s tender document for operation of pay & park system at...

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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


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.


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



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



1.0 TENDER NOTICE



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.

http://www.cidco.maharashtra.etenders.in/



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

mailto:[email protected]



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:



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:



2.0 TENDERING PROGRAMME



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)



3. NOTICE OF TENDER AND INSTRUCTIONS

TO TENDERERS



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.



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.



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.



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.



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



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.



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 :



4.0 SCOPE OF WORK



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.



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)



5.0 TERMS AND CONDITIONS

OF CONTRACT



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.



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



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.



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


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


3. Cycle Re. 1.00 for first 12 hours and Re. 1.00 for


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



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.



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



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


3. Cycle Rs.1.00 for every 12 hours and Rs.1.00 for


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.



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



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)



6.0 ADDITIONAL CONDITIONS OF CONTRACT



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.



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.



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.



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.




7.0 PROFORMA OF SUBMISSION OF TENDER



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.



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.



8.0 FORM OF PAYMENTS



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 (_____) ---------------------------------------------------------------------------------------------------------------------------------------



Date : / / 20


______________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).


CASHIER

To, M/s ____________________________



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)

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



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



CASHIER

To,

Assistant Transportation Engineer (_____) ---------------------------------------------------------------------------------------------------------------------------------------



Date : / / 20


______________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



CASHIER

To, M/s ____________________________



9.0 FORM OF AGREEMENT



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



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”.



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,



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.



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.



10.0 FORM OF BANK GUARANTEE



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



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___________________________



11.0 PLAN



11.0 PLAN

1. Plan of Vashi Railway Station Forecourt Area Parking Layout is enclosed.
