SPECIAL CONDITION OF CONTRACT
These special conditions of contract shall be read in conjunction with Airports Authority of India General conditions of contract, if there are any provisions in the special conditions of contract which are at variance with the provisions of general conditions of contract, the provision in these special conditions shall take precedence.
General Scope of Work: - The scope of work includes
·The deploying 14 Nos. of Bird cum Animal Chasers per day for one years (365 Days).
The deployment of Bird cum Animal Chasers in Two (2) shifts will be as per following:
S. No
Shift
Shift Start Time (IST)
Shift End Time
(IST)
Manpower required in each Shift
1.
Morning
0600
1400
7
2.
Afternoon
1400
2200
7
Total Manpower Per Day
14
Bird cum Animal Chasers:
The Bird Hazard Control will be done round the clock by use of sound crackers and zone guns etc. methods decided by competent authority. Contactor shall implement the directions issued by Competent Authority on how to scare birds/animals inside/ outside operational area of Jabalpur Airport during watch hours. During non flight hours, they will be utilized in Operational Area for removing FOD / clearing the bird attracting areas/ the path of wild animals intrusion area. They will also notify it in their register / log book daily.
The duties and responsibilities of the personnel engaged by the contractor would be as follows:
The contractor shall be responsible for the scaring of birds & animals, their removal and allied services in operational area of the airport (Airside) as directed by In-Charge (Airside Operations)/Duty Officer (Airside Operations) as per SOP provided by Airport Director.
To guard the Aerodrome (Air Side) by scaring and chasing the Birds, Wild Animals/Dogs from operational area and ensure it is free from all kind of such activities during the period of deployment/watch Hours.
To use sound crackers/other bird & animal scaring equipment or device for scaring birds and wild animals.
To operate Zone guns inside the operational area as per the direction of In-Charge (Airside Operations)/ Duty Officer (Airside Operations).
To remove dead insects/ birds/ animals from operational area and disposing them appropriately.
To maintain continuous watch over the airfield during the period of deployment/watch hours and alert Duty Officer (Airside Operations) of any bird/wildlife activity inside airfield.
Caution shall be exercised while using crackers to avoid the adverse effect on aircraft and grass fire.
To keep a vigilant watch in operational area, mainly on Runway and Runway Strip to observe if any bird/wildlife activity is present.
To inform ATC tower in case of any bird/wildlife activity observed inside operational area, mainly on Runway and Runway Strip.
To chase away the birds/wildlife by bursting of crackers or with the help of operational jeep as the case may be.
Ring the bell kept in Bird cum Animal Chasers hut whenever any bird activity is observed.
If any bird activity is observed on runway and after inspection it is found that insects on runway are reason behind that activity then sweeping and removal of insects shall be carried out by Bird cum Animal Chasers.
To carry out the bio walk and dislocate the eggs of birds lying in operational area.
To operate the Laser guns provided as and when required.
To remove dead/injured bird/animal, cracker residual, plastic item such as bottles wrappers from the runway and the surrounding area within the operational area.
Remainders of burnt crackers will be removed and operational area shall be kept clean.
To assist in allied services like grass cutting and removal of grass within runway shoulder area (inside operational area) during non-flight period as directed by the In-Charge (Airside Operations)/ Duty Officer (Airside Operations).
To remove foreign objects (FOD) as observed within airfield including Apron Area.
To provide all other allied services, associated with the Wildlife management inside the operational area as per the direction of In-Charge (Airside Operations)/ Duty Officer (Airside Operations).
Bird/Animal Chasers to be deployed in Operational Area as per the direction of In-Charge (Airside Operations)/ Duty Officer (Airside Operations).
The persons deployed for bird & animal scarring by the contractor are transferable from one location to another inside the operational area as per the directions of AAI.
Contractor/Supervisor shall be responsible for deployment of Bird Scares/labors and carry out supervisory duties envisaged under the job contract.
The contractor shall abide by all the terms & conditions enforced by Airport Director/ In- Charge (Airside Operations)/ Duty Officer (Airside Operations) without any condition.
The Sound crackers required for Bird and Animal Scaring and other materials (PPE i.e. Gumboots, Raincoat, Umbrella, Ramp Jacket, Lathis, Torch, Reflecting film for reflecting structure etc.) will be procured and supplied by the working agency according to government norms.
The LPG for Zone Gun and other materials will be procured and supplied by the contractor and the cost will be reimbursed by AAI.
The contractor shall comply with the mandatory BCAS security rules and regulations being enforced from time to time at the work place.
Necessary penalty will be made if the workers of the contractor are not found in uniform at any time during the duty.
Period of Contract: - The service contract shall be for a period of 01 (One) year from the date of deployment of manpower. AAI reserves the right to terminate the contract fully or partially by giving 30 days' notice in writing to the contractor. If in the opinion of the Airport Director, it is observed that the contractor is not doing the works satisfactorily as per the terms and conditions of contract, and then the contract can be terminated with immediate effect without giving any reasons thereof.
Entry Pass: - The work site lies in restricted area. The contractor shall apply in writing in advance for issue of necessary entry passes of manpower engaged by him. The office/airport premises are an essential service covered under the maintenance of essential service Act and hence disruption of services rendered will be a statutory offence. The necessary police verification etc. as required for entry passes will be the responsibility. Obtaining security clearance and approval of security programme from BCAS (Security clearance for Auxiliary service provider) is a mandatory requirement for all agencies working at an Airport. Hence, the successful bidder shall apply for security clearance online through BCAS portal within 15 days from start of contract period or within 07 days from the date of queries raised by BCAS, failing which a levy of penalty of Rs. 500.00 per day after 15 days / 07 days will be affected accordingly subject to a maximum of Rs. 5000.00 per month. The guidelines i.r.o obtaining security clearance from BCAS is available on https://esahaj.gov.in/guidelines. No claim whatsoever on this shall be allowed . All expenditure towards arranging security passes shall be borne by the Agency.
Security: - The contractor and his employees shall abide by security regulation framed by AAI/ BCAS or Police Authorities. Any worker of the contractor, whose presence is found undesirable in AAI premises, shall not be allowed to work. The Contractor shall be fully responsible for the satisfactorily working of his staff.
"If Contractor or his authorized representative or his employed workers are found violating any of security regulations, suitable action shall be taken by AAI as per prevailing rules".
All men and vehicles shall be permitted to enter the restricted / office area only on possession of the security passes. The contractor shall apply in writing in advance before commencement of work for issue of security passes and shall submit a list of personnel concerned with their addresses. The contactor shall ensure that his men are deployed only in those areas where the security passes issued is valid for. Passes shall be deposited back with Airport Director on demand and in any case immediately after completion of work. The contractor or his staff/workmen shall observe all the rules promulgated from time to time by the concerned authorities. Any person found violating the security rules laid down by the authority will be expelled from the area without assigning any reason whatsoever and contractor shall have no claim on this account.
5.Statutory & Regulatory Clauses: -
The contractor has to discharge all the obligations as provided under various statutory enactment including the EPF/ ESI/ Contract Labour (Regulation and abolition)/ Minimum Wages / Payment of Wages / Payment of Bonus /Payment of Gratuity / Workmen's compensation / Works Contract and other relevant Acts, Rules and Regulations in force and as amended from time to time in the State, as applicable.
The engagement and employment of workers and payment of wages to them as per existing provisions of various labour laws and regulations is the sole responsibility of the contractor and any breach of such laws or regulations shall be deemed to be violation of this contract. AAI may ask the contractor to produce documents to verify that these provisions/laws are compiled by the contractor.
The contractor has to follow the local security/safety rules & regulations and such instructions on restricted hours of work as may be imposed on him by the department / local authorities, while working in security restricted zones and no claim whatsoever on account of this, will been entertained.
The contractor has to deploy their staff to run the system on all days (365 days) including Sundays and Gazetted holidays in shift for which nothing extra shall be paid.
Uniform:- The contractor/ agency has to provide 2 sets of uniform ( pant and shirt), 1 No. high visibility jacket, 1 pair of shoes & 3 pair of socks and a sweater (for winter stations only) and raincoat, umbrella, Gum Boot (for monsoon) to his staff of approved colour during the contract period, (within one month from the date of award) failing which, AAI recover an amount of Rs.200/- per person per week till the compliance of the same from the contractors running/final bill, ln the event of non-compliance of wearing uniform & shoes by workers on daily basis a recovery of Rs. 150/-per day per person shall be made from running bills. The workers should wear a badge on the left pocket of the shirt mentioning company's name.
Consumables:- :- The contractor/ agency has to provide cylinders each month for 6 zone guns and 2 packets (10 pcs in 1 packet) of crackers each day in both the shifts, failing which, AAI can recover an amount of Rs.150/- per consumable item per week till the compliance of the same from the contractors running/final bill. Consumables also include torch, gloves, lathi, cages etc. ln the event of non-compliance of non- provision of consumables, on daily basis a recovery of Rs. 150/-per day per consumable item shall be made from running bills.
No accommodation shall be arranged by the AAI for the staff / workers of the contractor. It is the responsibility of contractor to make his own arrangements for the facilities.
The Contractor shall be responsible for the watch and ward of the material provided by him against pilferage and breakage during the period of the Contract and thereafter till the work is physically handed over to the department, if any normal wear and tear is noticed, the same shall be repaired at the cost of Contractor, and the amounts quantified by AAI towards the same shall be final and binding.
Airports Authority of India shall not be responsible for any loss of man/material used by the contractor at site. AAI will not be responsible for any damage/injury caused to Bird cum Animal Chasers while on duty on operational area due to wild life activity/fire etc.
If at any time the work or conduct of any worker is found unsatisfactory by AAI, such persons shall be removed by the Contractor immediately with suitable substitute.
The Contractor has to ensure that the services are not disturbed either due to absenteeism or due to wilful act of his staff. Maximum care and precautions shall be taken to avoid any system breakdown. In case workforce deployed by the contractor resort to any kind of industrial action, the contractor shall arrange to deploy alternate workforce of sufficient strength and competence to maintain the normal operations.
The Contract may be extended for a period of three month on same terms and condition, if services are found satisfactory.
Rates: - The prices quoted shall be inclusive of GST, PF, ESI & Bonus. GST, PF & ESI amount paid to the statutory authorities by the contractor shall be reimbursed on actual basis throughout the contract period on submission of the documentary evidence in next bill or after the final bill.
The rates quoted shall be in Indian Rupees only and inclusive of all taxes and duties,whatsoeverincludingexciseduty,VAT/Sales tax,labourcess,Octroiifany,workcontract tax, applicable customs duty in case of imported items, labour, tools & plants,packingfreight/transportationofitemsfromfactoryuptotheinstallationsite&insurance up to the site, loading, unloading and hoisting arrangement for installation,fee(s)fortesting,inspectiondocumentsincludingthefee(s)payableforobtainingstatutory license / approval etc. from concerned department including GST. ApplicableGST, paid by contractor for this work will be paid by AAI on actual basis on production ofdocumentaryevidence.(Clausemaybe amendedaspernewguidelinesonGST).
The quoted rate shall include statutory labour components of PF, ESI and Bonus and allother statutory compliances as per the prevalent Govt. guidelines including GST. All such payment will be paid on production of documentary evidence/ proof of depositing/proof of remittance of such amount to statutory, regulatory authorities. Any additionalstatutorytaxesbystategovt.willbereimbursedonproductionofdocumentaryevidenceofpaymenttostatutory,regulatoryauthoritiesdulycertifiedbythein-charge”.
Noescalationonitemisapplicable,howeveragencywillbeentitledtogetreimbursement of hike in minimum wages, PF, Bonus, ESI contribution on production ofdocumentaryevidence.
Bonus amount as per latest Govt. rules or 8.33% of annual salary whichever is higher will be paid to the deployed manpower by the contractor and the same shall be reimbursed on actual basis throughout the contract period on submission of the documentary evidence in next bill or after the final bill. In case of non-payment of bonus necessary recovery/withheld against bonus from their RA Bill / Final bill shall be made as decided by Airport director and appropriate action will be initiated by AAl against the contractor. The decision of Airport Director in the regard will be final and binding on the Agency.
PF & ESIC Contribution:-
The contractor shall register himself with Labour Licensing Authority and obtain Labour License Number in this regard.
The contractor shall have to register with PF & ESIC (where ever applicable) for workmen engaged for the work & challans / deposit receipts of PF & ESI contribution shall be submitted in AAI office for verification/ reimbursement, at the time of submission of bill.
The PF dues in respect of workers engaged by the contractor for AAl works to be deposited by the contractor every month by a challan and the documentary evidence in support of such payments along-with employee wise details of the PF contribution (both Employee's share and the employer's contribution) needs to be submitted to the Airport Director for the work/ contract.
ESI (where ever applicable) & EPF amount (contractor's contribution & administrative charges) paid to the statutory authorities by the contractor shall be reimbursed on actual basis on submission of documentary evidence.
If ESI not applicable, the agency shall provide Rs. 2.0 lacs Mediclaim policy to each person engaged at the site.
The contractor has to deposit PF & ESI as applicable, failing which recovery/ withheld @ 26
% and 6 % against PF and ESI respectively from their R.A bills/ Final Bill shall be made.
Labour Wages:
The contractor has to pay the prevailing minimum wages issued by the office of Regional Labour Commissioner/ Chief Labour Commissioner (whichever is higher), from time to time. However, the difference in minimum wages based on actual payment made to the labour and wages applicable at the time of submission of tender will be reimbursed including difference in EPF and ESI payment to the contractor on revision of minimum wages and no additional amount such as contractor's overhead & profit will be paid on this account.
For the purpose of admitting the claim for reimbursement of statutory increase in wages paid by him, the contractor has to produce the required documentary evidence to the satisfaction of Airport Director.
The payment to the workmen's engaged by the contractor is to be paid through NEFT/ RTGS/ Cheque on or before 7Th of every month irrespective of Saturday, Sunday and bank holidays. If any violation with respect to payment of wages for any two months in a contract period, necessary action for cancellation of contract, debarring of the agency for participating in future contracts in AAI shall be initiated. The agency will not be allowed to participate in any of the tendering process in AAI till finalization of the decision.
17.GENERAL SPECIFICATION
Man Power: Work has to be carried out during active watch hours (or as decided by the Airport Director) including holidays and Sundays in operational area. The services shall be provided by the contractor and he has to make alternative arrangement as required during the lunch / rest interval / off day of the workers to ensure continuity of service without any break. All the staff engaged for duty should be provided with uniform & shoes and photo identification cards arranged by the contractor.
Training: The Job of Bird and Animal Hazard Control requires familiarization of the area of work, Safety precaution, and high motivation to remain alert in sun, rain and adverse weather condition. Hence, the Contractor shall before deployment of manpower ensure that such manpower is adequately trained and a record to that effect be submitted by the contractor for verification of AAI before deployment of personnel. The contractor shall ensure that his Bird/Animal Hazard Control personnel use the Lathis, Laser guns launcher for bird/animal scaring. They shall not aim the Laser guns at any human or aircraft. The training of contractor’s personnel for use of Laser guns shall be done. The contractor shall submit a certificate to this effect prior to commencement of work.
Qualification & Wages of Staff: - The contractor should depute the persons as per the qualification given below as required as per BOQ.
Semi-Skilled manpower ()- Shall be 12th Pass, physically sound & shall have basic knowledge of similar work and shall be paid as per minimum wages.
Unskilled manpower () - Shall be 10th Pass, physically sound & shall have basic knowledge of similar work and shall be paid as per minimum wages.
In case of absence of staff from duty, recovery will be made by the department at the following rates, which shall be binding on the contractor.
Semi-Skilled:Rs 709/-
Un Skilled:Rs 628/-
But apart from daily wages, an amount of Rs.100/- will be recovered from the agency per person per shift for absenteeism of any worker as a penalty.
The Airport Director has full rights to instruct the agency of expel/ replace the person with the regular habit of taking unauthorized leaves frequently or continuously absent without proper justification, which may impact the morale of co-workers.
It is the responsibility of the contractor to work as per scope of work, except for the reasons beyond the control of the contractor. The decision of Airport Director is final and binding on the contractor in respect of establishment & "the reason beyond the control of the contractor'. If the failure to work as per scope of work or as directed by Airport Director attributed to the contractors / agency, penalty to be imposed on the contractor as deemed fit by the Airport Director.
There shall be no liability on the part of the AAI to pay any compensation arising out of the labour dispute, accident etc. at site. The contractor will be fully responsible for safety, security and coordination of the workers deployed at AAI site. Noting extra will be paid to the Agency on this account.
Contractor or his authorized representative shall visit the site at least once in one month and as and when called by the Airport Director or his representative and will report about satisfactory working.
Any material / equipment taken out for the purpose of repair/ rectification/ replacement from the building or work premises shall have necessary permission from the Airport Director and security personnel/ competent authority in the form of a Gate pass.
25.Terms of payment :
The Contractor has to deploy 6 numbers of persons in morning and afternoon shift each and 01 number of person as Supervisor in both the shifts all days including Sunday & Holidays. Minimum number of workforce shall be 14. The cost quoted by the tenderer is inclusive of the weekly off & nothing shall be paid extra on this account. The applicable minimum wages shall not be less than as rate prescribed/approved by Central Govt.
AAI reserves the right to withhold an amount as per prevailing rules, from the running account payments, if PF / ESI contribution are not paid by the contractor and proof to that effect have not been produced regularly on due dates.
The payment due to the contractor shall be made within 15 days of the submission of the bill by the contractor after due verification by the Airport Director or his authorized representative.
The wages to the employees shall be disbursed through debit card of any nationalized bank and the bank statement showing the payment in detail shall be submitted while submitting the bills for payment.
Contractor shall pay bonus once in a year to all manpower through bank transfer which shall be at least 8.33% of annual wage at the time of payment on pro-rata basis. Proof of this payment should be presented along with corresponding running account bill. The proof of payment for the balance amount of bonus on pro-rata basis from the last bonus paid till the expiry of contract should be submitted along with last running account bill for release of payment. If, proof of payment of bonus is not submitted, 8.33% of the running account bill will be withheld.
Bills shall accompany clear copy of EPF & ESIC deposit challan for contribution made towards EPF/ESI as per applicable Govt. of India rules for employees engaged for this contract in AAI under self certification with company seal.
AAI shall withheld any payment, if the contractor fails to deposit wages, EPF, ESI etc. as per applicable rates and proof to that effect regularly. Any arrear for EPF/ESI deposit along with current deposit in respect of employees engaged under this CONTRACT shall be completed before presenting the next running account bill. Failing to do so, AAI may stop payment of running account bill.
If, wages, PF, ESI etc are revised by the Govt. of India, the same shall be paid to the firm subject to documentary evidence of their payment/challan copy.
If, wages, PF, ESI etc are revised by the Govt. of India, the hike shall be paid to the firm subject to documentary evidence of their payment/challan copy.
The contractor shall intimate his PF account code no. allotted by regional PF commissioner and ESI registration no. allotted by ESI Corporation within 10 days of award of work, failing which no payment will be released to the contractor.
The Running payments for the work done shall be released Monthly by AAI only after salary payments to all workers and submitting the proof of disbursement and deducting the applicable taxes.
It shall be the responsibilities of the contractor for payment of minimum wages and other statutory benefits etc. to its employees and AAI may anytime check/inspect the same.
In case, of any violation of statutory provisions, with regard to payment of minimum wages, PF, ESIC etc. to the persons engaged by the firm, AAI shall forfeit Security Deposit or stop the payment of monthly bills of the firm.
In case, AAI receive the information/complaint through any source/media, any employee is not paid the notified wages/allowances; AAI will deduct such payment from Security Deposit or monthly bill and directly make the payment to such employee, if contractor fails to justify his side.
The following documents as applicable shall be produced and self-attested photo copy shall be submitted by the Contractor during each running bills:-
Monthly Challans of E.P.F. and E.S.I. deposits up to previous month.
Wages register signed by workers of each month.
Bonus details received and signed by workers.
Log books & attendance register.
Final Bill Payment:- The total amount of final bill worked out at the accepted tender rates, if found to be more than the amount worked out at the quoted rate of second lowest, the contractor shall be paid lower of the two.
The agency shall submit final bill along with all the documents related with PF, ESIC & Bonus to AAI in addition to all maintenance schedule registers, documents etc. related to the work.
26.MINIMUM AMOUNT OF THIRD PARTY INSURANCE
THIRD PARTY LIABILITY- Minimum One Lakh (Damage occurred to Equipment, Vehicles etc.)
Before commencing the execution of the works the contractor (But without limiting his obligations and responsibilities) shall insure minimum one lakh against any damage occurred to equipment, vehicles, loss or injury which may occur to any property (including that of the Employer) or to any person, including any employee of the employer by or arising out of the execution of the works or temporary works or in carrying out of the contract.
IftheContractorcouldnoteffectacomprehensiveinsurancecoveragainstriskswhichhemay berequired to effectunder the termsof thisclause,then heshall give hisattention toget the best insurance cover available and even in caseofeffectinga wider insurance coverthantheonewhichthesubsidiaryoftheGeneralInsuranceCompanyorbyacompanyapprovedbytheInsuranceRegulatoryAuthorityofIndiacouldoffer,suchan Insuranceis ought to be done after the AAI's approval, by or through the subsidiary of the GeneralInsuranceCompany.
Proof of this comprehensiveinsurance should be submitted along with first running accountbill,otherwisepaymentof thebillmaybewithheld.
The insurance shall protect the contractor/contracting agency against all claims applicable forthe workman’s compensation act-1948. The contractor shall take necessary insurance cover forall persons deployed even for short duration. AAI shall not entertain any claim arising out ofmishap,ifany,thatmaytake placeduringtheperformanceofthecontract.
The contractor shall be responsible for any damage caused to any equipment's /building of AAI due to the negligence of the staff. The same shall be made good by the contractor at his cost.
28.Tools And Tackles:
The contractor shall provide all the tools and tackles for the works including safety gadgets for Bird Scarers. Each Bird Scarer will be provided with the following minimum tools of reputed brand for Bird Hazard Control works:-
i.
Lathi
01 No.
ii.
Animal Catching Net Ring
01 No.
iii.
Mope/ Broom
01 No.
29.Penalty Clause:
S. No.
Type of work / quantity
Penalty
1.
Non wearing proper of Uniform, gumboots, shoes etc.
Rs. 150/- per person per day.
2.
Not providing Sticks (lathis) for animal / bird chasing.
Rs. 150/- per person per day.
3.
Non deployment of minimum manpower.
Rs. 500/- per person per day.
4.
Un-Serviceability of any bird/animal scaring device.
Rs. 500/- Each
5.
Disruption in flight operation due to Animal Activity or Bird Hit
Rs. 1000/- Per occasion
6.
Confirmed bird hit inside Airport.
Rs. 2000/- per occasion
7.
Confirmed sighting of animal activity inside apron.
Rs. 2000/- per occasion
8.
Non wearing of high visibility jackets.
Rs. 150/- per person per day.
9.
Non providing of consumables like crackers.
Rs. 150/- per occasion.
10.
Non providing of consumables like LPG cylinder for etc.
Rs. 150/- per occasion.
11.
Non providing of consumables like torch, gloves, umbrella etc.
Rs. 150/- per occasion.
Note: - In any case the total penalty at any point of time on account of any or all the categories put together shall not exceed 15 % of the total contract value per month.
If any equipment damaged due to the negligence of the manpower, the agency shall repair the same and nothing extra shall be paid on this account by the AAI.
Once the total penalty reaches this limit, the contract shall be liable for review / rescind as per the provisions of the contract agreement and the decision of Airport Director in this regard shall be final and binding on the contactor.
30.Contract Agreement:
The contract agreement shall be executed on a non-judicial stamp paper of 100 Rs.andcostofthestamppapershallbeborneby theContractor. Contractor's tender including the letters of clarifications between the contractor and theAAI prior to the award ofcontract shall form a part of the Contract Agreement to theextenttheyhavebeenacceptedbyAAI.
31.DAMAGE TO PERSON AND PROPERTY
The Contractor shall indemnify and keep indemnified AAI against all losses and claims for injuries or damage to any person or any property whatsoever, which may arise out of or in consequence of the work by them and against all claims, demands and proceedings of or in relation thereof.
Airports Authority of India,
Rajiv Gandhi Bhawan,
Safdarjung Airport,
New Delhi-110003
Ph : 91-11-24632950
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