.0 CARE OF HRBC’S EQUIPMENT AND PROPERTY: A list of

equipments/materials of HRBC as are available at toll plaza in use and as will be considered essential for use by the contractor shall be progressively handed over to the contractor by HRBC or his authorized representative shall be handed over to the contractor after proper inventory recorded jointly by the HRBC or his authorized representative and the contractor. The contractor shall take full responsibility for the care of materials and equipment of the HRBC which are given to the contractor by the HRBC or his authorized representative throughout the entire period of contract. Any cost towards damages except normal wear and tear to such property/equipment shall be recoverable from the CONTRACTOR. Contractor shall procure all the necessary materials/equipments required for all toll collection work other than those handed over by HRBC, at his own cost.

17.0 DAMAGE TO PROPERTY AND PERSONS: The Contractor shall, except if

and so far as the Contract provides otherwise indemnify and keep indemnified the HRBC against all losses and claims in respect of

a) death of or injury to any person b) loss of or damage to any property

which may arise out of or in consequence of the toll collection work and against all claims proceedings, damages, costs and expenses whatsoever in respect thereof or in connection therewith.

18.0 INSURANCE AGAINST ACCIDENT TO WORKMEN: The Contractor shall

insure his workmen, equipment etc. No additional burden should fall on the HRBC due to absence of insurance, if any.

18.1 INSURANCE AGAINST THEFT AND FIRE: The contractor shall take out all

necessary insurance against theft, dacoit, fire or other contingencies against loss to toll station or toll collected.

18.2 If the Contractor fails to effect and keep in force all insurance legally required or

under the contract or fails to provide certified true copies of the insurance policies to the HRBC, the HRBC may effect and keep in force any such insurance policies make payment necessary for that purpose, from time to time and deduct the amount by encashment of BG of bid price available with HRBC.

19.0 COMPLIANCE WITH STATUTES OR REGULATIONS: The Contractor

shall comply with all Central or State Statutes, Rules or other Regulations in all respects.





20.0 PATENT RIGHTS: The Contractor shall save harmless and indemnify the

HRBC from and against all claims and proceedings for or on account of infringement of any patent rights, design trade mark or name or other protected rights in respect of CONTRACTOR’s equipment material or plants used by Contractor in connection of the work.

21.0 CONTRACTOR TO KEEP ROAD LANES CLEAR: During the collection

work the Contractor shall keep the lanes and adjoining area free from all unnecessary obstruction and shall see that the traffic flow is smooth and is not affected and the obstructions do not become a cause of accident or complaint from public. Contractor shall always keep all the lanes operative all the time irrespective of volume of traffic. The Contractor shall always take written consent of HRBC before making any lane inoperative quoting justification for the same.

22.0 COMMENCEMENT OF TOLL COLLECTION WORK: The contractor

shall commence the work on the date specified in the commencement order to be issued by HRBC through LOA.

23.0 CONTRACT PERIOD: The period of the contract shall be 60 months from the

date of order of commencement of toll collection issued through LOA by HRBC. 24.0 HRBC’S RISK: The HRBC’s risks are

a) War, Hostilities, Invasion, act of foreign enemies.

b) Rebellion, revolution, insurrection or military or usurped, civil war. c) Lionizing radiation or contamination by radio activity from any nuclear fuel

or from any nuclear waste from combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.

d) Riot, commotion, disorder, unless solely restricted to employees of the Contractor and arising from conduct of the toll collection work, provided that the same is not temporary or transitory and affect the toll collection appreciably.

e) Any other operation of the forces of nature against which an experienced Contractor could not reasonably have been expected to take precaution.

f) Repair work undertaken by the HRBC, Government, other Government Authorities on section of road in the approach portion of toll plaza resulting in total closure of traffic at the site of till collection.

25.0 PROCEDURE FOR RELIEF: Notwithstanding any other provisions in the

contract if the Contractor intends to claim any relief in the Lump sum upfront Payment made to the HRBC he shall give notice of his intention to the HRBC within 15 days of the event giving rise to the claim with facts and figures of collection supported by relevant records. The claim shall be settled based on the claim period and the Lump sum upfront Payment for that period vis-à-vis actual collection in the preceding one month and succeeding one month. Upon happening of the event referred to in clause 24.0 above the Contractor shall keep such contemporary records as may reasonably necessary to support any claim he may subsequently wish to make.





26.0 PAYMENT: The 1st year Lump sum upfront Payment being 1/5th of the total bid

amount stipulated in the Contract along with BG for balance 4 years shall be paid within 15 days from the date of notice (LOI) issued by HRBC.

26.1 Contractor shall not be entitled to any compensation, rebate or reduction in

contract amount i.e. amount quoted by the Contractor in his offer and accepted by the HRBC, on account of change or variation in traffic pattern, volume or intensity for any reason whatsoever.

26.2 The Contractor should offer his lump sum bid price for the entire contract period

of 5 (five) years taking into consideration the growth of traffic crossing the toll plaza all over the contract period.

26.3 If there is substantial change or variation in traffic pattern, volume or intensify,

due to reasons stated as HRBC’s Risks (Clause 24) directly affecting the average collection of the toll amount, the decision given by the Vice-Chairman on the application made by the contractor in respect of the question of admissibility of the claim and/or grant of rebate or reduction and quantum thereof in the contract amount to be offset against the deposit or in any other form shall be final and binding on the contractor.

26.4 The refund if any arising out of relief to the contractor shall be by way of

adjustment of payment and no interest shall be payable on such sum. 27.0 RATES OF TOLL: The contractor shall recover toll only at the rates mentioned

in “Present Toll Rates for Vidyasagar Setu” as given in Vol. I : Sec.3G from all specified vehicles passing through the toll station as mentioned. The rate/s so fixed by HRBC shall be displayed on a board/s erected at the location decided by the HRBC in the vicinity of the toll station, of the size and design as may be prescribed by the HRBC or its authorized representative. The Contractor shall display the rates and concessions in bold letters at various locations near toll station. The Contractor shall give numbered receipt to every vehicle paying the toll, other than smart card holders.

28.0 VARIATION OF TOLL RATES: If the existing rates of toll levied on the specified vehicles are varied at any time during the subsistence of the agreement, there would be corresponding revision in the amount of agreed consideration by way of recovery in accordance with the following formula.

Additional amount of consideration money upfront fee consequential to variation of toll rates to be recovered by the Employer will be shared in the proportion 90% of the amount of additional toll collection per annum by the Employer and 10% by the Contractor which will be derived in the following manner.

The revision or recovery from the contractor being consequential, it will not give any party any right to terminate the contract. After the revision is carried out it will be lawful for the Employer to demand corresponding rise in the contract amount as also the installments to be paid by the contractor for the remaining period of the contract annually in the similar manner as in the case of installment payment towards original contract offer. The contract to that extent shall be deemed to be amended.





Additional amount of Toll Collection per annum for a category of vehicle whose toll rate has been varied = Estimated Annual Traffic Volume in terms of number for the said category of vehicle during the year in which the toll rate has been varied amount of increase in toll rate for the said category of vehicle. Estimated Annual Traffic Volume in number for any category of vehicle in any year during the contract period shall be taken from table as given in sub-clause 28.1 below. The contractor shall note that the traffic figures given in the table are indicative and have to be used only for the purpose of estimation of additional amount of toll collection following the formula stated above. For submission of offer the Contractor should make his own assessment of traffic through study or by other means.

28.1 Estimated Future Annual Traffic Volume in number

The future traffic for each year during 2012-2017 is estimated based on ADT obtained from 7 days 24 hour traffic count in February, 2010. For estimation of annual traffic it is assumed that there will be 360 effective days in a year. From seasonal variation of traffic in this part of the country it is found that peak period occurs during February with lean period during monsoon. Therefore, it is further assumed that average annual traffic is 85% of peak flow in February.

Therefore, the projected traffic for next five years (2012-2017) is given in table below:

Vehicle category

7 day count, Feb, 10

Growth rate (%)

ADT (Feb, 2010)

AADT Estimated Annual Traffic in the year in number

2010 2011 2012 2013 2014 2015 2016 2017

A B C D E F G H I J K L M

HCV 4227 8 604 513 184780 199563 215528 232770 251392 271503 293223 316681

BS 15125 5 2161 1837 661179 694238 728949 765397 803667 843850 886043 930345

MCV 36757 5 5251 4463 1606806 1687146 1771504 1860079 1953083 2050737 2153274 2260938

MB 7413 5 1059 900 324054 340257 357270 375133 393890 413584 434263 455976

LCV 27307 8 3901 3316 1193706 1289202 1392339 1503726 1624024 1753946 1894262 2045803

CR 224014 8 32002 27202 9792612 10576021 11422103 12335871 13322741 14388560 15539645 16782817

TW 111697 8 15957 13563 4882755 5273375 5695245 6150865 6642934 7174368 7748317 8368182

D = B/7; E = D x 0.85; F = E x 360; G = F x [1+(C/100)]; H = G x [1+(C/100)]; I = H x [1+(C/100)]; J = I x [1+(C/100)]; K = J x [1+(C/100)]; L = K x [1+(C/100)]; M = L x [1+(C/100)].





Table: Category of Vehicles

Sl. No. Type of Vehicle Category of Vehicles

1. Heavy goods truck with trailer and similar other articulated heavy goods vehicles HCV

2. Lorry, Tractor without trailer and similar other goods vehicles MCV

3. Bus (excluding mini bus) BS

4. Matador, Tempo Truck, Pick-up Van, Jeep-Trailer combination and similar other articulated light goods vehicles. LCV

5. Minibus and such other type of passenger vehicles MB

6. Motor Car, Taxi, Jeep, Station Wagon, Tempo Auto-rickshaw, 3-wheeler, scooters or other auto driven light vehicles. CR

7. Scooter, Motor Cycle etc. TW

References: 1) 7 day count in February 2010 was conducted by Chief Traffic and Transportation Engineer, Transport Dept., Govt. of West Bengal.

2) Estimated Future Annual Traffic Volume in number is taken from “Assessment of Reserved Price in Bidding Offers for Toll Collection in Vidyasagar Setu” made by Transportation Engineering Section, Civil Engineering Dept., Bengal Engineering and Science University (BESU) in January, 2011.

29.0 EXEMPTIONS AND CONCESSIONS: The vehicles exempted from payment of tolls and the various concessions offered to different kinds of vehicles shall be as per Hooghly River Bridge Act, 1969 as will be amended and vehicles exempted from payment of Toll by notification of HRBC. No toll to be charged from the Ambulances on duty, military and police vehicles, vehicles belonging to Commissioners and fire-fighting vehicles as per HRBC Act.

29.1 The Contractor will issue only 1000 Smart Cards as per recommendation of HRBC for which neither the cost of Smart Cards will be paid by HRBC nor reimbursement will be made for use of the Smart Cards for crossing the Toll Plaza by the exempted vehicles. Each Smart Card holder will be entitled to use the toll plaza free of cost for twice a day only.

29.2 The Contractor will also issue other Smart Cards as per recommendation of HRBC for which the cost of Smart Cards will be borne by the Contractor but HRBC will make reimbursement for use of the said cards for crossing Toll Plaza.

30.0 SET OFF: Any sum of money due and payable to the CONTRACTOR/S including any sum returnable to the CONTRACTOR/S under this contract may be appropriated by the HRBC and set off against any claim of the HRBC for the payment of any sum of money arising out of or under any other contract made by the Contractor/s with the HRBC.

31.0 BRIBES AND COMMISSION: Any bribes, commission, gift or advantages given, promise of bribe by or on behalf of the CONTRACTOR/S or servants or any one on their behalf to any officer, employee, representative or Contractor of the HRBC or any person on his or their behalf of showing favour of disfavour to any person in relation to the contract, in any manner whatsoever will entitle the HRBC to cancel his contract and also to claim from CONTRACTOR’s payment of any loss or damage resulting from such cancellation.





32.0 TERMINATION: 32.1 If the Contractor is deemed by Law unable to pay his debts as they fall due or

enters into voluntary or involuntary bankruptcy, liquidation or dissolution (other than a voluntary liquidation for the purpose of amalgamation or reconstruction), or becomes insolvent or makes an arrangement with, or assignment in favour of his creditors, or agrees to carry out the contract under a committee of inspection of his creditors or if a receiver, administrator, trustee or liquidator is appointed over any substantial part of his assts or if under any law or regulation relating to reorganization, arrangement or readjustment of debts, proceedings are commenced against the Contractor or resolutions passed in connection with dissolution or liquidation of if any steps are taken to enforce any security interest over a substantial part of the assets of the CONTRACTOR, or if act is done or event occurs with respect to the Contractor or his assets which, under any applicable law has a substantially similar effect to any of the foregoing events. The contract may be liable to be terminated.

32.2 Further in the following cases when the Contractor:

a) Has repudiated the contract or, b) Has failed to comply with the instructions issued by HRBC/commissioners or

his authorized officer or c) Despite previous warning is otherwise persistently or flagrantly neglected to

comply with any of the obligations under the contract. d) Committed any breach of any of the terms of contract, or e) Has given false or untrue information regarding eligibility to bid, as revealed

at the selection process is over or even earlier or f) Non courteous, rude behavior with the travelers g) Breach of any of the terms and conditions of the contract for any reason

whatsoever.

For any of such breaches, the contract may be liable to be terminated for such breaches.

32.3 If the CONTRACTOR/s being a natural person/s die/dies or being a natural

person or a partnership firm is adjudged insolvent or commit any criminal activity or act of moral turpitude or detained under any preventive law i.e., TADA, FERA etc. or if the CONTRACTOR/s or servants of the CONTRACTOR/s are convicted of any offence under the State of West Bengal Prohibition Act. West Bengal Opium Smoking Act and/or the Narcotic Drugs and Psychotropic substances Act, or fails to observe any of the provisions of this contract or any of the terms and conditions governing the contract, the contract shall forthwith, stand terminated.

33.0 PAYMENT UPON TERMINATION:

a) Upon termination of the contract under Clause 32.1 the Contractor shall not be entitled for any refund of Lump sum upfront Payment and Employer shall take action as per the agreement. The Liquidated damages shall be recovered by encashment of the bank guarantee to the extent of 2%.





b) Upon termination of the contract under Clause 32.2 the Contractor shall not

be entitled for any refund of Lump sum upfront Payment and HRBC shall take action as per the agreement. The Liquidated damages shall be recovered by encashment of the bank guarantee to the extent of 2%.

c) Upon termination of the contract under Clause 32.3 the Contractor shall not be entitled for any refund of Lump sum upfront Payment and HRBC shall take action as per the agreement. The Liquidated damages shall be recovered by encashment of the bank guarantee to the extent of 2%.

34.0 CLOSURE OF CONTRACT AT THE OPTION OF THE CONTRACTOR:

Should the contractor decide to take exit from the obligation of the contract at any time, he may do so with clear three month’s notice to HRBC. For such premature closure of the contract HRBC shall be entitled to forfeit the balance installment payment of that particulars installment available with HRBC. In addition, liquidated damages shall be recovered by encashment of the bank guarantee to the extent of 2% of the balance amount of bank guarantee available for the entire balance period out of five years contract period of non-performance of the contract.

35.0 RECOVERY OF DUES: The HRBC shall, without prejudice to its any other

rights and remedies, be entitled to recover from the CONTRACTOR/s all amounts due to or recoverable by HRBC from him/them under the contract and as per provision of Public Debt Recovery Act, (PDR) 1815.

36.0 ARBITRATION: Except where otherwise provided in the contract all questions

and disputes relating to the meaning of the specifications, designs, drawings and instructions hereinbefore mentioned and as to the quality of workmanship or materials used on the work or as to any other questions, claim, right, matter or thing whatsoever, in any arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions orders or those conditions or otherwise concerning the works, or execution, or failure to execute the same, whether arising during the progress of the work, after the completion, after termination or abandonment thereof shall be referred to the Vice Chairman, HRBC seeking arbitration. Vice Chairman, HRBC will appoint an Arbitrator not below the rank of Superintending Engineer, in service or retired belonging to any State or Central Govt. departments or undertakings.

For referring such disputes for arbitration the Employer or the Contractor may give notice of intention to commence arbitration as to the disputes to the other party.

The decision of the Arbitrator shall be final binding on the parties. The award shall be a speaking one, that is, the Arbitrator shall recite facts and assign reasons in support of the award after discussing fully the claims and contentions of the parties. Save as aforesaid and / or otherwise provided in the Contract, the arbitration shall be conducted in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 or any statutory modification or enactment thereof and shall be held at such a place and time in India as the Arbitrator may determine. The fees and traveling expenses of the Arbitrator will be borne equally by the Employer and the Contractor or as the Arbitrator may determine.





37.0 AUTOMIZED TOLL PLAZA: The Contractor shall take over the system of

computerized toll collection along with toll audit system from the existing contractor. The toll system shall include cash collection & management, electronic cash collection including smart cards & readers etc.

HRBC shall takeover the entire system of toll collection in proper working order at the end of contract period, where the Contractor shall have no right on the system installed by him, upon expiry or termination of the contract.

38.0 AUTHORIZATION OF TOLL COLLECTION SYSTEM: HRBC shall intimate the contractor to commence collection of toll at Vidyasagar Setu Toll Plaza after the contractor’s deposit of 1st installment of upfront payment and submission of BG for the amount of Bid price for balance 4 years and its acceptance.




AS PER REQUIREMENT

Volume III

CONTRACT DRAWING




MAY – 2012



AS PER REQUIREMENT

Volume IV

Technical Proposal (To be furnished by the Offerer)




MAY – 2012