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KONKAN RAILWAY CORPORATION LIMITED

KARWAR REGION

Office of Assistant Commercial Manager, Madgaon

Tender Booklet

For Parking Contract at Bhatkal Station

********************************************************************

Tender Notice No. KR/RRM/KAWR/COML/BTJL/Parking/12 Dt: 09.07.2012

Tender booklet No.

Cost of Tender booklet Rs.338/- (Rupees Three Hundred and Thirty eight only)

(To be filled by the Railway Official issuing the tender booklet)

Tender booklet Sold to:

Money Receipt, date & amount:

Signature of Supervisor/

Station Master / Staff authorized

Whether the tenderer has downloaded the tender booklet from the website www.konkanrailway.com

if yes, furnish DD No._____________________

and issuing Bank_______________________________________________

http://www.konkanrailway.com/

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Sl.No. INDEX Page No.

1. Notice Inviting Tender 3

2. Time Schedule 4

3. Instruction to Tenderer(s) 5-12

4. Draft License Agreement 13-23

5. Technical Bid as Annexure-I 24

6. Financial Bid as Annexure-II 25

7. Annexure-III 26

8. Annexure-IV 27

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KONKAN RAILWAY CORPORATION LIMITED.

N O T I C E I N V I T I N G T E N D E R

KR/RRM/KAWR/COML/BTJL/Parking/12 09.07.2012

Applications are invited in the prescribed form (not transferable) for allotment of Commercial

Contracts as detailed below.

Sr.

No.

Name of

Contract

Name of

Station

Category Approximate

Area in sqm.

Earnest

Money

Deposit

Rs.

Station Contract

01 Pay Parking Bhatkal D General 650 525

Application form along with the terms & conditions can be obtained from the respective Station

Masters or from the Office of the Assistant Traffic Manager, Konkan Railway Corporation Ltd.,

Konkan Railway Building, Railway Station Road, Attavara , Mangalore – 575 001 at Rs.338/-, in the

form of Demand Draft drawn in favour of Sr.Regional Accounts Officer, Konkan Railway

Corporation Ltd., Karwar payable at Karwar or on submission of Money Receipt issued against cost

of tender form at respective stations on all working days between 10.00 hrs to 16.00 hrs from

10.07.2012 up to 08/08/2012. Also the forms can be downloaded from the internet through KR’s

website at www.konkanrailway.com . However, the same should be accompanied with the form fee of

Rs.338/- ( Demand Draft ) at the time of submission.

Application in prescribed form duly filled along with Earnest Money Deposit as indicated above

should be sent by Registered. Post or drop in a box separately provided for the purpose in the Office of

Assistant Traffic Manager, Konkan Railway Corporation Ltd., Konkan Railway Building, Railway

Station Road, Attavara,Mangalore – 575 001 in a cover duly sealed and super scribed as

“APPLICATION FOR PAY PARKING CONTRACT AT BHATKAL STATION OF KONKAN

RAILWAY” cover should be addressed as mentioned above and should reach to this office on or

before 10.30 hrs on 09/08/2012. The Corporation will not be responsible for any postal delay.

If the last date for submission of application declared as a holiday, the application should reach at

10.30 hrs of next working day.

Application for different Stations and different services should be submitted separately.


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Time Schedule:

01 Sale of tender form

Date

Time

:

:

From 10/07/2012 up to : 08/08/2012

Between 10.00 hrs to 16.00 hrs

02 Submission of completed

Application form in sealed

Envelop separately for

Technical & financial bid

Date

Time

:

:

On 09/08/2012

up to 10.30 hrs

03 Opening of bid (technical bid)

Date

Time

:

:

On 09/08/2012

On 11.00 hrs

04 Place for submission and

opening of bid

: Office of Assistant Traffic Manager,

Konkan Railway Corporation Ltd.,

Konkan Railway Building, Railway

Station Road, Attavara,Mangalore - 575

001.

Regional Railway Manager,

Konkan Railway, Karwar

(Signature of the Tenderer)

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INSTRUCTION TO TENDERER

1. Scope of the contract:

The Tenderer shall during the continuance of this contract be allowed to enter upon the station

premises of the Corporation may authorize for that purpose and from there to collect parking

charges as may be sanctioned by the Corporation from the public who keep their vehicles in the

Railway Station.

A Draft Agreement is enclosed along with the Tender booklet. The tenderer(s) should also go

through the Draft Agreement and shall satisfy himself / themselves with all the clauses before

submission of the tender. Konkan Railway reserves the right to make any modifications in the Draft

Agreement even after completion of the Tender process.

2. Eligibility criteria:-

1) Any firm / company/Association of person (AOP)/ Individuals who are competent to enter into

contract under Indian Contract Act, are eligible to participate in the tendering process.

1.1 Land losers and Society/ Partnership of land losers would get preference as explained under clause

09.

1.2 Existing Pay & Parking contractor on KRCL who has successfully completed six years would

get preference as explained under clause 09

The Tender shall be submitted in Two Packet Tendering System in two parts:

Technical-cum-commercial bid- Packet A Part I

Financial Bid – Packet B Part II

Both bids should be sealed in separate envelopes, then both the sealed envelopes should be put in a

large sealed envelope.

All the three envelopes should be super scribed “Tender for Cycle/Scooter /Motor Cycle/Car Parking

Stand at ………………….Station .

( Signature of the tenderer)

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2. Packet A (Part- I)

Packet – A shall contain the original tender document duly filled in and signed by tenderer along with

all the required documents shown in “Tender Application Form for Packet A”.

Under no circumstances, the Packet A i.e. Technical cum-Commercial bid should contain the rate

offered. The envelope should be clearly super scribed with “Technical-Cum_ Commercial Bid (Part

A) along with the Tender Number and its description and other particulars and should be duly sealed.

Authorized representative may attend at the time of opening of the tender when only packet “A” will

be opened and contents read out.

3. Packet B (Part – II )

The Financial bid (Packet B) shall contain the price element of the tender bid called “Financial Bid” in

the Tender Form and shall be clearly super scribed with “Financial Bid Packet B” along with other

particulars as indicated in the Tender Notice. Envelop should be duly sealed.

If the Tenderer(S) fails to furnish any of the requirements at the time of submission of the tender, the

tender is liable to be rejected. His/their Packet “B” will not be opened and will be returned to the

tenderer unopened.

4. The information in Packet “A” will be scrutinized and evaluated to decide the eligible Tenderer(s).

Packet “B” of the eligible Tenderer(s) will be opened on the date and time fixed. The date and time of

opening the Packet B will be communicated to the Tenderer(s)

a) Tender document is not transferable.

b) Only one Tender document shall be submitted for a particular contract by a single party either

a Firm or an individual. The Proprietor of more than one company will be considered as a

single party and one legal entity.

c) The cost of the Tender booklet is Rs.338/- (Non-refundable)

d) An application describing full address & contact number of person / firm requiring tender

booklet is to be submitted to purchase the tender documents. The Tender booklet along with

the terms and conditions can be obtained from the respective Station Masters or from the

office of The Assistant Traffic Manager, Konkan Railway Corporation Limited, Konkan

Railway Building, Railway Station Road, Attavara, Mangalore – 575 001 at Rs.338/- on

submission of Demand Draft drawn in favour of Sr.Regional Accounts officer, Karwar

payable at Karwar or on submission of Money Receipt issued against the cost of Tender Form

at the concerned Stations, on all working days between 10.00 Hrs to 16.00 Hrs. The Tender

booklet can also be downloaded from KR website at www.konkanrailway.com . However, the same

should be accompanied with the tender booklet fee (Demand Draft) at the time of submission.

Konkan Railway Administration shall not be responsible for any delay / difficulties in

accessibility of the downloading facility for any reason what so ever. In case of any

discrepancy between the tender documents downloaded from Internet and the master copy

available in the office, the later shall prevail and will be binding on the tenderer(s). No claim

on this account will be entertained.



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e) Tender document duly filled in with relevant certificates/ documents should be sent by

Regd.post or dropped in a box separately provided for the purpose in the office of Assistant

Traffic Manager, Konkan Railway Corpn.Ltd., Konkan Railway Building, Railway Station

Road, Attavara, Mangalore- 575 001 in a cover duly sealed and super scribed "TENDER

FOR PAY PARKING CONTRACT AT BHATKAL STATION OF KONKAN

RAILWAY"and Priority Code “P1/P2/P3”. Cover should be addressed as mentioned above

and should reach the above Office on or before 10:30 hours on 09/08/2012. The Corporation

will not be responsible for any postal delay.

f) If the last date for Submission of Tender booklet is declared as a holiday, the Tender booklet

should reach by 10:30 hrs. of following working day.

g) The tenderers are expected to visit the site/location and satisfy themselves before submitting

their tender (Certificate enclosed as Annexure-V is to be submitted along with Technical Bid).

Request for reduction in LF at any stage shall not be entertained by Konkan Railway.

h) The tenderer(s) should also satisfy himself / themselves if premises is provided by Konkan

Railway for Parking Contract.

i) In case when the structure is to be constructed by the tenderer, the same should be done so

after obtaining prior approval from the Assistant Traffic Manager, Mangalore . The permanent

structure constructed for the Parking will become the property of KRCL after the time of

completion of allotted tenure or on termination of the contract due to any reasons thereof.

Similarly any modification / renovation carried out to the existing / new structure (of

permanent nature) during the course of contract will become the property of KRCL.

Tenderer(s) will not have any claim on this once the period of allotment is completed or the

contract is terminated.

j) The financial bid of only those candidates whose technical bids are approved by the Regional

Railway Manager after scrutiny will only be opened. The technical bid will be evaluated on

the “Eligibility Criteria" as stated in the tender document.

k) Short listed tenderers will be required to appear before the Committee nominated for this

purpose for personal interview with original documents/certificates. Corporation will not

reimburse any expenses on this account.

l) Decision taken by the Committee nominated for this purpose in awarding the contract will be

final and binding on all. No correspondence, whatsoever will be entertained in this regard.

m) Canvassing of any kind will disqualify the Tenderer.

n) If a Tenderer expires after submission of his tender or after the acceptance of his offer, the

Corporation shall deem such an offer cancelled. If a partner of firm expires after the

submission of their offer or after the acceptance of offer, the Corporation shall deem such an

offer as cancelled unless the firm retains its character.


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o) The Tenderer(s) shall keep the offer open for a minimum period of 90 days from the date of

opening of the Tender within which period the tenderer cannot withdraw his offer subject to

the period being extended further if required, by mutual agreement from time to time. Any

contravention of the above condition will make the Tenderer(s) liable for forfeiture of his

earnest money.

2. Mode of Finalisation of Contract

Commercial Contracts on Konkan Railway will be awarded through open tender based on two packet

system i.e. technical and financial bid. The tenderer should offer two packets consisting of a technical

bid i.e Packet –A and financial Bid i.e Packet-B. Technical bid must be sealed in Envelop “A” and

financial bid in Envelop “B” and both the envelopes are to be sealed in ‘Master Envelope’.

I) Envelope 'A' which shall be opened first and shall contain the basic documents specified as

under:

a) Name of applicant / Partnership Firm / Company competent to enter into contract under the Indian

Contract Act 1972 .

b) Priority code (P1/P2/P3).

c) Details of experience in the same field of business

Tenderer must have experience in the same field of business ( for which contract is applies) and

should attach proof thereof.

d) Form of organization - Partnership/Company/ Trust/Society etc including registration details.

Copy of chartered or constitution and nature of business.(Not applicable in case of individual

applicant).

e) Financial status -

Attach audited accounts and reports including balance sheet mentioning net worth and turn over

of the company for the relevant years for A & B category stations

For ‘D’ category station Bank statement to be submitted .Minimum balance is Rs.20,000/-

For ‘E’ category station- Bank statement is required shall be for Rs.10,000/-.

f) Income tax assessment order –

Income tax Assessment Order of the organization/ tenderer for the last three years for A & B category

stations and .

Not manadatory for Class D & E stations. Tenderer to submit declaration that “he is not eligible to

file the IT returns in form No.15AA signed by Income Tax authorities”.


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g) Earnest Money Deposit and its details.: Tenderer shall submit Earnest Money Deposit in the form

of Demand draft drawn in favour of Sr.Regional Accounts Officer,,Konkan Railway Corporation Ltd

payable at Karwar as per the amount given in the above schedule. Submission of xerox of demand

draft is not acceptable.

h) Bank Solvency Certificate.

Applicant has to submit their financial standing in terms of the Bank solvency Certificate (original)

from Nationalized/schedule Bank ( An amount equal to Rs.11,000/- for ‘A’ category station, for ‘B’

category station Rs.6,000/- for ‘D’ category station Rsd.5,250/- and for ‘E’ category station

Rs.4,500/-).

i) Educational proof- applicable in case of individual only.

j) Caste Certificate (in case of SC/ ST/ OBC).

k) Certificate of Disability: Not mandatory except where mentioned/required. If required then

Certificate issued by Govt. Medical Official In case of Physical Handicapped to be attached.

l) Certified Proof incase of War Widow / Widow of KRCL Employee.

m) Details of Permanent Account No. (P A N) issued by IT authorities.

n) The applicants falling in land loser category should enclose the copies of following documents

duly attested by a Gazetted Officer.

i. Copy of Land acquisition letter issued by Special Land Acquisition Officer, Konkan Railway.

ii. In case of land acquired by KRCL is jointly held by more than one holder they all those joint

holder of such land will be treated as land loser, subject to certificate form concern authorities showing

the name of the land holders & details of land lost..

iii. Certificate issued by Tahsildar indicating percentage of land lost with respect to total land held

by the land loser is not mandatory.

iv. Tenderer shall submit a copy of land extract 7/12 & Form No.6 not more than six months old

from the date of issue of tender notice.

o) The details of (all the/if any) contracts along with the period and the station which the tenderer

had or is having with Konkan Railway in the attached format, placed at Annexure-III. (applicable in

case of existing contractor only)

p) It may be clearly noted that in case tender(s) submitted by tenderer(s) not accompanied by all

or any of the documents stated above, such tender(s) would be rejected by the Authority out

rightly.


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II. Envelope 'B' ( which shall be opened after scrutiny of the basic documents of Envelope-'A')

shall only contain form of Tender indicating financial bid to be quoted by the tender and no

other documents.

The amount of license fee should be conspicuously written both in figures as well as in words.

Any over-writing, correction or insertion should be duly signed by authorized signatories of the

tenderer(s).

III. Tenderer(s) should clearly indicate the name and Address of their Firm / Company / Individual, as

the case may be, on both the Envelope and should clearly indicate the name of the facility for which

tender(s) have been invited

IV. It may be noted that, the Earnest Money Deposit of the successful bidder may be forfeited and

the bidder may be debarred for further participation in Konkan Railway's tender(s) for a period

as decided by Konkan Railway Corp. Ltd; on account of non-compliance of the following:

(a) Acceptance of offer with immediate effect;

(b) Payment of advance annual license fee before commencement of contract;

(c) Payment of Security Deposit in advance.

Payment of other Security Deposit towards Electricity and Water connection charges etc.

(d) Execution of Agreement within THIRTY DAYS of award on contract and

(e) Commencement of the facility as specified in award letter.

V. Tender(s) will remain valid for a period of 90 days from the date of opening of the Financial Bid

in Envelope 'B'. If any tenderer withdraw during the validity period, his Earnest Money Deposit will

be forfeited. However, the tenderer(s) can withdraw their Earnest Money Deposit after the validity is

over or may extend the validity of their tender(s) with the consent of Konkan Railway.

VI. The Tenderer will obtain necessary permits as required under law in operation from time to time.

The Tenderer will be bound by Labour laws and other State/Central laws as applicable.

VII. No rebate in license fee shall be allowed due to temporary suspension of trains/ traffic or any

development work that authority may undertake during the period of contract.

VIII. Any breach of the conditions referred above by the successful tenderer(s) would render

him / them liable to be removed from Konkan Railway as a licensee / contractor and shall be

debarred from issuing tender papers for the commercial contracts for a period AS DECIDED BY

THE KONKAN RAILWAY.

3. Tenure of Contract and guidelines for extensions: The tenure of contract will be THREE years. .

License fee will be increased @5% every year.


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4. Running of commercial contracts: Successful contractor has to pay the following amount in

advance:

(i) License fee in advance

(ii) Security deposit - 20% of the license fee.

(iii) Electricity connection charges.

(iv) Electricity Consumption Charges in advance for six months.

The amount should be deposited in the form of Cash at respective stations or

Demand Draft drawn in favour of FA & CAO,Konkan Railway Corporation Ltd, Belapur

payable at Belapur.

Earnest Money Deposit : The tender must be accompanied by Earnest Money Deposits

(EMD) in the form of Demand Draft, Pay Order from Nationalized Banks or

approved Scheduled Banks only in favour of Sr.Regional Accounts Officer, Konkan

Railway Corporation Ltd., payable at Karwar . Tenders not accompanied by EMD

will be summarily rejected.

The tenderer shall hold the offer open till such date as may be specified in the tender. It is

understood that the tender documents have been sold/issued to the tenderer and the tenderer is being

permitted to tender in consideration of the stipulation on his part that after submitting his tender,

he will not recite from his offer or modify the terms and conditions thereof in a manner not

acceptable to Regional Railway Manager/ Karwar. Should the tenderer fail to observe or comply with

the foregoing stipulation, the Corporation shall forfeit the earnest money deposit. If the tender is

accepted, the amount of earnest money will be adjusted against the license fee.

The earnest money of the unsuccessful tenderer(s) will have as herein before provided be returned to

the unsuccessful tenderer but the Corporation shall not be responsible for any loss or depreciation

that may happen to the security for the due performance of the stipulation to keep the offer open for

the period specified in the tender documents or to the earnest money while in their possession, nor be

liable to pay interest thereon. Successful tenderer has to make the payment of license fee immediately

after allotment of contract. EMD amount will be forfeited if the successful tenderer does not accept

offer.

6. Konkan Railway reserves itself the right to extend the date of receiving / opening of the bids,

as well as extend the validity of the tender.

7. Konkan Railway reserves right to reject any or all tender(s) in part or in full without assigning any

reason.

8. Language of Bid :The bid prepared by the Bidder, as well as all correspondence and documents

relating to the bid exchanged by the Bidder and KRCL, shall be written in English language. Any

printed literature furnished by the Bidder may be written in another language as long as such literature

is accompanied by a translation of its pertinent passages in the English language duly authenticated by

the bidder, in which case, for purposes of interpretation of the Bid, the translation shall govern.

9. Priority and selection procedure

Tender will be evaluated on the following priority and eligible tenderer will be awarded based on

financial bidding / suitability.


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Group Contract Priority

1) Contracts for

parking

1) Land loser and *existing contractor on

Successful completion of six years.

2) Land losers in partnership /society

3) Other than land losers

* "Existing successful commercial contractors" means:

Any commercial contractor who has successfully completed six years or more in KR on the date of

notification on a similar commercial establishments. In case of mobile units like pantry car contracts,

in-train vending, the requirement experience for similar commercial units will get expanded to any

commercial catering contracts.

9.1 Selection Procedure: Technical bids of priority P(1) will be opened first. After technical scrutiny

financial bid of those found suitable would be opened. If there are no applications under priority P(1)

OR nobody is found suitable after technical evaluations, bids received under priority P(2) would be

Considered for technical evaluation. If no applications received under priority (1&2) or nobody

qualified after technical evaluations, applications received under priority P(3) would be considered.

10. Execution of Agreement : The successful Tenderer (s) shall be required to execute an Agreement

to license with the Konkan Railway for operating this facility according to the Terms & Conditions of

the Contract. The Tenderer whose tender is accepted shall be required to appear at the Office of the

Assistant Traffic Manager, Mangalore as the case may be in person, or if a firm or Corporation, a

duly authorized representative shall so appear, and to execute the contract documents within Seven

days after notice that the contract has been awarded to him. Failure to do so shall constitute a breach of

the agreement effected by acceptance of the tender in which case the earnest money accompanying the

tender shall be forfeited by the Corporation as liquidated damages for such default. Every contract

shall be complete in all respect of the documents it shall constitute. Not less than five copies of the

contract document shall be sign by the competent authority and the successful tenderer and one copy

given to the licensee. All expenses in drawing up the agreement and the cost of the stamp duty, if any,

shall be borne by the successful tenderer.

11. Ceiling limit: There is no ceiling limit in case of existing contractors for holding of units. In

case of land losers category only one unit is applicable during tenure of contract.

12. All the above guidelines will form part & parcel of the Notice Inviting Tenders (NIT).


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Draft License Agreement for Parking Contract

This AGREEMENT is made this------------------th day of …………….…… between

Shri………………………………., herein after called as licensee in consideration is being permitted

to run Parking Contract at ………… Railway Station and the Chief Commercial Manager, Konkan

Railway Corporation Ltd, Belapur, Navi Mumbai or any official authorized by him on behalf of

Konkan Railway Corporation Ltd, herein after referred to as `Corporation' whereas Shri

…………………………………, which expression shall, where the context so requires of admits, be

deemed to include his heir or either of his / their heir , executors and administrators on the other part.

Whereas the land herein after described forms a portion of KonkanRailway and has been for some

time past in the occupation of the KRCL, and whereas the licensee / licensee’s has / have applied to

KRCL after a license of cycle, two- wheeler, four- wheelers stand and for said purpose to have the

temporary use and occupation of the said purpose to have the permission the KRCL have agreed to

grant upon the terms and conditions herein after contained. Now it is hereby agreed and between the

said party / parties here to as follows

1. The licensee / licensee’s shall have the use of all that piece of land on the Railway Station for the

purpose measuring about ……….Sqm. for the purpose of erecting a temporary cycle stand/ Motor

Cycle/Scooter/Car Parking stand and for no other purpose whatsoever and subjected to the

condition hereinafter contained.

Contractor/Licensee has to construct one small cabin for his worker and provide fencing around the

allotted area to safeguard the parked vehicles at his own cost. Any unclaimed vehicle should be

reported to Railway Police/Local Police.

2. The licensee / licensee‘s shall not erect or cause to be erected on the said land or on any part

thereof any buildings, or structures of a permanent or a quasi permanent nature.

3. The licensee / licensee‘s may lay, erect and retain upon the said land structures of purely

temporary character only subject to the rules and regulations and by laws as may from time to time

be made by or on behalf of the KRCL or by on behalf of the any local authority in relating here to

subject to the conditions hereafter mentioned.

4. The licensee/licensees shall before proceeding to erect any structure or structures in

pursuance of clause 03 hereof give a Notice in writing thereof to the Senior Regional Engineer,

Konkan Railway, Karwar , specifying the purposes of this temporary structure or structures

intended to be erected and shall furnish him with the detailed plan, elevation and specification of

such structure/structures and the licensee/licensees shall erect such structure/structures save on

such site and in accordance with such plan, elevation and specification thereof as shall be

first approved by the competent authority.


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5. The said temporary structure or structures shall vest in and shall become the property or properties

of the KRCL shall be under their sole control and the Licensee / Licensee’s shall have no right or

interest in or claim to said land or structures ( herein after called collectively the said premises

whatsoever subject to the provisions of Clause II hereof).

i. The Licensee / Licensee’s shall use the said premises solely and only for the purpose as aforesaid

for which it is licensed and shall not occupy land beyond what is described above except with

express permission in writing of the Regional Railway Manager concerned.

ii. The KRCL at all times be at liberty to carryout any changes, repairs, renewals, additions, or

alterations to any of their structure or structures. In case, for above purpose, it becomes necessary

to dismantle either the whole or any part of the temporary structure / structures erected by the

licensee / licensee‘s on the said land the licensee / licensee’s shall bear the entire cost. If any work

is done by the KRCL to the temporary structure/ structures as aforesaid, the cost there of shall be

increased by the usual supervision charges and shall be paid by the licensee / licensee’s to the

KRCL immediately on demand. The licensee/Licensees shall also reimburse the administration

for any losses or damage caused to the property of the KRCL by the erection and / or presence of

the temporary structure or structures referred to above.

6. The licensee / licensee‘s shall have an insurance for Vehicles against loss, theft, or damages etc.

Due to theft, fire and other accidents. Licensee / Licensees ‘s shall pay the premium there on

regularly to insurance company and submit receipt to the KRCL along with Xerox copy of such

insurance policy premium receipt for verification, licensee / licensee ‘s will make good the losses

due to theft , fire, damages etc to the owners of the vehicle. Licensee / Licensee‘s will get the

insurance policy renewed from time to time during the contract period.

7. The licensee/licensees shall also be liable to the Senior Regional Engineer which expression shall

be deemed to include any person for the time being holding the appointment of Senior Regional

Engineer or any Acting Senior Regional Engineer or any other person so appointed by the

Konkan Railway within the Railway Division in which the said premises are situated/free

access at all times to the said premises and the licensee/licensees shall whenever so required

by the Senior Regional Engineer forthwith pull down, rebuild or repair any part or parts of such

structure or structures which the Senior Regional Engineer may consider to be improperly

situated or of defective design, construction or material or in want of repairs.

8. The Licensee/Licensees shall during the continuance of this license pay to the KRCL for the use

of said premises under the conditions of this license as an annual license fee of Rs.xxxx /-.

(Rs. xxxxxxxxxxxxxxxxxxxxxxxx only). The Licensee/Licensees shall also duly pay during the

continuance of this license all cesses, rates, water charges, taxes and other charges or taxes in

respect of the said premises or proportion of all cesses, rates, water charges, taxes and other

charges of taxes of the said premises if they are not separately assessed in respect thereof and as

may be intimated to the licensee/licensees and any neglect of omission on the part of the servants

of the KRCL in giving such intimation to recover such charges of taxes shall not prejudice and

right of the KRCL to recover the correct amount of such charges or taxes due from the

licensee/licensees from the date of occupation by him/them of the said premises. The cess and

other charges will be payable annually with first installment while the license fee will be payable

in advance on yearly basis. The yearly license fee so worked out will be rounded off to the nearest

Rupees.


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9. Tenure of Contract and guidelines for extensions: The tenure of contract will be THREE years

License fee will be increased @5% every year.

10. The Licensee/Licensees shall always keep the plot of land in clean and sanitary condition and

shall remove all waste or unsaleable properties or whatever other materials or refuse there may

be from the said plot of land and cycle/two wheeler/four wheeler stand and on his/their failing to

do so, the KRCL any after giving twenty four hours notice forthwith remove the same at the

expenses of the Licensee/Licensees and disposes of the same in such manner as the KRCL, may

in their absolute discretion think fit and such expenses shall be paid on Demand by the

Licensee/ Licensees to the KRCL.

11. Delay in payment: The successful tenderer has to pay the annual license fee in advance as per the

stipulated time. For delayed payment, interest @18% p.a. Will ave to be paid for the number of

days of delay. The days of delay means the time taken for payment of license fee from due date.

12. .Licensee/Licensees shall also deposit with the Konkan Railway, xxxxx as a security deposit

of a sum equivalent to twenty percent of the annual license fee and other charges as cess, water

charges, Municipal Tax, etc. subject to a maximum of Rs.xxx/- (Rs. Only) for due fulfillment of

this agreement and the said deposit or such portion thereof as may be available shall be refunded

to the licensee/ licensees on the termination of this license provided that at the time of refunding

such deposit the licensee/licensees, shall surrender the original receipt granted by the KRCL

together with a receipt of refund duly stamped and signed by him/them. In case the

licensee/licensees are unable to return the original receipt he/they shall be required to furnish an

indemnity bond stamped and executed by him/them. No interest will be paid on the said deposits.

13. In case the licensee/licensees make/makes any default in the payment of the rent, tax or any

other charges that may be due to the KRCL, the KRCL shall be at liberty to recover such

rent or other dues from the said amount of security deposit, forfeit the balance if any as liquidated

damage forthwith determine the Licensee/Licensees and proceed to resume possession in a

manner stipulated herein.

14. The KRCL reserve their right to enhance the licence fee or the cess, rates and water charges as

and when necessary to do so and such enhanced charges shall be applicable and recoverable from

the Licensee/Licensees from the date of the Notice of enhancement in writing served on the

Licensee/Licensees unless the Licensee/Licensees vacate the premises within one month of the

said notice.

15. The Licensee/Licensees shall at his/their own expenses and on his/ their sole responsibility obtain

all other license of licensee (if any) necessary for carrying on his/their business, for the subject of

this license on the said premises.

16. The monthly cycle rent should not exceed Rs.50/- and monthly Scooter or Motor cycle should not

exceed Rs.100/-. The contractor is not permitted to levy any service charges or any deposit from

the public other than the tariff rate. Board indicating the charge should be displayed at a prominent

place at the stand as under


16

17. The Licensee shall charge the public as prescribed in only as have been agreed upon from time to

time by the KRCL and Licensee shall exhibit a tariff or list of such prices in the said premises in

such manner and places as the KRCL may from time to time direct.

PARKING CHARGES AT ………………… STATION OF KRCL

VEHICLE TYPE

FOR SIX

HOURS

Or part there of

FOR ONE MONTH

TOURIST BUS

Rs.15/-

-------

TOURIST MINI BUS

Rs.10/-

--------

CARIS/TAXI/JEEPS/L

MV

Rs.05/-

Rs.250/-

AUTO RIKSHAW

Rs.03/- Rs.150/-

TWO WHEELERS Rs.02/- Rs.100/-

CYCLE Rs.01/- Rs.50/-

a) Govt vehicles are exempted from parking charges.

b) KRCL vehicles are exempted from parking fees.

c) The parking fee for the vehicle of the KRCL staff to be charged at prescribed rate when they

are parking their vehicles in parking stand of contractor.

d) Auto rickshaws/ Taxis parked within nominated area for such purpose are exempted from

parking charges.

e) Where ever there is parking stands exist for KR employees’ contractor has to keep a watch at free

of cost.

18. To ensure charging prescribed rates for parking cycles/Two wheelers/Four wheelers in

stand, licensee/licensees should give printed coupon to the person offering to keep his

cycles/Two wheelers/Four wheelers in stand to avoid public complaint for charging more

rates.


17

19. The Licensee/Licensees shall not pay less than the fair wages to the workers engaged by

him/them, the fair wages being the wages paid for a similar works in the neighborhood and shall

otherwise comply with the provisions of the payment under payment of wages Act, 1936 or

any statutory modification or reenactment thereof or rules framed there under.

20. The Licensee/Licensees shall be solely responsible for safe custody of Cycles/Scooters/ Motor

Cycle/Car parked with him/them and for any loss or damage caused to/ of any

Cycle/Scooter/Motor Cycles/Car in his/their custody and shall indemnify the KRCL against all

claims/demands/action in respect of any loss or surcharged caused of/to any

Cycle(s)/Scooter(s)/Motor Cycles(s) in his/their custody.

21. The Licensee/Licensees shall appoint reliable and honest staff in adequate number and only such

are able to control the traffic and one of the good moral characters and shall furnish their names to

the KRCL. On approval by KRCL, identity cards shall be obtained from the Station

Superintendent/Manager concerned. Any one without the valid identity card shall not be

engaged by the Licensee/ License

22. The Licensee/Licensees shall at all times maintain good behaviour and shall not allow the doing

of any such act on the premises as might cause injury or annoyance to others or as might tend to

cause a breach of peace.

23. The Licensee/Licensees shall not pay less than the fair wages to the workers engaged by

him/them, the fair wages being the wages paid for a similar works in the neighborhood and shall

otherwise comply with the provisions of the payment under payment of wages.

24. The Licensee/Licensees shall display a Board duly painted at conspicuous places at and

inside the cycle stand exhibiting the daily and monthly parking charges for cycles/ two

wheelers/four wheelers as laid down in this agreement.

25. The privileges hereof mentioned are granted on the express understanding that the

licensee/licensees shall be at liberty to determine and to put an end to the license, any time

after the expiry of the period of 12 months from its coming into force, without being liable

for loss or damage which the KRCL may suffer by reason of such determination, by

giving the KRCL three months prior notice in writing of his intention to terminate the

agreement.

26. It shall be lawful for the KRCL to determine the agreement and to put an end at any time

without assigning any reason and without being liable for loss or damage which the

licensee/licensees may suffer by reason of such determination by giving the licensee three

month prior notice in writing of its intention to terminate the agreement.

27. Any notice hereunder shall be deemed duly served on the licensee/licensees if delivered or sent by

Registered Post acknowledgment due to his/their address mentioned below.

(Signature of the tenderer)

18

28. If the license is determined before the expiry of the license period by the licensee in

pursuance of clause 09 or by the KRCL due to default of the licensee in pursuance of clause

33 or any other clause, the licensee will not be entitled to any refund of license fee for the

unexpired period. However, if the license is terminated before the expiry of license period by

the KRCL,

without any default on the part of the licensee, the KRCL may its sole discretion refund such

portion of license fee as may be considered reasonable and the decision of the KRCL in this

regard shall be final and binding on the licensee.

29. Upon such a notice of determination being given as aforesaid Licensee/Licensees shall put

down and remove from the said land at their own expense on the determination of this license

all structures erected as or above and restore to its former condition the land forming the site

thereof an if default shall be made herein the KRCL may after the expiry of the said period

carryout so much of such pulling down, removal and restoration as the Licensee/Licensees may

fail to complete and all expenses incurred herein as increased by the usual supervision charges

shall be paid by the Licensee/Licensees to the KRCL on demand being made thereof.

30. Nothing herein contained shall be construed to create a tenancy of any claim or any right or

interest or easement in a favour of licensee/licensees or in or over the said premises or to permit

the licensee(s) to transfer or to sublet the benefit under this license.

i) In all cases where the said plot of land is adjacent to Railway lines or siding of the KRCL over

which trains are worked or shunting operations are conducted, the Licensee/Licensees shall appoint

responsible person who shall be rested at all times whenever any labour is engaged on the said

plot to take all precautions to prevent accidents to life and property and more especially to see

that all children are kept at a safe distance from the lines of the KRCL.

ii) The KRCL shall not be responsible for any loss or damage of any sort which may happen to the

property of the licensee/licensees or to which the licensee/licensees may be put from any cause

whatsoever.

iii) The contractor should not occupy excess land than the area allotted and if noticed occupying

excess land, action will be taken to terminate the contract/recover penalty deemed fit.

iv) No claim will be entertained from contractors regarding reduction in area and license fees.

31. The licensee/licensees jointly and each of them severally shall at all times keep the KRCL,

their offices, and servants harmless indemnified against and shall reimburse to the KRCL

their officers and servants or any of them all claims, demands, suits, losses, damage, costs,

charges and expenses whatsoever including any claims under the workmen's compensation Act

1923 and any amendments thereof which the KRCL, their officers or servants any sustain or incur

or become liable to pay by reason or in conscience of any injury or accident to any person or to

any property whatsoever whether owing to the neglect, carelessness or any other conduct

whatsoever of the licensee/licensees his/their or either of his/their agents, servants and

others in his/their employees during the use by him/ them of the license of the said premises or by

any part thereof.


19

32. If the licensee/licensees or either or any of them shall die or be adjudicated on insolvent during

the continuance of the license hereby, granted this license shall absolutely cease and determine

so far as it concerns the state of the party or parties so dying and the heirs, executors or KRCL

or other legal personal representatives of the party or parties so dying or assignees in insolvency

as the case may be shall have no interest whatsoever under this license. And provided also that

nothing therein

in this clause contained shall be deemed to prejudice or to affect any claim which the KRCL may

have against such heirs, executors or KRCLs or other legal personal representatives or assignees in

insolvency as the case may be for or in respect of any breach of any of the terms and conditions

herein contained by the party or parties so dying aforesaid during his/their life time or lifetimes or

any right of indemnity the KRCL may have under and by virtue of the provisions of clause 28

hereof And provided also that this clause shall not be deemed to prevent a surviving licensee/

licensees from enjoying the privileges of the license in the same manner as he/they would have been

entitled to do if none of the licensee/licensees had died during the continuance of this license.

33. Following sub-sections of section 108 of the transfer of property Act 1882 save in so far

as the same may be reproduced by these presents shall not applicable to the rights and

liabilities of the parties hereto respectively under this agreement namely sub-section (a) to

(j), (m) to (o), (p) and (q).

34. The licensee/licensees shall be liable to pay such penalty as KRCL may inflict for complaints

against the licensee/licensees, manager etc., which in the opinion of the KRCL are bonafide

and substantiated. Without prejudice to the other remedial, which may be available under the

agreement the licensee/licensees shall be liable to pay at the sole discretion of the KRCL also

penalty not exceeding a sum of Rs.1000/- (Rs. One Thousand Only) for any action in

contravention of any of the clause of this agreement.

i) The penalty so levied shall be paid by the licensee/licensees within a week of the date of

demand for payment and failing the same this agreement may be terminated.

35. If the licensee/licensees or either or any of them shall commit any breach of any of the provisions

of this license of the event of the failure of the licensee/licensees to pay sum due from them

under this license, the KRCL shall be entitled to determine this license at once by a notice in

writing under the hand of Regional Railway Manager of the Konkan Railway ,Karwar

addressed to the licensee/licensees whereupon this license shall absolutely cease and determine

and the KRCL shall thereupon be entitled to pull down and to remove structure or structures

which may have been erected by the licensee/licensees upon the said land in pursuance of

clause 03 hereof and to seal any materials and things so removed and to apply the proceeds of

sale in or towards the expenses of restoring the said piece of land or ground upon which they

are erected to its former conditions and towards all others expenses incurred by the KRCL in

this behalf as increased by the usual supervision charges and towards any loss or damages caused

to the KRCL behalf as increased by the usual supervision charges and towards any loss or

damaged caused to in consequence of the breach of this licence by the licensee/licensees and to

recover any deficiency from the licensee/licensees on demand being made thereof.


20

36. Any money recoverable from the contractor either under this contract or any other

contract can be recovered from any money payable to the contractor under this contract or

any other contract.

37. The licensee/licensees shall pay all legal expenses, stamp duty registration and translation charges

and all other costs, charges and expenses incurred in connection with these present.

Any notice to be given to the licensee/licensees under the provision of these presents shall be

addressed to Shri/M/s.------------------------------------------------------------------------------------------------

-------------------------------------------------------------------------

38. Subject to otherwise provided in this agreement all notices to be given on behalf of the Managing

Director Konkan Railway Corporation Ltd. and all other actions to be taken on his behalf may be

given or taken on his behalf by the Regional Railway Manager of Konkan Railway ,Karwar .

39. All disputes, question or difference arising out of or any way touching or concerning this

agreement (except those the decision whereof is otherwise herein force specially provided

for) shall be referred to the sole arbitration of any person appointed by the Regional Railway

Manager ,Konkan Railway Karwar at the time of such appointment. There will be no

objection to any such appointment that the person appointed is a Government servant that he

has to deal with the matters to which the agreement, relates and that in the course of his duties as

such Government servant he had expressed the view on all or any of the matters in dispute or

difference. The award of such arbitrator shall be final and binding on the parties to the agreement.

It is a terms of this agreement that in the event of such arbitrator to whom the matter is

originally referred being transferred or vacating his office or being unable to act for any reason

such Regional Railway Manager, Konkan Railway Karwar as aforesaid at the time of such

transfer vacation of office or inability to act shall appoint another person to act as arbitrator in

accordance with terms of this agreement such person shall be entitled to proceed with the

reference from the stage at which it was left by his predecessor. It is also a terms of this

agreement that no person other than a person appointed by the Regional Railway Manager,

Konkan Railway Karwar as aforesaid should act as arbitrator and if for any reason that it is not

possible the matter is not to be referred to arbitration at all. Subject as aforesaid, the provision of

the arbitration act 1940 or any statutory modification or reenactment thereof and the rules

made thereunder from time to time shall apply to such arbitration. The arbitrator may with

the consent of the parties extend from time to time, the tenure for making and publishing the

award. The venue of arbitration shall be at Mangalore.

40. Subletting of contract: Any commercial contract cannot be subletted. If subletting is detected at

any stage of the contract, contract can be terminated at any stage of the contract


21

41. The licensee shall at all times keep the KRCL indemnified against and shall reimburse to the

Corporation all claims, demands, suits, damages, costs, charges and expenses, whatsoever, which the

KRCL may sustain or incur by reasons or in consequent or any injury to any person or to any property

resulting directly or indirectly from any set of commission and omission on the part of the licensee, his

servants or employees in the conduct of the business for the purpose of which this license is granted.

42. Transfer of license in the event of death of the contractor / licensee : In the event of the

death of the contractor / licensee the license can be transferred in the name of legal heir for the

un expired portion of the agreement.

43. Rationalization of Commercial Contract: Under the rationalization scheme commercial

contracts will be operated to coincide with the financial year i.e. April - March for all the regions.

However if the contract is awarded in between then the first and last license fee will be calculated for

part of the year on pro-rata basis. For the entire intervening period license fee will be charged from

April-March i.e. Covering with financial year. The process to levy six monthly bills in respect of all

commercial establishments for license fee, water charges and electricity etc. Will be applicable to all

commercial establishments.

44. Inspections: The KRCL or other Officer of the KRCL duly authorized on its behalf, may, if in

its or his sole discretion it is considered necessary to improve the service rendered by the

Licensee(s) in pursuance of the subject contract, KRCL may depute a Catering/Commercial or

any other Inspector to supervise the functioning of the Licensee(s) for any period which the KRCL or

such officer may deem fit and proper. The cost of the inspector so deputed may include his pay and

other emoluments and allowances for the period of such deputation, shall be recovered from the

Licensee(s). The decision of the KRCL or such other authorized officers, regarding the necessity to

improve the service, the deputation of any Inspector, the period for which such Inspector is to be

deputed and the emoluments etc., of such Inspector payable by the Licensee(s) shall be final and

binding upon the Licensee(s).

45. The Licensee shall pay the amount of such emoluments etc., without the demur merely on a

demand by the KRCL failing which the KRCL may recover the same from the Licensee(s) in the

same way as other sum due and payable by the Licensee(s). The contractor should give full

cooperation to the nominated KRCL officials or the authorized officials for inspection of the

establishment.

46. The Licensee shall carryout such improvements as may be necessary for ensuring better service,

and shall take suitable notice of complaints made by the passengers either direct or noted in the book

maintained at the station.


22

47. Termination: The contract will be terminated automatically on completion of tenure i.e. 3

years However contracts can also be terminated due to "unsatisfactory performance during

contract period. The following items would constitute unsatisfactory performance leading to

termination of the contract.

1) Use of establishment for any other purpose than the contract

is awarded

2) Sale of unauthorized items.

3) Overcharging.

4) Delay in payment of dues.

5) Poor quality of service.

6) Complaints from the serving public.

7) Adverse inspection report by authorized KR representative

8) Subletting

9) Un lawful behavior of the licensee or his representatives.

10) Throwing of garbage at/near place of contract/platform/Track.

The termination clause will be invoked by one month notice in advance, extending opportunities

to the contractor to make good the performance. This will be followed by 07 days notice and final

termination notice at the end of notice period.


23

In witness whereof the said parties hereto have hereinto set their hands the day year first above written

Signed by Shri.…………………………………….

Assistnat Commercial Manager

Konkan Railway, Madgaon.

For and on behalf of the

CCM/KRCL in the

Presence of

Shri.…………………………………………

…………………………………………

WITNESS:

Signed by

Shri.………………………………………………………………………………………………………

the Licensee in the presence of

Witness: Witness:

Signature (1) ..

Name ..

Address ..

Signature (2) ..

Name ..

Address ..

SIGNATURE OF THE LICENSEE Assistant Commercial Manager

Konkan Railway Madgaon.


24

Annexure-I

PHOTO WITH

SIGNATURE

5 X 7

KOKAN RAILWAY CORPORATION LIMITED

(PART –1 TECHNICAL BID)

Packet A

1) Priority Code (P1/P2/P3)

2) Name of Station

:

3 Name of Contract

4)

Address with Documentary

Proof, such as Electric Bill,

House Rent Bill, Ration

Card etc.

:

:

5)

Details of past experience

for running Parking Stand :

6)

Whether the applicant is

individual or Partner, if so

Partnership Deed is to be

attached

:

7)

Financial status of the

Applicant

(Bank Balance supported by

certificate from bank)

:

8)

Current Antecedent

Certificate from Police

Authorities

:

9)

Details of land acquired by

Konkan Railway (attach

attested copy of proof)

Total land holding and

percentage of land given to

Konkan Railway

:

:

10) a) Details of Earnest

Money Paid

DD No……….......

Date……….........Rs…………Bank

………..

I shall abide by the Terms & Conditions attached with the Tender Form.

Signature of Tenderer

Date

25

Note : Please Attach attested copies of Documents/testimonials

Annexure-II

PACKET – B (Financial Bid)

TENDER APPLICATION FORM FOR PACKET “B” FOR ALLOTMENT

OF CYCLE/SCOOTER/MOTOR CYCLE/CAR PARKING STAND

AT ……………..STATION

1 .Full name of the

Applicant/Firm, Address

(In Block Letters)

.Telephone No.

2 Financial Bid of the

tenderer

Rs.____________________________per annum

3

In Words

Rupees

___________________________________________

_________________________________________

per annum.

I hereby agree to pay the annual license fee (bid amount) and security deposit (20% of annual

license fee) and other payable amounts in full before the commencement of the contract to

KRCL, in the event that the contract is allotted in my / our favor. It is also submitted that I / We

have read and understood the terms and conditions attached to this application.

Place:

Date : (SIGNATURE OF TENDERER)

26

Annexure-III

1. Details of License if any, held at any Railway Station in own name or in the name of

spouse, children, parents, grand children, brothers, sisters, or any other relatives.

a) NATURE OF LICENCE : ___________________________

CONTRACTS HELD :___________________________

b) PLACE OF LICENCE :___________________________

c) PERIOD OF LICENCE(S) : ___________________________

CONTRACT(S) : ___________________________

d) CLEARANCE CERTIFICATE FROM THE STATION-IN-CHARGE / OFFICE-IN-

CHARGE IN RESPECT OF NO DUES TO BE ATTACHED

______________________________________________________

______________________________________________________

e) NAME AND ADDRESS OF SPOUSE / LEGAL HEIRS OF THE

TENDER(S)

______________________________________________________

______________________________________________________

SIGNATURE OF THE TENDERER

NB: a) In case of NIL report the Performa must be filled with NIL

Report and submitted duly signed.

b) In case the above space is not adequate, the details (a to d)

on the additional sheets, duly signed may be attached.

( To be submitted along with Technical Bid.)

27

Annexure-IV

CERTIFICATE

. I / We hereby declare and certify that I / We have inspected the site(s) of proposed

Commercial Establishments and have fully familiarized myself / ourselves with all aspects of

constructional / operational constraints such as accessibility & working conditions.

Signature of Tenderer:

Date & Address: