s
Tender Document
For
Operation of Pay & Park System at
Vashi Railway Station
Forecourt Area.
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
January 2012
Price: Rs 2,000/-
(Rs. Two Thousand only)
CIDCO
WE MAKE CITIES
THE SENIOR TRANSPORTATION ENGINEER (I)
T&C Dept/ ACE(RP)
City & Industrial Development Corporation of Maharashtra Ltd.
CIDCO Bhavan, CBD Belapur, Navi Mumbai-400614
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 1
CITY & INDUSTRIAL DEVELOPMENT CORPORATION OF
MAHARASHTRA LTD.
Name of Work: Operation of Pay & Park System at Vashi Railway
Station Forecourt Area.
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Due on : 29/02/2012/ 17.00 hrs on web site
www.cidco.maharashtra.etenders.in
Price: Rs 2,000/-(Rs. Two Thousand only) (Non-Refundable)
OFFICE:
SENIOR TRANSPORTATION ENGINEER (I)
CIDCO of Maharashtra Limited,
CIDCO Bhavan, 6th Floor,
CBD BELAPUR, Navi Mumbai
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 2
Name of Work: Operation of Pay & Park System at Vashi Railway
Station Forecourt Area.
INDEX
Sr. No. Chapter Page No
1. Tender Notice …………………………………………………………. 3
2. Tendering Programme………………………………………………... 8
3. Notice of Tender and Instructions to Tenderers …………………… 10
4. Scope of Work…………………………………………………………. 18
5. Terms & Conditions of Contract……………………………………… 21
6. Additional Conditions of Contract……………………………………. 31
7. Proforma of Submission of Tender……………………………….. 36
8. Form of Payments ………………………………………………..…... 39
9. Form of Agreement……………………………………………………. 42
10. Form of Bank Guarantee……………………………………………... 48
11. Plan……………………………………………………………………. 51
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 3
1.0 TENDER NOTICE
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 4
Tender Notice
CIDCO of Maharashtra Limited through the process of e-tendering invites “On-line”
tenders from the experienced bidders for the “Operation of Pay & Park system at
Forecourt area of Vashi Railway Station, Navi Mumbai” under
C.A.05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall) as per below mentioned details.
Sr.
No. Description Details
1. Base Price Rs.2,08,00,000/-(Two crores eight Lacs Only)
2. E.M.D. Rs.2,10,000/-(Two Lacs Ten Thousand Only)
3. Period of operation 3 years (36 months)
4. Cost of Tender Document
Rs.2,000.00 (Non-Refundable)
Tender programme will be available on the web site
www.cidco.maharashtra.etenders.in from 27/1/2012
Eligibility Criteria
1) Solvency Certificate: Bank solvency certificate from any Nationalised / Schedule Bank for an amount not less than Rs. 40.00 lakh
2) Annual Turnover : The average annual turnover for the last three financial years shall not be less than 52 lacs (as per for Proforma – B)
3) Experience: A minimum work experience of one year in operation of Pay & Park systems of any Govt./Public Sector/ Star Hotel is essential . Proof to above effect is required to be submitted at the prequalification stage.
Notes:
1. The Pre-qualification On-Line submission shall be accompanied by applicant
Information (as per Proforma A), Details of work experience for the last 4 years,
attested copies Valid Bank Solvency Certificate, ITR-for the assessment year
2011-12, Pan Card, Address Proof, Details of annual turnover (as per Proforma
B). The applicant should also produce original documents for verification if
called for. Failure to attach necessary documents with application will render
applicant ineligible for purchase / download of blank tender without any
intimation.
2. Tender documents shall neither be sent nor received by Post/Courier.
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 5
3. Right to issue/download tender documents is reserved with CIDCO. CIDCO
reserves right to reject any or all tenders without assigning any reason and the
same shall be at the entire discretion of CIDCO. CIDCO‟s decision in this
respect shall be final and binding.
4. Conditional tenders shall be summarily rejected.
5. The offer shall remain valid for a period of One Hundred Twenty (120) days
from the date of submission of tender.
6. EMD shall be submitted in the form of Demand draft in the name of CIDCO Ltd.
drawn on Nationalized / Scheduled Bank payable in Mumbai / Navi Mumbai
only.
Those tenderers who are eligible to quote this tender and having EMD
Exemption certificate from competent authority of CIDCO shall be required to
pay the differential EMD amount in the form of Demand draft in the name of
CIDCO Ltd. drawn on Nationalized / Scheduled Bank payable in Mumbai / Navi
Mumbai only. Differential EMD means EMD required to be deposited as per
Tender Notice minus the amount deposited with CIDCO for availing the facility
of EMD Exemption.
7. No interest is payable to tenderer on the EMD amount paid along with this
tender.
8) Tender Price Money will be accepted by Demand Draft only, drawn in favour of
“CIDCO Ltd.” payable at Navi Mumbai and copy of the receipt shall be uploaded
before purchase of tender document.
9) Tenderers are requested to send their queries (if any) to Transportation
Engineer (N-II) on email – [email protected]
10) For further details regarding the above, contact Transportation Engineer (N-II),
7 th floor, CIDCO Bhavan, C.B.D. Belapur, Navi Mumbai. Tel. No. 67918635.
11) For any details regarding E-Tendering system in CIDCO, you may contact
Service Provider M/s. Sify Nex Tenders (India) Pvt. Ltd., Yuchit, Juhu Tara
Road, Mumbai-400 049, Tel No. 022-2661 1117- ext 25/26 / 02025315555/56
or Mob. No.9819139090,9167969614 email – [email protected]
12) Tenderers are required to pay professional fees to the service provider M/s. Sify
NexTender for uploading the prequalification document and also for uploading
the main tender documents, if pre-qualified.
Senior Transportation Engineer (I)
CIDCO Limited
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 6
PROFORMA A
APPLICANT INFORMATION
Sl.No Description Details
1 Name of the firm:
2 Address of the firm:
3 Telephone No:
4 Fax No:
5 Mobile Telephone No:
6 Year of Incorporation:
7 Whether the firm is a Proprietary or Registered Partnership Company (Attested Photocopy of Affidavit or Partnership Deed or Articles and memorandum of Association can be enclosed )
8 Name of Sole Proprietor / Partners / Directors with particulars
9 Name of person holding the power attorney (attested Photocopy of power of attorney be enclosed)
10 The entrepreneurs should submit an
affidavit on Rs 100/- court fee stamp,
declaring that He/She has not been
declared as bankrupt by any institution or
Govt.,He/She is not blacklisted by Govt.
for failure to pay any Govt. dues, He/She
has not been adjudged by any court as
insolvent, not convicted under any law for
an offense involving moral turpitude or any
criminal activities etc.
Signature of Tenderer
Date:
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 7
PROFORMA B
Format A- for Annual Average Turnover for last Three Financial years
Sl No Assessment
Year
Annual Turn over
(Rs in Lacs)
1 2011-2012
2 2010-2011
3 2009-2010
(A) TOTAL:
(B) AVERAGE TOTAL TURNOVER PER YEAR:
Note: Attach audit Balance Sheet.
Signature of Tenderer
Certified by Chartered Accountant
Date:
Place:
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 8
2.0 TENDERING PROGRAMME
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 9
TENDERING PROGRAMME
Name of Work : Operation of Pay & Park System at Vashi Railway Station Forecourt Area.
C.A.NO.05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Sr.N
o.
CIDCO Stage Vendor Stage Start Date & Time
(dd.mm.yy/hh:mm)
Expiry Date & Time
(dd.mm.yy/hh:mm)
1 Release Documents 27.01.2012/10.00 Hrs. 27.01.2012/19.00 Hrs.
2 Purchase Document 27.01.2012/19.01 Hrs. 09.02.2012/13.00 Hrs.
3 Download, & Prepare
complete Document for
Handover
27.01.2012/19.01 Hrs. 09.02.2012/13.00 Hrs.
4 Close New Entries 09.02.2012/17.01 Hrs. 10.02.2012/17.00 Hrs.
5 Handover online the
Prepared Documents
10.02.2012/17.01 Hrs. 14.02.2012/15.00 Hrs.
6 Prequalfy Opening & Short
listing of Tenders
14.02.2012/15.01 Hrs. 17.02.2012/17.00 Hrs.
7 Main Tender Preparation &
Release
17.02.2012/17.01 Hrs. 20.02.2012/17.00 Hrs.
8 Main Tender Document
Purchase
20.02.2012/17.01 Hrs 24.02.2012/17.00 Hrs.
Date of Receipt of Queries
from Bidders 20.02.2012/17.01 Hrs 25.02.2012/17.00 Hrs.
Last Date of Reply to queries 25.02.2012/17.01 Hrs. 27.02.2012/17.00 Hrs.
9 Complete Technical
Preparation for Handover
27.02.2012/17.01 Hrs 29.02.2012/17.00 Hrs.
10 Complete Commercial
Preparation for Handover
(Schedule ‘A’)
27.02.2012/17.01 Hrs 29.02.2012/17.00 Hrs.
11 Close New Entries 29.02.2012/17.01 Hrs. 29.02.2012/18.00 Hrs.
12 Handover the Prepared
Documents
29.02.2012/18.01 Hrs. 02.03.2012/15.00 Hrs.
13 Opening & scrutiny Original
Documents
02.03.2012/16.00 Hrs. 05.03.2012/17.00 Hrs.
14 Financial Bid Opening 02.03.2012/16.00 Hrs. 05.03.2012/17.00 Hrs.
1) Submission of original Demand Draft towards cost of tender document, original Demand Draft for EMD
documents and affidavit on Rs 100/- stamp paper as specified in the Proforma A on 02.03.2012 during office
hours in the office of Transportation Engineer (N-II), 7th
floor, CIDCO Ltd., CIDCO Bhavan, CBD-Belapur, Navi
Mumbai.
2) Tenderer may attend financial bid opening as mentioned above. No separate intimation will be given regarding
tender opening.
_______________________
Signature of Tenderer Senior Transportation Engineer (I)
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 10
3. NOTICE OF TENDER AND INSTRUCTIONS
TO TENDERERS
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 11
3.NOTICE OF TENDER AND INSTRUCTIONS
TO TENDERERS
3.1 TENDER DOCUMENTS
3.1.1 The tenderer should attach scanned copies of attested documents in PDF
format for “ON-LINE” submission.
3.2. DOWNLOAD OF BLANK TENDER FORM
Contractors intending to download tender for the work shall first get pre-
qualified for the work by applying on-line for prequalification and attach all
relevant documents required by the Employer. Only those contractors short
listed / pre-qualified shall be able to download the tender document. The
right to decide whether a contractor/firm fulfils the requirements for
downloading tender forms, rests entirely with the tender issuing authority of
the Employer.
3.3 EARNEST MONEY
The tenderer shall deposit and keep deposited (for the period specified
hereafter) with CIDCO a sum as shown in this tender notice as the Earnest
money. The Earnest Money shall be deposited By Demand draft in favour of
CIDCO Limited payable at Mumbai.
FIXED EMD : The agencies who are eligible to quote the tenders based on EMD
Exemption by depositing requisite amount with CIDCO Ltd., are required to
pay the difference in amount of EMD fixed for the present tender and amount
already deposited with CIDCO Ltd., for availing the facility of EMD exemption.
The tenderer shall upload the same and also submit attested copy of valid
EMD exemption certificate issued by competent authority of CIDCO Ltd to the
tender issuing authority prior to opening of financial bids.
Tenderers are required to submit the tender fee of Rs.2000/- (Rupees Two
Thousand only) (Non-Refundable) by way of separate demand draft drawn in
favour of “CIDCO Ltd.” payable at Mumbai / Navi Mumbai and the same
should necessarily be scanned and uploaded in PDF format for downloading
the on-line tender document.
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 12
The scanned copy of the valid E.M.D. documents of appropriate amount in PDF
format shall be uploaded along with submission of on-line tender. Original
Demand Draft towards cost of tender document, original EMD documents
(Demand Draft), and Proforma of submission of tender shall be submitted in
sealed Envelope as prescribed in tendering programme. Financial bid will
not be opened till the above documents are submitted. In no case the cost
of tender document should be clubbed with E.M.D. amount.
3.3.1 The failure or omission to deposit or keep deposited the Earnest Money shall
disqualify the tenderer for that tender.
3.3.2 No interest shall be payable by CIDCO in respect of such deposited Earnest
Money.
3.3.3 The Earnest Money of an unsuccessful tenderer shall be refunded after the
final decision on the tenders or on expiry of the validity period whichever is
earlier on presenting receipt thereof.
3.3.4 a) Invitation by CIDCO to submit the tender on-line shall be a proposal and
the on-line submission of a tender by the tenderer shall be an acceptance of
such proposal to win the contract. The tenderer shall not revoke his offer or
vary its terms and conditions without the consent of CIDCO during the period
of 120 days counted from the last day appointed by CIDCO for submission of
tenders on-line. If the tenderer shall revoke the tender or vary its terms or
conditions contrary to his promise to abide by this condition, the Earnest
Money Deposited by him shall stand forfeited to CIDCO without prejudice to
its other rights and remedies.
b) The authorized signatory of the Successful tenderer shall duly sign with
their company seal on each page of the hard copy of the tender documents
prepared, within 7 (seven) working days after issue of Letter of Acceptance
(LOA).
3.3.5 If CIDCO shall accept the tender and signify such acceptance to the tenderer,
the earnest Money so deposited with CIDCO by Demand Draft shall be
appropriated towards Security deposit payable by the contractor.
3.3.6 In case of the successful tenderer, on payment of the required amount of the
Security Deposit, the Earnest Money Deposited in the form of Demand Draft
shall be refundable to the tenderer in the event of CIDCO deciding the award
of the contract.
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 13
3.3.7 The E.M.D. of the successful tenderer shall be forfeited if
3.3.7.1 He withdraws/revokes his offer or modifies/changes the same during the
validity of the tender, or if after the acceptance of his tender, the contractor
fails or neglects to furnish the Security Deposit and first advance installment
within 15 days.
3.3.7.2 The E.M.D. of the successful tenderer shall be entitled for forfeiture if he fails
to execute contract agreement within 30 days from the date of issue of
acceptance letter.
3.3.7.3 The E.M.D. of the successful tenderer shall be entitled for forfeiture if he fails
to commence; the work within 30 days from the date of issue of Letter of
Acceptance.
3.3.7.4 The tenderers may also be dis-qualified for tendering for further works in
CIDCO as provided in foregoing Clause No.3.3.4 on Sl.Pg.No.12.
3.4 INTERPRETATION OF CONDITIONS OF CONTRACT
The tenderer shall be deemed to have studied all plans, scope of work, terms
and conditions of tender, additional condition of contract and visited the site
of work and made himself acquainted with the site conditions, nature of work
approach road to the site, and all mater pertaining there to at his own cost
before on-line submission of tender, whether the tenderer inspects them or
not.
The tenderer shall be deemed to have made independent enquiries about
probable taxes leviable by the local civic authority or the Government. The
ignorance about probable taxes to be paid either to the local civic authority or
to the government shall not be considered as an excuse. The amount quoted
by tenderer shall be deemed to excluing all the taxes, octroi, duties, royalties
etc., payable under the rules to local civic authority, and/or
Government/Statutory body.
The tender shall carry out the financial feasibility of operation of pay and park
system at Vashi Railway station and accordingly quote the financial offer.
The tenderer shall take note that the cost incurred for operation and
maintenance of Pay & Park system, maintenance of guard cabins as indicated
in the plans enclosed,. shall be entirely borne by him. No payment whatsoever
shall be made by CIDCO in this regard.
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 14
Sum due from agency as per clause no. 5.6.1, 5.7, and 5.17 towards Monthly
Installment (MI), Delay Payment Charges (DPC) and Tax Collected at Source
(TCS) by a Demand Draft drawn on any Nationalised / Scheduled Bank in
favour of CIDCO Ltd. Shall be paid by agency as per clause no. 5.18 in the
prescribed “forms of Payment” i.e. Form 8.1 & Form 8.2.
Any bribe, commission or advantage offered or promised by or on behalf of
any tenderer to any Officer or Employee of the Corporation shall in addition to
any criminal liability which the tenderer may incur, disqualify the tenderer and
his offer shall be liable to be summarily rejected. Canvassing in any form by or
on behalf of the tenderer will also result in disqualification.
The tender is for quoting price offer for appointment of Agent for a period of
Three years for “Operation of Pay & Park system at Vashi Railway Station”.
On-line submission of tender implies that tenderer has read these conditions
and other contract documents of the tender as well as the conditions of the
tender and has made himself aware of the same as also about the conditions
and other factors having bearing on the execution of the order.
3.5 BLANK TENDER FORM
Blank tender form shall be downloaded from the website. Any other
additional information and/or clarification can be had from the office of
Transportation Engineer (N-II), 7th Floor, CIDCO Bhavan, CBD Belapur on all
working days during the office hours.
3.6 METHOD OF SUBMISSION OF TENDER
The complete tender submission, “ON-LINE” on the website
cidco.maharashtra.etenders.in, can be made only after payment of requisite
fees through payment gateway of the service provider by pre-qualified
tenderers.
3.6.1 Tender should be submitted through website http://cidco.maharashtra.
etenders.in and on-line only.
3.6.2 Late tender offers : Tenderer’s grievance / complaint on account of non-
submission of tender due to problem in internet, electricity or any other
reason will not be considered.
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 15
3.6.3 The tender shall be submitted along with the following scanned documents in
PDF format
a. Proforma of submission of tender
b. Demand Draft towards tender document fee
c. Demand Draft towards Earnest money deposit.
3.7 METHOD OF OPENING OF TENDER
On the date and time specified in the tender programme, the tenders will be
opened in the presence of tenderers / their representative through e-
tendering procedure at SAP Office, 6th Floor, CIDCO Bhavan, CBD-Belapur,
Navi Mumbai.
CIDCO reserves the right to reject any or all offers. CIDCO is not bound to give
any reason for not considering such offers.
3.8. VALIDITY OF TENDER
Validity of the tender shall be 120 days from the specified date of receipt of
tender by CIDCO.
3.9. IMPORTANT POINTS TO BE NOTED BY THE TENDERER
a] The on-line submission of tender document should be done on website by
the eligible contractors as per tender programme. The tenderer has to
quote only the Offer Amount in figures for the operation of pay and park
system for a period of three years.
b] The bid Value shall be excluding all taxes, octroi, levies, duties etc. to be
paid by the tenderer for the work and claim for extra payment on any such
account shall not be entertained.
c] Tenderer shall deemed to have studied all plans, specifications, terms and
made himself/themselves acquainted with the site and availability etc.
before submitting the tender.
d] At any time prior to the deadline for (receipt) of tender, the Employer may
amend the tender documents by issuing Corrigendum.
e) Any corrigendum as well as clarification thus issued shall be a part of the
tender documents and it will be assumed that the information contained
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 16
in the amendment have been taken into account by the tenderer while
submitting the tender.
f) To give prospective tenderers reasonable time in which to take the
amendment into account in preparing their tenders, the Employer shall
extend, at its discretion, the deadline for submission of tenders, in which
case, the Employer will notify all tenderers by placing it on website of the
extended deadline and the same will be binding on them.
g] The Employer is not bound to accept the Highest or any tender. The
Employer reserves the right to reject any or all tenders received without
assigning any reasons whatsoever.
h] This detailed tender notice shall form part of tender documents.
i] During the contract period, the tenderer shall pay TCS as applicable on that
will be in force from time to time by Income Tax Act . The tenderer shall
quote the financial offer excluding the TCS.
j] The successful tenderer is required to execute an agreement on stamp
paper of appropriate value in the proforma attached with the tender
documents. The agreement shall be signed within a period of 30 days
from date of acceptance of the tender.
3.10 ACCEPTANCE OF TENDER
Acceptance of tender on behalf of the Employer shall be done by an officer to
whom the powers are delegated by the Management
3.11 SECURITY DEPOSIT
Within fifteen days of receipt of the intimation of Acceptance of the offer,
the tenderer shall deposit and keep deposited an amount equivalent to 6
monthly installments of quoted amount by the tenderer for a period of six
months beyond the last day of the contract for due observance and
fulfillment of the terms and conditions of the contract. The tenderer shall
pay the amount of Security Deposit by a Demand Draft drawn on any
Nationalised / Scheduled Bank in favour of the Corporation or through a
Bank Guarantee from a Nationalised / Scheduled Bank in Mumbai or Navi
Mumbai.
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 17
3.11 EXECUTION OF CONTRACT AGREEMENT
The successful tenderer is required to execute a contract agreement in the
form attached with the tender documents on stamp paper of proper value.
The proper value at present is Rs.100/-. The contract agreement should be
signed within 30 days from the date of acceptance of the tender.
3.12 The Contractor shall pay the Contract Sales Tax and turnover tax etc. directly
to the Government. CIDCO shall not take any responsibility for any kind of tax
payment to the Government at any point of time.
3.13 The tenderer shall furnish truly & faithfully the foregoing information by an
Affidavit on a Non-Judicial stamp paper of Rs.100/-. If any information so
furnished shall be found to be untrue or false, the tender shall be liable to be
dis-qualified and the Earnest Money / Performance Security as the case may
be accompanying such tender shall stand forfeited to CIDCO. If the
information so furnished shall be found to untrue or false during the
currency of the contract, the tenderer shall be held to be in default and the
contract if any awarded to him shall be liable to be terminated with its
consequences.
3.14 Notice of tender and these instructions shall form part of the contract.
_________________ ________________________________
Signature of Tenderer Senior Transportation Engineer (I)
Date : Date :
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 18
4.0 SCOPE OF WORK
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 19
4.0 SCOPE OF WORK
The scope of work includes “Operation of Pay & Park at Vashi Railway Station” as indicated in the enclosed plan. Following works shall be carried out by the Agency.
4.1 Parking area
i. The Pay & Park system shall be restricted to Car parking & two wheelers and cycles only, within the designated area shown in the plan.
ii The Pay & Park system shall be operated in the Forecourt area of Vashi Railway Station, as designated below: (See Plan attached)
Parking Block no. 1 & 3 : Car Parking
Parking Lot no. 2 : Two wheeler and Cycle Parking
iii. Fare boards, parking stand boards and entry & exit boards of size approved by CIDCO with FRP backing and retro reflective lettering mounted on GI pipes shall be provided for the above blocks as per requirement.
iv. The agent shall regulate the movement of vehicles in parking bays and should also to ensure that there is sufficient circulation space to maneuver the vehicle.
v. Providing road signs and marking of roads, parking bays, speed breakers etc. within parking area shall be carried out regularly by the Agency at its own cost.
vi. The parking area shall be kept open for parking of vehicles round the clock.
vii. The parking area should be swept and cleaned regularly to the satisfaction of Engineer-In-charge.
4.2 Entry and Exit Points
i. The agent shall provide adequate personnel for regulating vehicles, issuing tokens, collection of parking charges and recording the entry and exit of vehicles.
ii. The agent shall repair portable cabins at the CIDCO approved locations at his own cost, for operating the Pay & Park system and shall hand over the same to CIDCO in good condition on expiry of contract.
iii. The agent shall repair/replace the lifting barriers and keep them in working condition.
iv. The charges towards the electricity, telephone, water etc. shall be borne by agent and paid to concerned authorities.
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 20
4.3 Security
The agent shall provide adequate security personnel round the clock in the parking areas and at the entry and exit gates.
Signature of Tenderer Sr. Transportation Engineer (I)
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 21
5.0 TERMS AND CONDITIONS
OF CONTRACT
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 22
5.0 TERMS AND CONDITIONS OF CONTRACT
5.1 General
5.1.1 a. The term “Agent” shall mean and include the person or persons, firm or company
who has been appointed as agent by the Corporation to collect on its behalf the
parking charges for cars, two wheelers and three wheelers and do the works as
per the scope of work and in the case of natural death, the persons, him/he,
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.
b. The term Pay & Park system parking area shall mean the area meant for parking
of cars & two wheelers operated with pay and park system located at Forecourt
area of Vashi Railway Station , Navi Mumbai. (Restricted to the areas indicated in
the plans only).
c. The term “Contract” shall mean and include: (i) Tender Notice (ii) Scope of Work
(iii) Procedure of Tender submission (iv) Instructions to the tenderer (v) Terms
and Conditions of Contract (vi) Additional Conditions of Contract (vii) Form of
Offer (viii) Form of Payments (ix) Form of Agreement (x) Form of BG in lieu of SD
(xi) Plans (xii) Mutually accepted conditions in the authorised correspondence
exchanged with the agent by the Corporation.
d. The term “Contract Amount” shall mean the sum quoted by the agent in his offer
and accepted by Corporation/Competent Authority.
e. The term “Corporation” shall mean the City and Industrial Development
Corporation of Maharashtra Limited.
f. The term „Engineer in charge‟ shall mean the Assistant Transportation Engineer
for the time being in charge of the Forecourt area of Vashi Railway Staion, Navi
Mumbai Pay & Park parking system.
g. The term „Executive-in-Charge‟ shall mean the Transportation Engineer for the
time being in charge for the Forecourt area of Vashi Railway Station, Navi
Mumbai Pay & Park parking system.
h. The term Sr. Transportation Engineer (I) shall mean the Sr. Transportation
Engineer for the time being in charge of the Railway Stations pay and park
system.
i. The term Additional Chief Engineer (RP) shall mean the Additional Chief
Engineer for the time being in charge of the Railway Stations pay and park
system.
j. The word „Competent Authority‟ mean the authority who is authorised or
empowered to act upon by any law or codal provisions by Corporation.
k. The term “Agent” and “Tenderer” are used synonymously in this document.
l. The “Accepting Authority” shall mean the Additional Chief Engineer (RP), Railway
Project, CIDCO, Navi Mumbai.
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m. A “Day” shall mean a day of 24 hours from midnight to midnight irrespective of the
number of hours worked in that day, unless otherwise specified.
n. A “Week” shall mean seven consecutive days without regard to the number of
hours worked in any day in that week.
o. Excepted Risks are risks due to riots (except otherwise than among tenderer‟s
employees) and civil commotion (in so far as both these are uninsurable), war
(whether declared or not), invasion, act of foreign enemies, hostilities, civil war,
rebellion, revolution, insurrection, military or usurped power, any acts of God,
such as earthquake, lightning and unprecedented floods over which the agent
has no control and accepted as such by the Accepting Authority.
5.2 Parties to the contract
5.2.1 The parties to the contract are the agent and the Corporation or its assignees under
law.
5.2.2 The person signing the tender or any other document forming part of the tender on
behalf of other person or firm shall be deemed to warrant that he has authority to bind
such other persons 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 Corporation
represented through the Executive-in-Charge may without prejudice to any other civil /
criminal remedies, terminate the contract and hold the signatory liable for all costs and
damages consequent on such termination.
5.3 Sub-letting
The agent shall not sub-let, transfer or assigns the contract or any part thereof without
the previous written approval of the Corporation. In the event of the agent contravening
this condition, Corporation shall be entitled to terminate the contract. The agent shall be
liable for any loss or damage which the Corporation may sustain in the consequence or
arising where upon.
5.4 Relationship with third parties
All transactions between the Agent and third parties shall be carried out as between two
without any reference to committing or purporting to commit the Corporation in any
manner. The agent undertakes to make such third parties fully aware that the agent has
no authority to bind the Corporation in any manner.
5.5 Period of Contract
The period of contract shall be for Three years only commencing from the actual date
the Executive-in-Charge authorises the agent to collect the parking charges from the
pay & park system in writing.
5.6 Commission of Tenderer
5.6.1 The agent shall not be entitled to receive any commission from the Corporation for
collection of parking charges during the period of contract. The agent is entitled to earn
his commission in the form of excess parking charges accrued over the contract sum
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during contract period, regardless of the amount of parking charges collected. The
agent shall from the date of his appointment as an agent continue to remit to
Corporation the amount of offer in monthly installments in favour of the Corporation as
per the table given below in advance.
TABLE NO.1
No. of Installments Amount of Installment Date of Payment
First Installment 1/36th of the offer amount Before the issue of work
order in addition to
Security deposit.
Subsequent monthly
Installments
1/36th of the offer amount In the first week of every
month in advance
5.7 Penalty
a) The monthly installments shall be paid by the agent as per the Table No.1 in
5.6.1. If the agent fails to deposit the amount by DD in the office of the
Engineer- in-charge in the first week of every month, then a penalty of 18
percent per annum on the installment amount will be applied automatically
without any intimation or notice by the Engineer-in-charge to the Agent. The
Agent shall deposit the entire amount of the previous month‟s default amount
along with penalty plus the installment payable in that month.
b) The parking area should be swept & cleaned regularly, failure to which will
attract a penalty of Rs. 100/- per day upto a week and later Rs. 200/- per day.
c) Non compliance of the following activities will attract a penalty of Rs. 100/- per
day upto a week and Rs. 200/- thereafter.
i) Maintaining compliant book so that users can record their grievances.
ii) Issue of approved tokens to the users of the system.
iii) The supervisors and ticket issuers shall wear identity cards & uniforms.
iv) Cleanliness of the premises.
v) Absence of required number of staffs in the parking lot
vi) Instructions by the Engineer and his/her officers.
vii) Misbehaving with the customer.
viii) Not maintaining the proper circulation space for the smooth parking of
vehicle.
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5.8 Parking ticket
The agency should get the format of the parking ticket approved from the Corporation.
Expenses towards printing etc. are to be borne by the agency only.
5.9 Parking charges
5.9.1 The Agent shall recover parking fees only at the rates mentioned in the Schedule as
given below. The Agent has no freedom to change these rates.
Sr.No. Type of Vehicle Parking Charges
1. Car/Three Wheelers Rs. 9.00 for every 4 hours or part thereof.
2. Two Wheelers Rs. 7.00 for first 12 hours and Rs. 7.00 for
every additional 6 hours or part thereof.
3. Cycle Rs.1.00 for every 12 hours and Rs.1.00 for
every additional 6 hours or part thereof.
5.9.2 Following types of vehicles are exempted from paying the parking fee:
i. Police Vehicles
ii. Fire fighting vehicles
iii. Ambulances
iv. Vehicles of CIDCO employees showing Identity cards.
5.10 Revision of parking fees
Revision of parking charges shall be made @ 10%(plus) in the beginning of the second
year. Upon revision the parking fee would be rounded to the nearest upward rupee.
However, this revision is not applicable in the case of cycles.
S.No. Type of Vehicle Parking Charges
1. Cars/Three wheelers Rs. 10.00 for every 4 hours or part thereof
2. Two wheelers Rs. 8.00 for first 12 hours and Rs. 8.00 for
every additional 6 hours or part thereof.
3. Cycle Re. 1.00 for first 12 hours and Re. 1.00 for
every additional 6 hours or part thereof.
5.11 The agent shall submit an insurance policy including fire, accident and loss /theft of
vehicle or parts there of as per the details given below:
Principal : CIDCO
Any one incident : Rs. 20 lakhs
Aggregate during one year period : Rs. 50 lakhs
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The insurance policy shall be operative throughout the period of contract. It should be
clearly understood by the agency that this insurance is a precautionary measure and
will not limit the total liability of the agency in any way.
5.12 The agent will neither display any advertisement nor provide any railing/beautification at
the site of Pay & Park scheme without the permission of the Corporation.
5.13 Execution of agreement and furnishing of guarantee
The Agent shall, within thirty days of receipt of the letter of acceptance from the
Corporation, execute an agreement on appropriate stamp papers.
5.14 Set-off
Any sum of money due and payable to the Agent including Security Deposit returnable
to the Agent under this contract may be appropriated by the Corporation and set off
against any claim of the Corporation for the payment of any sum of money arising out of
or under any other contract made by the Agent with the Corporation.
5.15 Earnest Money Deposit
5.15.1 The tender must be accompanied by earnest money deposit (E.M.D) as indicated in the
notice to be paid by demand draft payable to CIDCO at any Schedule/National Bank
located in Mumbai or Navi Mumbai. The tenderer should mention the demand draft no.,
drawee bank and date in the blank provided for this purpose in the form of offer. No
interest will be allowed on the earnest money deposit.
5.15.2 The earnest money deposited by the unsuccessful tenderer will be refunded as soon as
possible after the tender is settled, upon the tenderer surrendering to the Corporation,
the receipt for the earnest money duly discharged. The earnest money of the successful
tenderer can be adjusted towards part of the security deposit. The earnest money will
be forfeited if the tender is withdrawn by the tenderer after its closing date and before
the expiry of the validity period. If it is discovered that the tenderer has submitted more
than one tender under different names, all their tenders will be rejected and earnest
money will be forfeited.
5.15.3 If tenderer fails to deposit the security deposit within 15 days from the issue of letter of
acceptance or withdrawn from the tender after its closing date and before the expiry of
the validity period, the amount of earnest money will stand forfeited to CIDCO and the
agency will be barred from participating in CIDCO‟s pay and park tenders as decided by
the corporation.
5.16 Security Deposit
5.16.1 The Tenderer shall pay within 15 days of the acceptance of his offer, security deposit of
6 months installments of tender amount committed by the tenderer in the form of
Demand Draft or Bank Guarantee from a Nationalised/Scheduled Bank in Mumbai or
Navi Mumbai in favour of Corporation failing which E.M.D. shall be forfeited to
Corporation. The said deposit will not carry any interest whatsoever.
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5.16.2 In the event of any default on the part of the Agent to comply with any of the terms of
this contract or in the event of summary termination of the contract by Corporation
under any clauses, the Corporation shall have the right to forfeit the entire or part of the
amount of security deposit, lodged by the Agent and to appropriate the Security Deposit
or any part there of or towards the satisfaction of any claim of the Corporation for any
damage, losses, costs, charges or expenses or otherwise whatsoever. The decision of
the Additional Chief Engineer (RP) in respect of such damages, losses, cost, charges or
expenses or otherwise howsoever shall be final and binding on the Agent.
5.16.3 In the event of the Security Deposit being found insufficient or if the Security Deposit
has been wholly forfeited, the balances of the total sum recoverable as the case may
be, shall be deducted from any sum due to them or which at any time thereafter may
become due to the Agent under this or any other contract with the Corporation, should
that sum also be not sufficient to cover the full amount recoverable. The Agent shall
forthwith pay to the Corporation on demand the remaining balance due.
5.16.4 Upon the compliance by the Agent with all obligations and requirements under this
agreement, the deposit or such part there of as shall not have been forfeited or
appropriated as aforesaid, shall be refunded to the agent after the expiry of the contract.
5.17 Tax Collected at Source (TCS)
During the contract period, the tenderer shall pay TCS as applicable on that will be in
force from time to time by Income Tax Act. The tenderer shall quote the financial offer
excluding the TCS.
5.18 Payments by Agency
Sum due from agency as per clause no. 5.6.1, 5.7 and, 5.17 towards Monthly
Installment (MI), Delay Payment Charges (DPC) and Tax Collected at Source (TCS) by
a Demand Draft drawn on any Nationalised / Scheduled Bank in favour of CIDCO Ltd.
Shall be paid by agency as per clause no. 5.18 in the prescribed “form of Payments” i.e.
Form 8.1 & Form 8.2.
5.19 Validity of Offer
5.19.1 The tender shall hold the offer open till 120 days from the specified date of receipt of
tender.
5.19.2 Acceptance of the tender will be notified by the Executive-in-Charge in writing who will
be authorised by the Corporation to act on its behalf addressed to the tenderer at the
address given in the tender. A certificate of posting of such letter shall be conclusive
evidence that the tenderer was duly notified and become aware of the acceptance of his
tender.
5.20 Operation and Maintenance
5.20.1 The successful tenderer may have to use the cabins provided for the Pay and Park
System wherever available. There should be no encroachment at any time of the
contract. The maintenance and upkeep of the cabins along with furniture will be the
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responsibility of the agent. Any damage done to the cabins shall have to be made good
by the agent to the satisfaction of the Corporation.
5.20.2 Successful tenderer must get printed the schedule of parking fee accepted, on the
token to be issued to the user of the Pay and Park system and issue receipts for the
amount received.
5.20.3 The agent is entirely responsible for any thefts, pilferage or damage to the vehicles
while they are parked in the parking areas of the Forecourt area of Vashi Railway
Station, Navi Mumbai.
5.20.4 No vehicles should be allowed to be parked outside the designated parking area.
5.20.5 The agent should not occupy excess parking area than the area allotted and if noticed
occupying excess parking area, action will be taken to terminate the contract/recover
penalty as deemed fit.
5.20.6 The tenderer shall before submitting his offer, take into account and provide for
payments which he has to make under provisions of various taxation laws like Income
Tax Act, Sales Tax Act etc.
5.20.7 The agent is not permitted to levy any service charges or any deposit from the public
other than the parking fee. Boards indicating charges should be displayed at a
prominent place at each Pay and Park system as follows:
Sr.No. Type of Vehicle Parking Charges
1. Car/Three Wheelers Rs. 9.00 for every 4 hours or part thereof.
2. Two Wheelers Rs. 7.00 for first 12 hours and Rs. 7.00 for
every additional 6 hours or part thereof.
3. Cycle Rs.1.00 for every 12 hours and Rs.1.00 for
every additional 6 hours or part thereof.
5.20.8 The day-to-day maintenance of the parking area which includes the following is the
responsibility of the Agent.
i. Maintenance and up keep of portable cabins provided by the agent and the
existing cabins, if any, for the issue of receipts of token at the entry and exit
gates.
ii. The furniture like chairs, tables, almirahs, intercoms, fans, cash boxes,
emergency lights etc. shall be thoroughly checked by the agent before he takes
over their charge and will be responsible for their maintenance and return to the
Corporation at the expiry of contract. An under taking in this regard will be given
by the agent to the Corporation.
iii. The Agent shall make good any damages caused by his operations, to the
property of CIDCO in the parking area.
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iv. The Agent is responsible for ensuring that the vehicles are parked in an orderly
manner with sufficient circulation space and shall maintain the lifting barrier,
speed breakers are provided at the entry and exit gates, if any.
5.21 Penalties and Extension of Contract:
5.21.1 The agent shall pay monthly installment worked out based 1/36th
on the contract sum in
one month in advance. In case the agent fails to pay the monthly installment in time a
penalty at the rate of 18 percent per annum shall be levied on the sum due as
indicated in Clause No. 5.6.1 and 5.7
5.21.2 if for any reason the contract is extended beyond the expiry of date of the contract, the
agent shall pay the ongoing contract sum.
5.22 Termination of contract
5.22.1 Termination by Agent
The agent shall not terminate the contract before the expiry of the period of the license
except by giving 120 days (one hundred and twenty days) notice in writing, otherwise
the agent shall be liable for all damages, loss and consequences thereof and shall be
liable to pay to the Corporation (without any demur or question) such amount of money
as the corporation may decide or due to if by the agent.
In such event of termination, the corporation shall bar the agent at least for 3 years in
participating in pay and park tenders of the corporation and recover an amount
equivalent to one month installment as penalty or initiate such action as deemed fit.
5.22.2 Summary Termination
If the Agent being a natural person or a partnership firm dies/die or is adjudged
insolvent or commits any act of insolvency or being a limited company, is ordered to be
wound up or makes arrangements with its creditors 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, without prejudice to any other rights or
remedies of the Corporation under the contract.
If the Agent or servants of the Agent not being limited companies are convicted of any
offense under the Bombay Prohibition Act, 1949 and/or Bombay opium Smoking Act,
1936 and/or the Narcotic Drugs and psychotropic substances act, 1985, the Corporation
shall, at its discretion have the right to terminate the contract without notice and in that
event no compensation shall be payable by the Corporation to the agent on account of
such termination of the contract.
5.23 Fore closure of contract in full or in part
5.23.1 CIDCO reserves the right to foreclose the contract in full or part by giving a notice of 15
days to the agent.
5.24 Termination of contract for death
5.24.1 If the Agent is an individual or a proprietary concern and the individual or the proprietor
dies and if the Agent is partnership concern and one of the partners dies then unless
the Corporation is satisfied that the legal representative of the individual Agent, the
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proprietor of the proprietary concern and in case of partnership, the surviving partners,
are capable of carrying out and completing the contract, the Corporation shall be
entitled to cancel the contract as to its uncompleted part without the Corporation being
in any way liable to payment of any compensation to the estate of the deceased
contractor and/or to the surviving partners of the contractor‟s firm on account of the
cancellation of the contract.
5.24.2 The decision of the Corporation that the legal representative of the deceased Agent or
surviving partners of the Agent‟s firm cannot carry out and complete the contract shall
be final and binding on the parties. In the event of such cancellation the Corporation
shall not hold the estate of the deceased Agent and/or the surviving partners of the
Agent‟s firm liable in damages for not completing the contract.
5.25 Decision of Additional Chief Engineer (RP)
5.25.1 Except where otherwise provided or specified in the contract and subject to, such
powers as may be delegated to him from time to time by the Corporation, the decision
of the Additional Chief Engineer (RP) for the time being in charge of the said parking
area on all questions and matters whatsoever arising out of or in relation to or in
connection with this contract or as to the interpretation of any of its condition/s or
clause/s either during the subsistence of this contract or at any time thereafter shall be
final and binding on the tenderers to this contract.
5.26 The agent shall comply with the provisions of the Bombay Motor Vehicles Tax Act, 1958
(Bom.LXV of 1958) and rules made there under.
5.27 The charges for electrical, water, telephone supply connections etc. have to be borne
by the agent and all deposits and payments have to be made by the agency. However,
while the agency transfers these services to CIDCO at the expiry of contract, only
deposits will be returned to the agent.
5.28 In case of vehicles being found to be abandoned in the parking area, the same will be
intimated to traffic police for towing. A copy of the above letter shall be furnished to
CIDCO.
Signature of Tenderer Sr.Transportation Engineer (I)
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6.0 ADDITIONAL CONDITIONS OF CONTRACT
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6.0 ADDITIONAL CONDITIONS OF CONTRACT
6.1 General
6.1.1 The agent will have to abide by all the rules and regulations of minimum wages act
updated from time to time.
6.1.2 The agent has to make his own arrangements for residence of the staff working on Pay &
Park Systems. No accommodation will be made available by the Corporation.
6.1.3 The agent should make all his own arrangements for drinking water supply as well as for
other utilities, at his cost.
6.1.4 The agent will have to insure all the staff working on Pay & Park System.
6.1.5 Necessary security arrangements to protect the parking charge amount collected and to
protect the Corporation property should be made by the agent at his own cost and risk.
6.1.6 The agent shall provide uniforms and identity cards to his personnel working at the Pay &
Park systems. All personnel working at these systems should wear uniforms and identity
cards on duty.
6.1.7 The agent shall provide adequate number of staff for the safe and secure operation of the
Pay & Park system. If on inspection by the Corporation‟s representatives, the numbers of
staff deployed by the agent are found to be inadequate, the Corporation has the right to
give instructions to deploy additional staff. The agency has to comply with the same
within a period of 5 days. If the agency fails to comply with the above, the Corporation
can levy a penalty of Rs. 100/- per day for each default upto 7 days and thereafter Rs.
200 per day and can take other action including termination of contract.
6.2 Accident
In the event of an accident involving serious injuries or damages to human life or death of
any of his employee and or labours or trespassers, the same shall be reported within the
24 hours of the occurrence to the Engineer-in-Charge and the Commissioner of
Workmen‟s Compensation.
6.3 Disputes and Arbitration
No Arbitration is allowed.
In case of disputes or difference of opinion arising between the Engineer-in-charge and
the agent, the agent shall refer the matter to Transportation Engineer, through the
Engineer-in-charge with an advance copy to the Transportation Engineer. In case the
Transportation Engineer‟s decision is not accepted, the agent shall refer the matter to the
Sr. Transportation Engineer (I) through the Transportation Engineer with an advance
copy to the Additional Chief Engineer (RP). In case the Sr. Transportation Engineer‟s
decision is not accepted, the agent shall refer the matter to the Additional Chief Engineer
(RP) through the Sr. Transportation Engineer (I) with an advance copy to the Additional
Chief Engineer (RP). The Additional Chief Engineer (RP)‟s decision shall be final and
binding on the agent.
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6.4 Damage by Floods or Accidents
The agent shall take all precautions against damage by floods or from accidents etc. No
compensation is allowed to the agent on this account or for correcting and repairing any
such damage during operation of the system. The agent shall be liable to make good at
his cost any plant or materials belonging to the lost or damaged by flood or from any
other cause which are in his charge.
6.5 Relation with Public Authorities
The agent shall comply with all rules, regulations, bye laws and directions given from
time to time by any local or Public Authority in connection with this work and shall himself
pay fees, tax or charges which are leviable on him without any extra cost to the
Corporation.
6.6 Indemnity
The agent shall indemnify the Corporation against all actions, suits, claims and demands
brought or made against him in respect of anything done or committed to be done by the
agent in execution of or in connection with the work of this contract and against any loss
or damage to the Corporation in consequence of any suit or action being brought against
the agent for anything done or committed to be done during execution of the work of this
contract.
The agent shall at his own cost expenses engage watchmen for guarding the parking
areas against any pilferages or damages and also for prohibiting trespassers.
6.7 Cleanliness
6.7.1 The Agent shall, at his own cost, maintain the premises in a proper state of cleanliness
and abide by such directions as may be given by the Corporation and as may be
entrusted by the rules and regulations with the works of inspection and enforcement
about the conditions of sanitation, cleanliness and hygiene. If the premises is not
maintained in reasonably clean condition by the Agent, Engineer-in-Charge shall have
powers to get the premises cleaned at the risk & cost of the Agent and recover liquidated
damages at the rate of Rs. 100/- per day for each default upto 7 days and thereafter Rs.
200/- per day and can take other actions including termination of the contract.
6.7.2 All instructions given by the Engineer-in-Charge or any persons authorised by him in the
maintenance of public health of the parking area including sanitation, control &
prevention of infectious diseases, control and prevention of nuisance from insects,
rodents or any other source, shall be carried out by the agent and his servants.
6.7.3 The Agent, his agents and servants shall not without consent of the Corporation, interfere
with, injure, destroy or tender useless any work executed or any materials or things
placed in, under or upon any land or building with the object of preventing the breeding or
entry of mosquitoes or maintenance of sanitation.
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6.7.4 The Agent, his agents and servants shall not abuse the water sources, and drainage
facilities in the parking area so as to create a nuisance or unsanitary situation prejudicial
to public health.
6.8 The Agent shall employ only such servants who enjoy good character and are well
behaved and skillful in their business. As employment of child labour is banned by the
Government, the Agent shall ensure that no person below the age of 18 years shall be
taken into his establishment. He shall furnish to the Corporation in writing the name,
parentage, age, residence and specimen signature or thumb impression of all servants
whom he proposes to employ for the purpose of this Agreement before they are so
employed and the Corporation shall be at liberty to forbid the employment of any person
whom it may consider undesirable. The servants employed by him shall be under the
general discipline of the Corporation and shall confirm to such directions as may be
issued by the Corporation in respect of the use of toilet and wash rooms. He shall also
have the Character of all persons employed by him verified by the police to the
satisfaction of the Corporation, before the employment.
6.9 The Agent shall not damage the premises or any part of the parking area and in the
event of any damage being caused to the same intentionally or otherwise, by the Agent,
or his employees or invitees or customers, the Corporation shall be entitled to repair the
damage or make the requisite replacement and call upon the Agent to reimburse cost
thereof which the Agent undertakes to pay forthwith on demand.
6.10 Complaint Book
The Agent shall maintain a complaint book in a prominent place on the premises and in
such a way that it is easily accessible to any person who wishes to record any complaint
and the said book shall be open for inspection by the Officers of the Corporation.
6.11 The Corporation does not recognise any Association of the Traders and in case any
negotiation/bargain necessary with regard to the clarification of the Terms & Conditions
of the contract or modifications thereof, such negotiations should be sought by the Agent
and no collective representation/bargaining will be entertained.
6.12 Handing Over of the premises on expiry of contract
On expiry of the contract period or on termination of the contract by the Corporation on
account of any breach on the part of the Agent, the Agent shall deliver the possession of
the premises in good condition and in peaceful manner along with furniture, fittings,
equipments and installations, if any, provided by the Corporation. Further, Agent shall
remove his/their goods and other materials from the premises immediately, failing which
Corporation reserves its right to remove such goods/materials at the cost & risk of the
Agent and demand payment for such removal. If such payment is not made within 10
days Corporation shall be at liberty to dispose off the goods/materials of the Agent by
public auction to recover the cost. The Agent shall not be entitled to raise any objection in
such an eventuality.
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6.13 Liability
The agent shall display a notice board both in English & Marathi in a conspicuous place
indicating that it is a CIDCO parking lot. The name of the agent operating the pay and
park system, contact numbers of agent and the period of contract shall be indicated in
the notice board. The “Parking Fees” as approved by the Corporation shall be displayed
at the entrance of the parking lot. The agent shall also display an additional board
indicating, “Vehicles are parked at Owners risk and CIDCO will not be responsible
for any loss, damage or theft of vehicles parked in the parking lot for whatever
reason”. This requirement shall be complied with immediately after taking possession of
the site. The agent shall put up no other board of whatsoever nature without prior
approval of the Corporation.
Signature of Tenderer Sr.Transportation Engineer (I)
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7.0 PROFORMA OF SUBMISSION OF TENDER
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7.0 PROFORMA OF SUBMISSION OF TENDER
From: _____________________________
_____________________________
______________________________
To,
The Sr. Transportation Engineer (I) CIDCO Ltd., 6th Floor, T&C Department, CIDCO Bhavan, CBD-Belapur, Navi Mumbai - 400 614.
Sub : Operation of Pay & Park System at Vashi Railway Station Forecourt Area.
CA No. : 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall).
1. I/We _________________________________________________________hereby agree
to submit our price offer, which is quoted in the financial bid on-line for a period of three
years for the “Operation of pay and Park System at Vashi Railway Station Forecourt Area.
2. I/We hereby agree to operate the Pay and Park systems at Vashi Railway Station forecourt
area ” subject to the terms and conditions of the Contract from the date of authorization for
a period of three years with the price offer quoted on-line.
3. I/We understood from the tender that the Base Price fixed for the above subject work is Rs
Rs. 2,08,00,000.00/-( Two crores Eight lacs only) as the minimum amount to be quoted for
the operation of pay and park system at Vashi railway Station forecourt area for a period of
three years .
4. I/We hereby pay the Earnest Money of Rs. 2,10,000/- (Rupees Two Lacs Ten Thousand
only) in favour of the CIDCO Ltd. (DD drawn on Nationalised/Scheduled banks only) vide
Demand Draft bearing No.______________ dated _____________ drawn on (Bank &
branch) _____________________________________________________ is attached.
5. I/We hereby agree to keep this tender offer open and available to you for acceptance for a
period of 120 (one hundred Twenty )days from the last date of appointed by CIDCO for
submission of tender and further agree not to revoke the tender or vary the terms and
conditions. I/We hereby agree to the employer that if I/We revoke the tender or vary its
conditions at any time during such period, the earnest money deposited by us shall stand
forfeited to you without prejudice to employers other rights and remedies.
6. I/We hereby agree to execute an agreement on stamp paper of appropriate value in the
proforma attached with the tender documents within 30 days from date of acceptance of
the tender.
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 38
7. I/We hereby understand that you are not bound to accept the highest offer or bound to
assign any reason for rejection of our tender.
Yours faithfully,
Signature of Tenderer with seal of the fiirm
Name :
Address:_______________________________________________________________
______________________________________________________________
__________________________________________________________
PAN No. : ______________________
Contact No. : ______________________
Fax No. : _________________________
Power of attorney must be enclosed in case the tender is signed by the authorized nominee.
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 39
8.0 FORM OF PAYMENTS
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 40
FORM – 8.1
PAYMENT OF MONTHLY INSTALMENT AND DPC (To Be Filled In By Agency)
Date : / / 20
Please receive Rs. ___________ only by D.D. No ________________drawn on
______________________________________________(Name of Bank & Branch) towards monthly
instalment/DPC for the month of ___________ for the work of “Operation of Pay and Park System
at Vashi Railway Station”, C.A. No. 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall).
Name & Sign of Agency : M/s_________________________
To, PAN No : ___________________________
Assistant Transportation Engineer (_____)
A.O. (T&C)
---------------------------------------------------------------------------------------------------------------------------------------
City and Industrial Development Corporation of Maharashtra Ltd.
(To Be Filled In By Accounts)
Date : / / 20
Received Rs. _________ only from M/s _______________________ by D.D. No
______________drawn on ___________________________ (Name of Bank & Branch) towards
monthly instalment/DPC for the month of _____________for the work of “Operation of Pay and
Park System at Vashi Railway Station”, C.A. No. 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall).
Receipt No………………………….Date……………….
CASHIER
To,
Assistant Transportation Engineer (_____) ---------------------------------------------------------------------------------------------------------------------------------------
City and Industrial Development Corporation of Maharashtra Ltd.
(To Be Filled In By Accounts)
Date : / / 20
Received Rs. _________ only from M/s _______________________ by D.D. No
______________drawn on ___________________________ (Name of Bank & Branch) towards
monthly instalment/DPC for the month of _____________for the work of “Operation of Pay and
Park System at Vashi Railway Station”, C.A. No. 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall).
Receipt No………………………….Date……………….
CASHIER
To, M/s ____________________________
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 41
FORM – 8.2
PAYMENT OF TAX COLLECTION AT SOURCE (TCS) (To Be Filled In By Agency)
Date : / / 20
Please receive Rs. ___________ only by D.D. No ________________drawn on
______________________________________________(Name of Bank & Branch) towards TCS for
the period of ___________ AY 20__-__ for the work of “Operation of Pay and Park System at
Vashi Railway Station”, C.A. No. 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall).
Name & Sign of Agency : M/s_________________________
PAN No : ___________________________
To,
Assistant Transportation Engineer (_____)
A.O. (T&C)
---------------------------------------------------------------------------------------------------------------------------------------
City and Industrial Development Corporation of Maharashtra Ltd.
(To Be Filled In By Accounts)
Date : / / 20
Received Rs._________ only from M/s _______________________ by D.D. No
______________drawn on ___________________________ (Name of Bank & Branch) towards TCS
for the period of ___________ AY 20__-__ for the work of “Operation of Pay and Park System at
Vashi Railway Station”, C.A. No. 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall).
Receipt No………………………….Date……………….
CASHIER
To,
Assistant Transportation Engineer (_____) ---------------------------------------------------------------------------------------------------------------------------------------
City and Industrial Development Corporation of Maharashtra Ltd.
(To Be Filled In By Accounts)
Date : / / 20
Received Rs. _________ only from M/s _______________________ by D.D. No
______________drawn on ___________________________ (Name of Bank & Branch) towards TCS
for the period of ___________ AY 20__-__ for the work of “Operation of Pay and Park System at
Vashi Railway Station”, C.A. No. 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall).
Receipt No………………………….Date……………….
CASHIER
To, M/s ____________________________
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 42
9.0 FORM OF AGREEMENT
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 43
9.0 FORM OF AGREEMENT
(On Rs 100/- Stamp Paper)
An agreement made this ________day of 2011 between City and Industrial Development Corporation of Maharashtra Limited, a company incorporated under the Companies Act 1956 and having its registered office at „Nirmal‟ 2nd floor, Nariman Point, Mumbai 400 021 (hereinafter called „the Corporation‟ of the one part and M/s. _______________________ acting through (hereinafter called the „Agent‟ which expression unless the context does not so admit, shall include his heirs and successors) of the other part for the sole purpose of the work running the Pay & Park system at Vashi Railway Station Forecourt Areabearing C.A. No. 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall) for a period of Three years.
And the Agreement hereby witness:
1. The Agent hereby declares/declare that the name is the name in or under which he/they carries/carry on business by himself/themselves and that it is not the name of any other firm in which he/they carried/carry on business in partnership and that he/they does/do not carry on business in partnership with any other person or persons and that in case it shall at any time hereafter appear not true in fact the Corporation shall not be bound to recognize any person or persons other than the Agent as being in any way interested or concerned in this appointment/or in any benefit to accrue thereunder and that the Corporation shall in addition be at liberty by a notice in writing under the hand of Additional Chief Engineer (RP), addressed to the Agent or to either of any of them or to his/their or either or any of his/their heirs, executors or administrators or other legal personal representative or assignees in insolvency as the case may be immediately to put an end to this appointment of that the Agent and any person or persons who may allege that they have any interest in this appointment shall have no claim on the Corporation by reasons of this appointment being terminated in pursuance of the provisions herein contained.
2. The Agent shall during the continuance of his appointment pay to the Corporation for the use of said premises under the conditions of this Agreement as Three years Agent fee of Rs.____________ (Rs_________________________________________ only) in equal monthly payments in advance clear of all deductions to be computed from the date of which possession of the said land is handed over to the Agent. The Agent shall duly pay during the continuance of this appointment all cases, rates, water charges taxes and other charges or taxes in respect of the said premises or proportion of all cases, rates, water charges taxes and other charges or taxes of the said premises if they are not separately assessed in respect thereof and as may be intimated to the Agent and any neglect or omission on the part of the servants of Corporation in giving such intimation or to recover such charges or taxes shall not prejudice in right of the Corporation to recover the correct amount of such charges or taxes due from the Agent from the date of occupation by him of the said premises.
3. In case the Agent delays the payment of amount shown in clause 2 above, the Corporation shall be at liberty to recover interest at 18% per annum or part thereof on the monthly installment fee due for payment for the period for which the payment has been delayed as per the terms and conditions detailed in the tender document No. C.A.NO. 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall).
4. For the purpose of this agreement unless contrary intention appears from the subject or context, the terms of Pay & Park Systems will denote ground accommodation as indicated in the enclosed plans with this tender. The Corporation however reserves the right to alter the allocation and the measurement of the said land, if necessary, without assigning any reasons and no compensation will be granted to the Agent on this account.
5. The Corporation reserves their right to enhance the access rates and water charges as and when necessary to do so and such enhanced charges will be applicable and
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 44
recoverable from the Agent from the date of notice of enhancement, in writing served on the Agent unless Agent vacates the premises within the month of the said notice.
6. The Agent shall not use the said Pay & Park Systems for any purpose other than the storage and safe custody of cars, two wheelers and cycles in the said Pay & Park areas. He shall further keep it neat and clean and tidy and shall not occupy any land beyond what is shown in clause No.4 above or else, penalty as deemed fit will be recovered.
7. Any encroachment by the Agent or any Corporation land other than the land allotted to him for the Pay & Park System will constitute a breach of this agreement, entitling the Corporation to terminate the contract.
8. The Agent shall not allow parking of any vehicles other than the vehicles specified for the Pay & park area/block. He will also not allow any repair/mechanic activities within the parking area. In case any vehicles other than specified are found in the Pay & Park System, the Corporation shall have the sole right to take action under clause 28 of this agreement.
9. The Agent shall pay all rates, taxes and assessments whatever payable or hereafter to become payable to the Government or Municipality in respect of the said Pay & Park Systems at Vashi Railway Station.
10. During the contract period, the tenderer shall pay TCS (Tax Collected at Source) at the rate of 2% (percentage may change w.r.t IT Act) of the Contract Amount (Quarterly/Annually of each assessment year) under section 206(C) as per the Income Tax Act.
11. The Agent shall produce an Income Tax Clearance certificate during the contract period.
12. The Agent shall not make any additions or alterations in the said Pay & Park systems and shall be directly responsible for any damage to the Corporation premises occupied by him or to any other Corporation property in his charge of occupation. When such damage is due to any fault, neglect or carelessness on the part of the Agent or his or servants, he shall be liable to pay the cost of the such damages to the Corporation as assessed by the Engineer-in-Charge, Officer of the Corporation duly authorised in this behalf is Additional Chief Engineer (RP) whose decision upon any question in this connection shall be final.
13. No covered shed, fencing or any other structure shall be allowed to be put up or provided in the Pay & Park System without the approval of the Corporation.
14. The Agent shall allow Additional Chief Engineer (RP) which expression shall be deemed to include any person for the time being holding the appointment of Additional Chief Engineer (RP) or any other person so appointed of the Corporation within whose circle the said premises are situated and his officers / representatives, free access at all the time to the said premises.
15. Nothing herein contained shall be construed to create a tenancy or any claim or any right or interest of casement in favour of Agent or in or over the said premises.
16. The Pay & Park System shall remain open throughout day and night and the Agent shall recover the prescribed charges for the custody of vehicles. In case the Agent is found charging higher rates, than those prescribed or is reported misbehaving with the customers, the contract shall be terminated and the security deposit will stand forfeited.
17. The Agent shall display a notice board both in English & Marathi in a conspicuous place indicating that it is a CIDCO parking lot. The name of the agent with contact numbers, period of contract and the “Parking Fees” as approved by the Corporation shall be displayed at the entrance of the parking lot. The Agent shall also display an additional board indicating, “Vehicles are parked at Owners risk and CIDCO will not be responsible for any loss, damage or theft of vehicles parked in the parking lot for whatever reason”.
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 45
This requirement shall be complied with immediately after taking possession of the site. The Agent shall put up no other board of whatsoever nature without prior approval of the Corporation.
Sr. No. Type of Vehicle Parking Charges
1. Cars / Three Wheelers Rs. 9.00 for every 4 hours or part thereof.
2. Two wheelers Rs. 7.00 for first 12 hours and Rs. 7.00 for every additional 6 hours or part thereof.
3. Cycle Re. 1.00 for first 12 hours and Re. 1.00 for every additional 6 hours or part thereof.
18. The Agent shall deposit Rs. /- (Rupees ________________________ only) as security deposit for fulfillment of the terms and conditions for this contract which is an amount equivalent to 6 monthly installments of tender amount for the contract period in the form of Demand Draft drawn on any Nationalised / Scheduled Bank in favour of the CIDCO Ltd. Or through a Bank Guarantee from a Nationalised / Scheduled Bank in Mumbai or Navi Mumbai.
19. The Agent shall be directly responsible for all claims which may be preferred by an owner of a vehicle against the Agent on amount of any loss or damage of his vehicle. The Agent shall also indemnify against and reimburse to the Corporation all demands, actions, claims, costs, charges and expenses which may arise and which may be incurred or paid in connection with the vehicles parked in the pay and park system.
20. In the event the Agent failing to make payment of the full value of any loss or damages of vehicles while the vehicle remained in this custody, such failure shall be treated as constituting breach of the terms and conditions of agreement and render the contract liable to termination and the security deposit liable to forfeiture. Inability of the Agent in respect of the vehicle which in their custody will be that of bailee under Indian Contract Act.
21. The Agent shall at all times keep the Corporation indemnified against and shall reimburse to the Corporation all claims, demand suits, damages, costs charges and expenses whatsoever, which the Corporation may sustain or incur by reason of any injury or any act of omission and commission on the part of the Agent, his servants or employees in the conduct of the business for the purpose of which this appointment is granted.
22. The Agent shall not sublet, assign or transfer the privilege under this appointment or the room and land or any portion thereof without the approval of corporation.
23. The Agent jointly and each of them severally shall at all times keep the Corporation, their officers and servants harmless, or any of them indemnified against and shall insure to the administration, all claims, demands, suits, losses, damages, cost charges and expenses whatsoever including any claims under the Workmen‟s Compensation Act, 1923, and any amendments thereof which the Corporation, their officers or servants may sustain or incur or become liable to pay by reason or in consequence of any injury or accident to any person including the Agent or his servant or to any property whatsoever or whether owing to the neglect, carelessness or any other conduct whatsoever of the Agent, his servants and others in his employment during his appointment as Agent for operation of Pay & park system at the said premises or any part thereof.
24. The Agent shall be responsible for compliance with the provision of the Payment of Wages Act, Minimum Wages Act and the rules made there under in the respect of the staff employed by him and shall keep the Corporation indemnified against all losses,
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 46
damages, or claims arising directly or indirectly against any failure through of commission to comply with the requirements of the said statute.
25. The Agent shall be responsible to comply with the provision of Employment of Children Act, 1938 or any statutory modification thereof and the rules framed under the said act.
26. This agreement shall remain in force for a period of Three years with effect from __________. The Corporation shall be at liberty to terminate this agreement without assigning any reason and without being liable to pay any compensation whatsoever on giving 15 days notice to the Agent.
27. In case all or any of the payments reserved hereinafter shall be in arrears for a period of 90 days whether the same shall be or shall not have been legally demanded, the Corporation shall be at liberty forthwith to terminate this agreement without any notice and without being liable to pay any compensation whatsoever and to grant the aforesaid contract to any other party in any manner and on any terms it may deem fit provided however, that the Agent shall be liable to make good the losses if any suffered by the Corporation in re-allotting this contract, and that if the Corporation thereby realise a sum higher than that due from the appointment under this agreement, the Agent shall have no claim whatsoever thereto.
28. In the event of there being breach or non - observation of any or all the terms and conditions of contract thereof, for the due fulfillment of such and all, the Agent has deposited the security deposit of Rs. _________ ( Rupees____________________________________________ only) or any other irregularities committed by the Agent in relation to the working of the contract, then in any of such case the Agent would be liable to pay a penalty as pre-estimated and liquidated damages as determine by the Engineer-incharge for every single breach of the rule or irregularity, in addition to whatever other dues and penalties that may be leviable under this contract. The decision of Additional Chief Engineer (RP), Railway Projects Department, CIDCO will be treated as final in this respect. Without prejudice to the above, the Corporation shall also have a right to terminate the contract forthwith and forfeit the security deposit in case of breach of any of the terms and conditions of this agreement, by the Agent.
29. The Agent shall not terminate the contract before the expiry of the period of the license except by giving 120 days (one hundred and twenty days) notice in writing, otherwise the Agent shall be liable for all damages, loss and consequences thereof and shall be liable to pay to the Corporation (without any demur or question) such amount of money as the corporation may decide or due to it by the Agent.
30. In such event of termination, the Corporation shall bar the Agent atleast for 3 years against participating in Pay & park tenders in the Corporation or initiate such action as deemed fit.
31. In the event of the earlier termination of this agreement in terms of clause No.27 hereof, all payment made by the Agent to the Corporation in terms of this agreement and the security deposit mentioned here before shall stand forfeited to the Corporation and the Agent shall have no claim whatsoever thereto.
32. On the expiry of date of earlier termination of the Agreement, the Agent shall forthwith remove his belongings and restore the said Pay & Park Systems to the Corporation in its original condition without any objection or opposition.
33. Except as otherwise provided, verbal or written communication, abandoning, varying or supplementing this agreement or any of the terms thereof shall be deemed conditional and shall not be binding on the Corporation until and unless the same is endorsed in this agreement or is incorporated in a formal instrument and signed by the parties hereto and till then the Corporation shall have the right to repudiate such agreement.
34. The cost of the stamp for the agreement shall be borne by the Agent.
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 47
35. The Agent shall be responsible to comply with the provision of the Motor Vehicle Act, 1989 and any other law or rule for the time being in force relating to custody and parking of motorised and non-motorised vehicles.
36. Subject as otherwise provided in this contract, all notices to be given on behalf of the Corporation and all other action to be taken on Corporation‟s behalf may be given or taken by the Additional Chief Engineer (RP), Railway Projects Department, CIDCO, Navi Mumbai.
37. That the Agent shall not employ a minor or any person of bad character and he shall arrange for the character of each individual employed by him to be verified by the police at his own cost, when asked to do so.
38. The Agent will provide at his own expense such establishment, tokens, receipts and registers as will be necessary for the safe and efficient discharge of the undertaking.
39. That the Agent‟s employees shall always appear in clean clothes each wearing a uniform approved by Corporation and pugree or cap and badge on his left arm. The badges will be supplied by the Agent himself at his own cost.
40. Any dispute or difference arising out of this agreement (for which provision does not exist in this agreement) shall be referred to the Additional Chief Engineer (RP) whose decision shall be final and binding on the Agent.
41. This agreement with tender document C.A.NO. 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall) and the attachments listed below constitutes the entire agreement between CIDCO and M/s.____________________________________________________
i) Acceptance letter No.
ii) Work Order No.
iii) Others
WITNESS WHEREOF THE PARTIES to these present, have here into set their hands at the places and on the dates here in after mentioned respectively.
Signed and delivered for and on behalf of the with in named Corporation
by Shri
In the presence of:
1.
2.
Signed and delivered for and on behalf of the with named Agent
M/s.
by the hand
Shri
In the presence of
1.
2.
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 48
10.0 FORM OF BANK GUARANTEE
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 49
10.0 FORM OF BANK GUARANTEE IN LIEU OF SECURITY DEPOSIT
(On Rs. 100/- stamp paper)
1. In consideration of the City & Industrial Development Corporation of Maharashtra Limited, a
company incorporated under the Company incorporated under the Companies Act 1956 (1
of 56) and having its registered office at Nirmal, Nariman Point, Mumbai-400 021,
(hereinafter called “the Corporation” which expression shall unless repugnant to the subject
or context include its successors and assigns) having agreed under the terms and
conditions of Contract No.____________________ dated ___________________made
between___________________ (hereinafter called “the contractor” which expression shall
unless repugnant to the subject or context include his heirs, executors, administrators and
assigns / its successors and assigns) and the Corporation in connection with the work of
“Operation of pay and park system at Vashi Railway station, Navi Mumbai” (hereinafter
called “the said Contract”) to accept a Deed of Guarantee as herein provided for Rs.
__________(Rupees only) from a Nationalized Bank in lieu of the
security Deposit to be made by the Contractor, for the due fulfillment by the Contractor of
the terms and conditions contained in the said Contract we the __________Bank
constituted and established under the Banking companies. Acquisition and Transfer of
Undertaking Act 1970 (hereinafter referred to as “the said Bank”) and having our Head
Office at _________at the request of _______________(Contractor(s) do hereby undertake
to pay to the Corporation an amount not exceeding Rs.___ (Rupees
only) against any loss or damage caused to or breaches by the said Contractor(s) or any of
the terms and conditions contained in the said Agreement, and to unconditionally pay the
amount claimed by the Corporation on demand and without demur to the extent expressed.
2. We_______________________ do hereby undertake to pay the amount due and payable
under this guarantee and without demur, merely on a demand from the Corporation stating
that the amount claimed is due by way of loss or damage caused to or would be caused to
or suffered by the Corporation by reason of breach by the said Contractor(s) of any of the
terms and conditions contained in the said Agreement, or by reason of the Contractor(s)
failure to perform the said Agreement. Any such demand made on the bank shall be
conclusive as regards the amount due and payable by the Bank under this guarantee.
However, out liability under this guarantee shall be restricted to an amount not exceeding
Rs.____________________ (Rupees____________________________
_______________________________________________only).
3. We_____________________________further agree that the Corporation shall be the Sole
judge of and as to whether the Contractor has committed any breach or breaches of any of
the terms and conditions of the said contract and the extent of loss, damage, costs, charges
and expenses caused to or suffered by or that may be caused to or suffered by the
Corporation on account thereof and the decision of the Corporation that the Contractor has
committed such breach or breaches and as to the amount or amounts of loss, damage,
costs charges and expenses caused to or suffered by or that may be caused to or suffered
by the Corporation from time to time shall be final and binding on us.
4. We undertake to pay to the Corporation any money so demanded notwithstanding any
dispute or disputes raised by the Contractor(s) in any suit or proceeding pending before any
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 50
court or Tribunal relating thereto our liability under this present being absolute and
unequivocal.
5. The payment so made by us under this bond shall be a valid discharge of our liability for
payment there under and the contractor(s) shall have no claim against us for making such
payment.
6. We_________________________________ further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be taken for the
performance of the said Agreement and that it shall continue to be enforceable till all the
dues of the Corporation under or by virtue of the said Agreement have been fully paid and
its claims satisfied or discharged or till the Additional Chief Engineer (RP), Railway Projects
Department certifies that the terms and conditions of the said Agreement have been fully
and properly carried out by the said Contractor(s) and accordingly discharges this
Guarantee. Unless a demand or claims under this guarantee is made on us in writing on or
before the _____________we shall be discharged from all liability under this guarantee
thereafter.
7. We____________________ further agree with the Corporation that the corporation shall
have the fullest liberty without or consent and without affecting in any manner our
obligations herein to vary and of the terms and conditions of the said Agreement or to
extend time of performance by the said contractor(s) from time to time or to postpone for
any time any of the powers exercisable by the Corporation against the said contractor(s)
and to forbear or enforce any of the terms and conditions relating to the said Agreement and
we shall not be relieved from our liability by reason of any such variation, or act or extension
being granted to the said contractor(s) or for any forbearance, granted to the said act or
omission on the part of the Corporation or any indulgence by the Corporation to the said
contractor(s) or any such matter or thing whatsoever which under the law relating to sureties
would, but for this provisions, have effect of so relieving us.
This guarantee will not be discharged due to the change in the constitution of the Bank or
the contractor(s).
8. This guarantee is valid till ______________________unless a demand is made within six
months from __________________________ all your rights under this guarantee shall be
forfeited and we shall be relieved and discharged from all liabilities there under.
9. We, ___________________________________ lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the Corporation in writing.
Dated this_______________________ day of ________________2012
For and on behalf of the Bank
The above Guarantee is accepted by the Corporation.
For and on behalf of the Corporation
Sd/-
(Name & Designation)
dated___________________________
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 51
11.0 PLAN
C.A.NO: 05/CIDCO/STE(I)/TE(N-II)/2011-12(Recall)
Operation of Pay & Park System at Vashi Railway Station 52
11.0 PLAN
1. Plan of Vashi Railway Station Forecourt Area Parking Layout is enclosed.
Signature of Tenderer Sr.Transportation Engineer (I)