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COMMERCIAL DEPARTMENT
TENDER FORM
Office of the
Sr. Divisional Commercial Manager, Coaching
Northern Railway, Delhi Division
Contact : 011-23743084
Fax : 011-23746077
Signature of Tenderer
Page 1
TABLE OF CONTENTS
SN
DESCRIPTION
PAGE No
4-6
7-12
13
SCOPE OF WORK
14-18
RESERVE PRICE
19
SERVICE CHARGES
19
7-8
DRAFT AGREEMENT
20-35
ANNEXURE:1
LETTER OF APPLICATION
36-37
ANNEXURE:2
ANNEXURE:3
40
ANNEXURE:4
TECHNICAL BID
41-42
ANNEXURE:5
FINANCIAL BID
43
ANNEXURE:6
44
Signature of Tenderer
Page 2
DISCLAIMER
The Tender document may not be apposite for all persons interested in
bidding as it is not possible for the Indian Railways or any of their
employees or advisors to take into consideration the financial and
investment objectives, financial situation as well as specific needs of each
party who reads or uses this Tender document.
The prospective bidders should conduct detailed analysis and study for
authenticating the accuracy and completeness of the information provided
in the Tender document and wherever necessary to obtain independent
opinion from appropriate sources.
The Tendering Authority may in its absolute discretion, but without being
under any obligation to do so, update, amend or supplement the
information/ clauses in this Tender document.
Signature of Tenderer
Page 3
SECTION 1
NOTICE INVITING BID
Tender Notice No. 7/ PUB/ Deluxe Pay & Use Toilet/ 2016
1.1
GENERAL
For and on behalf of President of India, Sr. Divisional Commercial Manager,
Coaching, Delhi Division, Northern Railways thereinafter known as
Railways invites sealed tenders (Two Bid System) from interested and
eligible agencies for provision of Deluxe Pay & Use toilets on BOT basis.
The key details are as follows:
KEY DETAILS
SN
Items
Description
a.
Name and Scope of : Provision of Deluxe Pay & Use public toilets
Work
on "Build, Operate and Transfer" (BOT) basis
at railway stations for a concession period of
15 years. These high quality toilets shall be
constructed by firms at their own costs and
shall be operated and maintained by them on
'Pay and Use' basis, with provision for value
added services and rights for commercial
advertisement through glow signboards etc.
on the interior and exterior walls (subject to a
maximum of 75% of available surface area) of
the building of the Toilet Complex.
b.
Reserve Price
Toilet Block)
c.
Earnest
Deposit
d.
e.
(Per :
Signature of Tenderer
Page 4
SN
Items
Description
the web site.
f.
h.
i.
j.
Period of Contract
l.
The tender documents can be obtained from the office of Sr. Divisional
Commercial Manager, Coaching, Northern Railway, Delhi Division, DRMs
Office State Entry Road New Delhi 110055. Payment shall be made by demand
draft drawn in favour of Sr.DFM, Northern Railway, Delhi Division. The cost of
Tender Form downloaded from website will have to be paid in the form of
Demand Draft drawn in favour of Sr.DFM, Northern Railway, Delhi Division
enclosed separately in addition to Earnest Money while submitting the tender.
1.2
Eligibility Criteria
i. The turnover of the bidder shall not be less than Rs 1.00 crore (Rs One crore
only) during last three consecutive years from the business of operating and
maintaining toilet complex. The bidder will submit the copy of audited
balance sheet for last three concluded financial years along with a copy of
ITR-IV (The turn over should be duly certified by a Chartered Accountant).
ii. The bidder should have positive net worth minimum of Rs. 50.00 lakh each
during the last concluded three years as on date of submission of financial
bid. (Duly certified by the Chartered Accountant).
iii. The bidder should have minimum experience of five (5) years in the field of
construction, operation and maintenance of Deluxe Pay and Use toilet.
(Copies of the Work orders in format as in Annexure 4 should be submitted)
iv. The bidder should have executed minimum five works of similar nature
(Built, Operate & Transfer basis of toilets ). At least two of the above works
Signature of Tenderer
Page 5
vii. The bidder shall submit an affidavit confirming that the firm has not been
blacklisted or debarred by the government or the other agencies for which it
has worked.
Signature of Tenderer
Page 6
2.
These will be new high quality toilets constructed by the bidder at their
own costs on Built, Operate and Transfer (BOT) mode, operated and
maintained by them through 'Pay and Use' and Commercial Publicity, with
provision of value added services.
2.1.3
viii. The successful bidder shall construct structurally sound and aesthetically
appealing building complex as per plans submitted to and approved by
Railways. He will be required to run/ maintain the same in good condition
round the clock. The interested bidders will submit in the bid, their plan/
drawings/ design of the proposed toilet block, attractive building elevation
of the complex showing the details of plan, its specifications and pattern of
advertisements along with dimensions of the proposed toilet blocks. The
bidders are also advised to inspect the proposed sites and its surrounding
and fully satisfy themselves about various aspects like surroundings,
drainage, water supply etc. before submitting the bids.
ix.
2.1.4 The offer from the tenderer has to be in two parts:(a) The Technical Bid &
(b) The Financial Bid
2.2 Contents of Technical Bid
(a) Covering letter stating the validity of proposal: as per Annexure 1
(b) Affidavit by authorized signatory: as per Annexure 2
(c) Anti-collusion certificate: as per Annexure 3
(d) Technical Bid: as per Annexure 4
(e) Earnest Money amount Annexure 6
(f) Cost of tender in case the Bid document has been downloaded from web
2.3
2.3.1
Signature of Tenderer
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2.6
2.6.1
Amendment of TENDER
Railway can modify the Tender document by issuing corrigendum or
addendum at any time prior to the due date of submission of the proposal.
For allowing the bidders proper and reasonable time in which the
corrigendum or addendum, if any would have to be taken into
consideration, the Railway, at its sole discretion, may extend the time frame
of submission of the proposal.
2.6.2
2.7
2.7.1
2.7.2
2.8
2.8.1
2.8.2
2.8.3
2.8.4
Signature of Tenderer
Page 8
(c) If the bidder does not sign the contract agreement within 30 days of
issuance of Notice of Award.
2.9
2.9.1
2.9.2
2.9.3
Validity of Proposal
The proposal to be submitted shall indicate that it would remain valid for a
minimum period of 90 days from the bid opening date. Railway reserves
the right to summarily reject all such proposals which do not meet the
requirement as mentioned.
Prior to the expiry of the original Proposal Validity Period, Railway may
extend the period of validity for a specified additional period. A Bidder
may refuse the request without forfeiting the Earnest Money. A Bidder
agreeing to the request will not be allowed to modify its proposal, but
would be required to extend the validity of its earnest money for the period
of extension and comply with Clause 2.10 of this document in all respects.
The successful Bidder shall extend the Proposal Validity Period till the date
of execution of the Agreement.
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Page 10
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Security Deposit
The security deposit equivalent to 10% of the first year license fee will be
paid in advance in form of bank draft. The Security deposit shall be
released on completion of contract, on submission of a certificate issued by
Station Manager/ Station Superintendent of the station and by Commercial
Inspector of the area in case of a toilet situated at places other than at a
railway station certifying that the toilet block has been handed over by
Licensee to the Railways free of all debris all fittings /Assets intact.
The validity of the security deposit should be upto the completion of
contract plus one extra year to cover any eventuality.
Signature of Tenderer
Page 12
3.
3.1
3.2
3.2.1
Payment Terms
The Licensee shall pay an annual license fees to the Railways as quoted in
the financial bid. There will be an annual increase of seven percent in
license fees. The payment of license fees will be on half yearly basis to be
paid in advance within ten days of the first month when payment is
due. For any delay in payment of license fees, a penalty of two percent
will be levied on the due amount in first month. In second month, penalty
will increase to three percent. After two months the security deposit will
be forfeited and process of termination shall be initiated.
3.3
3.3.1
Indemnity Clause
The selected Licensee/ Firm shall fully indemnify Railways in case of any
decree or order is passed against Railway by any Court, Forum, or Tribunal
due to death of or injury to any of the agent or servants of the Licensee
while carrying out the work under the agreement & indemnify, protect,
defend and hold harmless Railways, its/ their officers, employees and
agents from and against any and all demands, claims, suits and causes of
action and any and all liabilities, costs, expenses, settlements and judgments
arising out of the failure of the successful bidder to discharge its obligations
under this agreement and to comply with the provisions of applicable laws
and any permit or approval that may have been obtained or may be
required or arising out of or attributable to any act or omission of the
successful bidder. In case any proceedings in any Court/ forum are initiated
against Railways due to any omission or commission on part of the
successful bidder or due to any non-compliance of any statutory laws, the
successful bidder shall provide the cost of litigation and expenses incurred
by Railways in defending such proceedings in addition to any other action
that Railways/Northern Railway may take.
3.4
3.4.1
Signature of Tenderer
Page 13
SCOPE OF WORK
4.1
4.1.1
The inside height of the toilet complex should be three meters. The size and
layout of the toilet complex would depend on the number of users requiring
the facility and availability of space and other local conditions. The layout
and design of the complex must leave room for future expansion if any
when required without causing major modifications. The design/
architecture of the complex should be in consonance with and should not
clash with the surroundings.
Optimum size of the toilets and bathrooms may be mentioned for guidance.
The floor should slope gently towards the floor trap. The floor of the
bathing area should be sunk to avoid the flow of water outside the bathing
area.
Wall mounted urinals of vitreous china of latest user friendly design of
approved type should be used, partitioned with slabs of granite. There
should be no open drain. Flushing of urinals should be automatic.
Separate ladies and gents section.
Separate designed toilet for use of handicapped (to be constructed enabling
the same to be used by a person on a wheel-chair).The same, can, however,
be used by normal users also.
Separate bathing and changing area.
Provisions for hot and cold water in taps and showers in each bathroom. All
water pipes should be concealed in the walls.
Chrome plated brass bib cocks should be used for taps. Taps with dual
supply (hot/ cold) arrangements should preferably be provided in
bathrooms.
Proper flush system with push button flush valve system fitted in the wall
for better maintenance and durability.
Adequate provision of exhaust fans to have effective ventilation.
Provision should be made in the design of toilet complex to provide natural
light during day time.
Proper electric provisions with concealed wiring.
Hand wash area (separate for ladies and gents) with large sized mirrors and
sinks. For elegant appearance and durability sink should be lined with
granite. Water storage tanks of approved quality and adequate capacity to
be provided. Water treatment equipment should be provided for
softening/purifying the water fit for human consumption.
Round the clock service throughout the year.
Standard signage and display boards in Hindi, English as well as regional
language.
To be completed within six months from the date of physical possession of
site. In case of failure of the bidder to complete the work within the
stipulated period, attributable to causes within the control of the bidder, he
shall be liable to pay penalty as per stipulated terms and conditions in the
agreement. The decision of Railways in this regard will be final and binding
upon the bidder.
4.1.2
4.1.3
4.1.4
4.1.5
4.1.6
4.1.7
4.1.8
4.1.9
4.1.10
4.1.11
4.1.12
4.1.13
4.1.14
4.1.15
4.1.16
4.1.17
Signature of Tenderer
Page 14
4.2
4.2.1
PROJECT COMPLETION:
The construction shall have to be completed within six months of date
handing over the site to the Licensee for construction. No extension
shall be given under normal conditions. However, if Railways is satisfied
that delay, if any, has been caused on railway accounts, extension may be
granted for the period to the extent of delay caused. To avoid delay in
project, the concerned departments should provide necessary permissions
at the earliest and responsibility should be fixed to avoid financial losses to
the railways on account of delay.
4.4
4.4.1
4.4.2
Signature of Tenderer
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i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
xvi.
xvii.
xviii.
xix.
xx.
xxi.
xxii.
xxiii.
etc. should always be available at the cost of the Licensee. In addition, the
following should also be ensured:
Provision of litterbins for proper garbage disposal.
Adequate number of safaiwalas in proper uniform with name badges to
be posted.
Employee schedule to be provided and displayed.
The floor and wall of the toilets must remain dry all the times.
There should be a board clearly displaying the name of cleaning staff and
supervisor on duty in each shift. The notice board will also display the time
the toilet is last cleaned with the name of cleaning staff.
Metallic Taps must not have any water spot and should be cleaned
regularly at a fixed interval.
The cleaning of toilets and urinals should be done at fixed intervals
depending upon patronage, preferably after each use.
Store room for keeping material for day to day operation & maintenance.
The staff provided should be literate and courteous towards the users and
assist handicapped persons and old aged users.
Proper training to be provided to the safaiwalas.
Standard cleaning materials and equipments should be used.
The following maintenance work should be done by the Service Provider:
All repairs and routine maintenance including prompt repairs of potholes,
cracks, concrete joints, electric fittings, lighting, sanitary fittings and signage
of the complex should be promptly attended to by the Licensee.
It will be the responsibility of the Licensee to ensure proper drainage upto
the pitfall and any choking of drainage should be attended to by him
promptly.
White washing and painting should also be undertaken as and when
required.
Mechanized grinding and polishing of the floor surface of the toilet shall be
done at least once a year
Flowering plants/ Flower pots may be provided in and around the toilet
complex for beautification.
Safety and security of passengers/ users shall be ensured.
Prevention of any encroachment in/ or adjoining Pay & Use toilet block.
There shall be complete ban on smoking in public places. The toilet complex
should be operated as a no-smoking zone. Proper indication boards to this
effect should be displayed in the complex at noticeable points.
Cleanliness/hygiene of surroundings of toilets (about 2 meters around)
should be ensured by the Licensee.
Proper litter/garbage disposal at an authorized garbage dump should be
done by the Licensee.
Adequate inventory of cleaning material like phenyl, naphthalene balls, and
liquid detergents for cleaning floors and tiles, liquid soap solution, floor
wipers, brushes, dusters, mops, buckets, mugs, dustbins etc. should always
be available at the cost of the service provider. In addition to, the following
should also be ensured
Adequate number of safaiwalas in clean proper uniform with name badges
to be posted.
Signature of Tenderer
Page 16
xxiv.
VERIFIABLES:
Floor must be dry all the times.
The entire block must be stink free.
All metallic material like taps etc. must be spotless.
There should be no dust/spot on the walls.
There should be no broken tile/stone either on wall or on floor.
All the fittings must be in working condition all the time.
Name of cleaning staff and supervisor on duty must be displayed
showing clearly the time last cleaned and due to be cleaned next time.
4.5.8 Staff must be medically fit, with trimmed nails, hair properly combed
and dressed properly in neat and clean uniform.
4.5.9 Hand towels, soap dispensers should be cleaned and spotless.
4.5.10 Sufficient quantity of toilet rolls should be there.
4.6
4.6.1
4.6.2
4.6.3
4.6.4
4.6.5
4.6.6
4.6.7
4.6.8
4.6.9
4.6.10
4.6.11
4.6.12
4.6.13
4.6.14
Signature of Tenderer
Page 17
4.6.15 To avoid wastage of water at wash basins taps should be provided which
dispense water in measured quantities.
DESIRABLE AMENITIES*:
AVMs for hot and cold beverages.
Solar energy system.
Lounge.
Provision for shoe polishing through automatic machine only.
Supply of newspaper and magazines and toilet usables like tooth brush,
paste , hair oil , etc. at printed rates.
4.6.21 The Licensee will also provide other toiletries item like shampoo pouch,
slippers, hair oil, bathing soap, tooth brush, razor, shaving cream etc.
against the payment at MRP basis.
4.6.22 The Licensee will provide, on demand bathing towel and hand towel
against payment of Rs. 10 and Rs. Five respectively. The towels must be dry
cleaned, pressed, crisp, fresh and not used earlier.
4.6.16
4.6.17
4.6.18
4.6.19
4.6.20
*[The above amenities both compulsory and desirable should be provided in deluxe toilets at
A-1 category of stations and compulsory amenities should be provided in deluxe toilets at
'A' and 'B' category stations].
4.7
4.7.1
4.7.2
SECTION
WC
BATH
URINALS
5
3
---
3
2
---
5
-----
Gents
Ladies
Others
4.7.3
HANDICAPPED
(differently disabled)
----1
CLOAK
ROOM
----1
Number of the units (other than cloak room) will be mentioned in the
drawing submitted by the agency. The numbers can however be enhanced
as per the availability of land as well as amenity requirement of the station.
Toilet bath (facility of bath, WC and wash basin with mirror) units can also
be provided if feasible.
Signature of Tenderer
Page 18
5.
5.1
5.2
5.3
6.
RESERVE PRICE
The Reserve price for Deluxe pay and use toilet on BOT basis for different
category of stations per toilet block (comprising of units for WC, Bath,
urinals, handicapped units etc. as mentioned in guidelines) will be as
under:[Rs. 4,00,000/- per annum (for New Delhi, Delhi, and H. Nizamuddin stations).
For A-1 stations other than (i) above = Rs.2,00,000/- per annum.
For A category stations = Rs.1,00,000/- per annum.
For B category and other category stations = Rs.50,000/- per annum.]
The reserve price is exclusive of any tax. All taxes, including but not limited
to service tax etc., shall be paid by the successful bidder in addition to the
offered bid price.
There will be an annual increase of seven percent in license fees.
SERVICE CHARGES:
There will be no price regulation and the Licensee can charge freely.
However, the charges levied from the users/ passengers will be market
driven depending upon the types of services provided. Rate list should be
displayed at a conspicuous location/ entry to the toilets. They should also
issue receipt to the users/passengers which should preferably be done
through computerized billing system.
Signature of Tenderer
Page 19
7.
DRAFT AGREEMENT
:-
Approximate Rate
:-
Date of commencement
:-
Date of Expiry
:-
Signature of Tenderer
Page 20
4.
The PBG will remain in safe custody with Railways for a period of 6
months or till the completion of construction whichever is later, after
which either it will be returned to the Licensee or can be adjusted
against license fees, if requested by the Licensee.
iii.
5.
The Licensee shall provide both compulsory and desirable amenities at A-1
Category stations and compulsory amenities should be provided at A & B
category stations, as per Annexure-A.
6.
The Railway Administration shall provide land to the Licensee. The title of
the land will continue to vest with the Railways. The approximate location of
the site is indicated in site plan. The detail of the location is attached as
Annexure-B
7.
The Licensee shall submit the architectural plan/ drawing/ design of the
proposed toilet block of each site indicating the specification to be adopted,
covered area advertisement area and key plan etc. these should conform to
guidelines of the Revised Pay & Use Toilet Policy. The Licensee shall
construct structurally sound and aesthetically appealing building complex as
per plans submitted to and approved by Railway Administration.
8.
The Licensee shall ensure that construction of the Deluxe Pay & Use Toilet
block is complete within a period of six months from the date of handing
over physical possession of each site. The work shall have to be completed to
the satisfaction of the Railway Administration. No extension shall be given
under normal conditions. However, if Railways is satisfied that delay, if any,
has been caused on railway account, extension may be granted for the period
to the extent of delay caused. In case of failure of the Licensee to complete
the work within the stipulated period, attributable to causes within the
control of the Licensee, he shall be liable to pay penalty to the Railway
Administration compensation @ 1% per week of the total estimate cost of the
public convenience (as assessed by the Railway Administration) subje ct to a
maximum of 10% of the total estimate cost of concerned public convenience.
The Railway Administration may levy and collect penalty @ lower than 1%
depending upon its assessment of the circumstances of delay. The decision of
the Railway Administration in this regard shall be final and binding upon the
Licensee. The action under this clause of this agreement shall be without
prejudice to any other right or remedy available under the law to the Railway
Administration.
Signature of Tenderer
Page 21
9.
The period of License for operation and maintenance of toilet block will be in
accordance with MCD (Mean Commencing Date). In normal circumstances
the MCD will start after completion of construction of toilet i.e. 6 (six)
months from the date of possession of site to the Licensee. However, if there
is any delay and Railways are satisfied that delay, if any, has been caused
due to unforeseen circumstances on account of railways, natural calamities
etc. extension may be granted for completion of work and thereafter, the
MCD of the License shall start after 7th day of completion of construction
with consideration of all due extensions which have been granted in this
regard.
10.
Period of Concession
The period of Concession Agreement for Deluxe, 'Pay and Use' toilets under
BOT scheme will be 15 years. In this regard it must be clear that it is neither a
land lease agreement nor the concessionaire is paying land license fee. This is
a License purely for building and running toilets with full land ownership
right vested with Railways.
11.
License fees
The Licensee shall pay an annual license fees of Rs. ____________________ in
the first year to the Railways as quoted in the financial bid. The license fee
will be increased @ 7% for each subsequent year. The payment of license fee
will be on half yearly basis to be paid in advance within ten days of the
first month when payment is due. For any delay in payment of license
fees, a penalty of two percent will be levied on the due amount in first
month. In second month, penalty will increase to three percent. After two
months the security deposit will be forfeited and process of termination
shall be initiated.
12.
Security Deposit
The Licensee has deposited security deposit of Rs._______________ vide
No._____________ dated _________ issued by _________ (Bank name &
address)._____. The Security deposit shall be released on completion of
License period on submission of a certificate issued by SM/SS of the station
and by CMI of the area in case of a toilet situated at places other than at a
railway station certifying that the toilet block has been handed over by
Licensee to the Railways free of all debris all fittings /Assets intact. The
validity of the security deposit should be upto the completion of License
period plus one extra year to cover any eventuality.
13.
Renewal
After completion of concession period, the License can be renewed further for
another term at the discretion of the Railway Administration on satisfactory
performance of the agency subject to structural soundness and aesthetics of
the toilet. The renewal shall be done @ 25% increase on the last year license
fee of the running License period. The annual increase in license fees will be
@ 7% every year during the renewed License also.
Signature of Tenderer
Page 22
14.
Termination of License
The Railways can terminate the License in case of continued non-compliance
of Service conditions by the Licensee with one month's notice. The assets will
then be transferred to Railways at the Depreciated Replacement Value for the
remaining period . The Railways will be free to lease the assets on further
License.
15.
Arbitration
a. In the event of any dispute or difference of opinion arising out of this
Agreement or any special condition of license or in connection with
this agreement, the same shall be referred to the sole arbitration. The
arbitrator shall be appointed by the General Manager, Northern
Railway. There will be no objection if the arbitrator appointed is a
Gazetted Railway Officer. The Gazetted Officer appointed as arbitrator
however will not be one of those who had an opportunity to deal with
the matter to which the license relates or who in the course of their
duties as Railway servants have expressed views on all or any of the
aspects of the matter under dispute or differences.
b. In the event of the arbitrator dying, neglecting or refusing to act for
any reason or his award being set aside by the court for any reason, it
shall be lawful for the authority appointing the arbitrator to appoint
another arbitrator in place of the outgoing Arbitrator.
c. The arbitration proceedings shall be governed by the Arbitration and
Conciliation Act, 1996/ Amendment Act, 2015.
d. The award of the arbitrator shall be final and binding on the parties to
this license subject to aforesaid, the Arbitration and Conciliation Act,
1996 and the rules made there under or any statutory modification
thereof for the time being in force shall be deemed to apply to the
arbitration proceeding under this clause.
e. The Arbitration Award shall be executed on stamp paper in
accordance with the applicable Stamp Duty Act.
f. The venue of arbitration shall be New Delhi
g. Where the arbitral award is for the payment of money, no interest shall
be payable on whole or any part of the money for any period till the
date on which the award is made.
16.
Punitive Clause
Railways can impose a fine on the Licensee if the desired level of cleanliness
is not maintained and for lack of proper upkeep, facilities, etc. fine upto Rs
1000/- at a time for unsatisfactory cleanliness and upto Rs. 2000/- at a time
for lack of proper upkeep facilities may be imposed. However, in no case the
fine should be more than Rs 5000/- at a time. The fine can be imposed only
by Sr.DCM/DCM on the recommendation of SS/SM/CMI of the station.
Signature of Tenderer
Page 23
17.
Service Charges
There will be no price regulation and the Licensee can charge freely.
However, the charges levied from the users/passengers will be market driven
depending upon the types of services provided. Rate list should be displayed
at a conspicuous location/ entry to the toilets. They should also issue receipt
to the users/passengers which should preferably be done through
computerized billing system.
18.
Shifting of Toilets
Normally, a toilet block should not be shifted before expiry of concession
period and as removal/ shifting/ relocation of toilet before completion of the
concession period will lead to financial implications. It will be more
reasonable that after having agreed in principle to shift/ relocate the toilet,
DRM should send a proposal to HQ office, which will be put for final
approval of CCM.
a. Removal/Shifting/Relocation of the toilet is in public interest.
b. That, sufficient toilets are available at that station/location and
c. there will not be any deficiency in service.
d. That, there is no other option.
As far as mode of compensation to the concessionaire is concerned, a
committee of three JA-Grade officers, each from Commercial, Engineering
and Finance will be formed. Where JAG officer of the concerned department
are not available, a Sr. Scale Officer may be deputed by the DRM. The
committee so formed will be empowered to negotiate with the concessionaire
for award of compensation either in monetary terms or in terms of extending
the period or both. The committee will give its recommendation keeping in
view the following broad parameters:
a. Desirability of the service.
b. Location/area of the existing and proposed toilet, if proposed.
c. Time left in completion of the concession period.
d. Financial & legal implications.
DRM will be the accepting authority of recommendations of the JA grade
committee as stated above regarding mode of compensation to the
concessionaire.
19.
Tax Liability
The Licensee shall be responsible for all the taxes, levies, rates etc. applicable
on license including but not limited to Service Tax as per extant provisions
and to be paid to the civic agencies for the services rendered by him,. There
will be no tax liability upon the railways whatsoever on any account. The
Licensee shall indemnify the Railway for any claim/loss/damage due to noncompliance / violation of any statutory law/ bye-law/rule etc.
20.
Signature of Tenderer
Page 24
While the Licensee shall be responsible for ensuring a complaint free service,
they should also maintain a complaint and suggestion register at the toilets,
which should be kept in a prominent place and made available to the
users/passengers. A notice to this effect may be displayed at the entry points
to the toilets.
21.
22.
23.
Advertisement rights
The Licensee will be allowed to display advertisement, preferably
illuminated, on the interior and exterior walls of the toilet building. However,
the advertisements displayed shall not be repugnant to the general standards
of morality and should not hurt the religious sentiments of any section of the
society or compete with service provided by the Railways.
24.
Signature of Tenderer
Page 25
i.
The inside height of the toilet complex should be three meters. The size and
layout of the toilet complex would depend on the number of users
requiring the facility and availability of space and other local conditions.
The layout and design of the complex must leave room for future
expansion if and when required without causing major modifications. The
design/architecture of the complex should be in consonance with and
should not clash with the surroundings.
ii.
iii.
iv.
v.
vi.
vii.
Provisions for hot and cold water in taps and showers in each bathroom.
All water pipes should be concealed in the walls.
viii.
Chrome plated brass bib cocks should be used for taps. Taps with dual
supply (hot/cold) arrangements should preferably be provided in
bathrooms.
ix.
Proper flush system with push button flush valve system fitted in the wall
for better maintenance and durability.
x.
xi.
xii.
xiii.
Hand wash area (separate for ladies and gents) with large sized mirrors
and sinks. For elegant appearance and durability sink should be lined with
granite. Water storage tanks of approved quality and adequate capacity to
be provided. Water treatment equipment should be provided for
softening/purifying the water fit for human consumption.
xiv.
xv.
2.
Signature of Tenderer
Page 26
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
3.
Page 27
e. The floor and wall of the toilets must remain dry all the times.
f. There should be a board clearly displaying the name of cleaning staff and
supervisor on duty in each shift. The notice board will also display the time
the toilet is last cleaned with the name of cleaning staff.
g. Metallic Taps must not have any water spot and should be cleaned
regularly at a fixed interval.
h. The cleaning of toilets and urinals should be done at fixed intervals
depending upon patronage, preferably after each use.
i. Store room for keeping material for day to day operation & maintenance.
j.
The staff provided should be literate and courteous towards the users and
assist handicapped persons and old aged users.
Signature of Tenderer
Page 28
4.
Verifiable:
a. Floor must be dry all the times.
b. The entire block must be stink free.
c. All metallic material like taps etc. must be spotless.
d. There should be no dust/spot on the walls.
e. There should be no broken tile/stone either on wall or on floor.
f. All the fittings must be in working condition all the time.
g. Name of cleaning staff and supervisor on duty must be displayed
showing clearly the time last cleaned and due to be cleaned next time.
h. Staff must be medically fit, with trimmed nails, hair properly combed
and dressed properly in neat and clean uniform.
i. Hand towels, soap dispensers should be cleaned and spotless.
j.
5.
The successful Licensee should observe all statutory labour laws including
but not limited to, those of muster roll, deduction of Provident Fund,
employees insurance, Payment of Wages Act, Hours of Employment
Regulation Act, Contract Labour Regulation & Abolition Act, 1970 etc.
6.
7.
8.
The Licensee must comply with all the safety parameters at work and shall
assume all liability, indemnity against claims if any, including legal
expenses if any arising out of any mishap, accident and consequential
matters related to this License.
9.
Licensee shall have proper insurance for natural disaster, Accidents, fire,
theft, burglary in respect of property/assets of/ in the premises and the
Railway Administration shall not be liable/responsible for any
loss/damage etc. to the licensee for any such event.
10.
The Licensee, should be well acquainted with the legal and regulatory
framework related to the License, will observe all the statutory laws as laid
down from time to time and should have all the applicable permits,
licenses, approvals and clearances relating to License.
Signature of Tenderer
Page 29
11.
12.
13.
14.
The Licensee shall ensure that each toilet structure displays a sign saying
Built and maintained by M/s _______________________ for Northern
Railway : along with the NR logo well lit public conveniences prominently
on the walls of the structure. The height of these letters shall be at least 15
cms.
15.
16.
17.
The Licensee shall be at a liberty to utilize the walls of the structure for the
purpose of advertisement. Rights for advertisement through glow
signboards etc. may be permitted on the interior and exterior walls (subject
to a maximum of 75% of available surface area) of the building of the Toilet
Complex but mounted hoardings on roof would not be permitted. However
space on rooftop can be utilized to install solar cells/water heaters etc.
18.
The Licensee shall not display or exhibit any picture/ poster/ statue or
other articles in any part of the premises that are repugnant to the general
standards of morality. The Licensee expressly that the decision of the
Railway Administration in this regard shall be conclusive and binding on
the agency.
19.
Signature of Tenderer
Page 30
20.
The Licensee shall ensure that the premises are not used for any illegal
/unlawful activities such as smoking, drinking liquor, playing games etc.
which involves stakes/betting, laying cards etc.
21.
22.
The electricity and water charges for construction running and maintenance
of toilet block shall be borne by the Licensee.
23.
The Licensee shall prepare on the inventory of the fittings and fixtures that
are installed in the public convenience and will also provide the necessary
details of construction work carried out after the work is declared complete
at each site. The possession of the entire structure as constructed along with
fittings and fixtures provided in the public convenience will be handed over
to the Railway Administration on the conclusion of the agreement without
causing any damage.
24.
The title of interest, ownership and rights with regard to pubic convenience
constructed by the Licensee for Railway Administration along with the
fixtures/ fittings provided therein and the land allotment by the Railway
Administration shall vest with the Railway Administration except that these
will be operated and maintained by the Licensee as agreed on this
agreement.
25.
In case of loss due to theft or damage to the assets created in the public
convenience the Licensee shall be responsible for making good the same
immediately at its own cost and shall continue the complex operational and
available for the public use at all time as prescribed.
26.
27.
The site and the work assigned to Licensee by the Railway Administration
shall not be transferred by the Licensee to any person, trust, society or
institution in any manner whatsoever at any time whether during or after
the termination of the agreement.
28.
The premises of the public convenience complex shall not be used by the
Licensee for the purpose other than that for which it is allowed under the
agreement for operation and maintenance.
29.
The Licensee or its employs or agents shall behave and deal with courtesy
with the user of these public conveniences.
30.
The Licensee will not use or allow any person to use public convenience for
residential purpose and not keep any animal/ motor vehicle in or around
the complex other than one generator and one security guard to ensure
continuous serviceability.
Signature of Tenderer
Page 31
31.
The Licensee shall be allowed to plant flowering and other shrubs around
each convenience subject to the approval by the Railway Administration
who is responsible for ensuring right way to the public.
32.
33.
The Licensee shall prepare the inventory of old existing structure, dismantle
the same safety, return the serviceable to civil engineering department of
Delhi Division of Northern Railway and dispose of the unserviceable
material at the dumping ground at his own cost.
34.
The Licensee shall ensure that the service water supply, sewerage, draining,
electricity, telephone etc. in the vicinity encountered during the period of
construction/running/maintenance of the toilet block are not damaged. In
case these are required to be shifted the same shall be done by the Railway
Administration at the cost of agency.
35.
36.
On the completion of the License period, the Licensee shall hand-over the
vacant possession of the public convenience so constructed on BOT basis
along with fixtures and fittings, inventory, structures in good working
condition to the Railway administration within 24 hours and will not put
any resistance following which the premises shall be evicted and the
Railway Administration shall assume the occupation without any notice
whereupon the Licensee will have no claim.
37.
The toilets shall be constructed and maintained by firm at their own cost
and shall be run by them on Pay & Use basis and after the expiry of
License period, it will pass on to the Railways.
38.
39.
b.
Any amount which Railway become liable to the Govt/ 3rd party on
behalf of any default of the Licensee or any servant/agent.
c.
40.
Railway is not responsible for any loss of cash, any loss of installation, any
loss of any equipment due to what so ever reason may be.
41.
The Licensee will intimate the No. of employees working on the counter.
Signature of Tenderer
Page 32
42.
Amendment and any alteration in the agreement can be done with the
mutual consent of both the parties.
43.
After the expiry of the contact period or the License terminated earlier, the
Licensee shall hereby undertake to give peaceful and vacant possession of
the Railway premises to the Railway Administration
and in no
circumstances he will keep the premises in his possession and which will be
unlawful.
44.
The Licensee will not use the premises other than purpose for which it is
mentioned in the agreement.
45.
46.
The Railway Administration shall also take steps to ensure that no structure
such as kiosks stall, pillars & telephone box etc , are constructed in the
vicinity of these Deluxe Toilets which effects visibility of advertisements
& access to these conveniences for the public. However, in the special
circumstance Railways can do so by providing an alternate site for
advertisement in the vicinity of the toilet complex at mutually agreed
location.
47.
The Licensee shall ensure that the premises are not used for any purpose
other than that for which it is allowed under the Agreement.
48.
Both the parties shall be at liberty to cancel the agreement at any stage after
giving three months notice from either side, if they find that the project/
arrangement is not workable according to their aims and objectives. The
assets created by the Licensee shall stand transferred to the Railways in such
eventualities.
49.
50.
51.
Signature of Tenderer
Page 33
The sites and the works assigned to the Licensee by the Railways shall not
be transferred by the former to any person, Trust, Society or Institution in
any manner whatsoever at any time, whether during or after the
termination of the agreement.
53.
The Licensee shall not use or allow any person to use such toilets for
residential purpose.
54.
All Notices under this license by either party shall be in writing and served
by registered AD post/Speed post. All notices are to be addressed as
underIn case of licensee: [insert name & address]
In the case of Railway: [insert name & address]
55.
Force Majeure: If at any time, during the continuance of this license, the
performance in whole or in part by either party of any obligation under this
license shall be prevented or delayed by reason of any war, hostility, acts of
public enemy , civil commotion, sabotage, serious loss or damage by fire,
explosions, epidemics, strikes, lockouts or acts of God (hereinafter, referred
to events) provided, notice of the happening of any such event is given by
either party to the other within 30 days from the date of occurrence thereof,
neither party shall by reason of such event, be entitled to terminate this
license nor shall either party have any claim for damages against the other
in respect of such non-performance of delay in performance, and works
under the license shall be resumed as soon as practicable after such event
has come to an end or ceased to exist, and the decision of Railway as to
whether the works have been so resumed or not shall be final and
conclusive, PROVIDED FURTHER that if the performance in whole or in
part of any obligation under this license is prevented or delayed by reason
of any such event for a period exceeding 120 days, either party may at its
option terminate the license by giving notice to the other party.
56.
The licensee shall not employ/engage children at any stage whatsoever and
shall comply with the Child Labour Prohibition & Regulation) Act, 1986.
57.
58.
This license shall be governed by and construed in accordance with the laws
of India and the High Court/courts at [State of the Division concerned] shall
have jurisdiction in all matters relating to this license.
Signature of Tenderer
Page 34
59.
This license shall be governed by the laws of India and shall be read and
interpreted as per applicable laws/ codes/ policies/ rules/ license and bid
documents.
Witness:
1. Signature..................
Name ...........................
Addresss..................................
2. Signature..................
Name ...........................
Addresss..................................
Witness:
1. Signature..................
Name ...........................
Addresss..................................
2. Signature..................
Name ...........................
Addresss..................................
Signature of Tenderer
Page 35
ANNEXURE-1
LETTER OF APPLICATION
(To be submitted on Bidders letter head and signed by the Bidders authorized
signatory)
The President of India
Acting through Sr. Divisional Commercial Manager (Coaching),
Northern Railway
DRMs Office,
Delhi Division
Dear Sir,
Subject :
Page 36
I/We have also studied the working environment and conditions and have
made our own due diligence and assessment regarding the nature and
quantum of work.
e. I/We agree to keep our proposal valid for 90 days from the date of
submission of proposal thereof and not to make any modifications in its
terms and conditions, which are not acceptable to Delhi Division, Northern
Railway. Should this proposal be accepted, I/we hereby agree to abide by
and fulfill all the terms, conditions and provisions of the aforesaid
documents and bind ourselves to complete all formalities from time to time
as required after the award of Contract.
f. This application is made with the full understanding that the validity of bid
submitted by me / us will be subject to verification of all information, terms
and conditions submitted at the time of bidding and its final acceptance by
Delhi Division, Northern Railway. I/We agree that, without prejudice to
any other right or remedy, Northern Railway shall be at liberty to reject the
bid and forfeit the said Bid Security, cancel the contract or revoke the same
at any time without assigning any reason whatsoever in case of
misinformation / submission of fake/forged documents.
g. On account of non-acceptance of award or on account of not fulfilling bid
conditions within the prescribed time, the earnest money shall be forfeited
and I/we shall be debarred by Delhi Division, Northern Railway for further
participation in the future bids of Delhi Division, Northern Railway for a
period of one year, in addition to any other action that Delhi Division,
Northern Railway may deem fit.
A notice or letter of communication addressed to me/us at the given address
given in the Bid, even by ordinary post, will be deemed to be valid and proper
notice of intimation to me / us.
Authorized signatory
Date:
Place:
Encl:
1. Earnest money amount of Rs. in the form of Demand Draft
bearing No. . drawn upon . (Bank) dated
...................
Signature of Tenderer
Page 37
ANNEXURE-2
FORMAT FOR AFFIDAVIT TO BE SUBMITTED BY TENDERER
ALONGWITH THE TENDER DOCUMENTS
(To be executed in presence of Public Notary on non-judicial stamp paper of the
value of Rs.100/-. The stamp paper has to be in the name of the tenderer)
I/We the tenderer(s), am/are signing this document after carefully reading
the contents.
2.
I/We the tenderer(s) also accept all the conditions of the tender and have
signed all the pages in confirmation thereof.
3.
I/We hereby declare that I/We have downloaded the tender document from
Northern Railway website www.northernrailway.gov.in and printed the
same. I/We have verified the content of the printed document from the
website and there is no addition, no deletion or no alteration to the content of
the tender document. In case of any discrepancy noticed at any stage i.e.
evaluation of tenders, execution of work or final payment of the contract, the
master copy available with the Railway Administration shall be final and
binding upon me/us.
4.
I/We declare and certify that I/We have not made any misleading or false
representation in the forms, statements and attachments in proof of the
qualification requirements.
5.
I/We also understand that my/our offer will be evaluated based on the
documents/credentials submitted along with the offer and same shall be
binding upon me/us.
I/We declare that the information and documents submitted along with the
tender by me/us are correct and I/we are fully responsible for the correctness
of the information and documents, submitted by us.
6.
Signature of Tenderer
Page 38
VERIFICATION
I/We above named tenderer do hereby solemnly affirm and verify that the
contents of my/our above affidavit are true and correct. Nothing has been
concealed and no part of it is false.
DEPONENT
SEAL AND SIGNATURE
OF THE TENDERER
Place:
Dated:
**The contents in italics are only for guidance purpose.
Details as appropriate, are to be filled in suitably by tenderer.
Attestation before Magistrate/ Notary Public.
Signature of Tenderer
Page 39
ANNEXURE-3
FORMAT FOR ANTI-COLLUSION CERTIFICATE
Anti-Collusion Certificate
We hereby certify and confirm that in the preparation and submission of this
proposal, we have not acted in concert or in collusion with any other Bidder or
other person(s) and also not done any act, deed or thing which is or could be
regarded as anti-competitive.
We further confirm that we have not offered nor will offer any illegal gratification
in cash or kind to any person or agency in connection with the instant proposal.
Signature of Tenderer
Page 40
ANNEXURE-4
TECHNICAL BID
1. Name of Bidder:
2. Country of incorporation:
3. Address of corporate headquarter and its branch office(s), if any in India:
[Metropolitan Magistrate or warden of the area should certify present & permanent
address of the Bidder or any other document issued by State/ Central Govt.]
4. Date of incorporation and/or commencement of business (Please enclose
notorized copy of affidavit in case of Sole Proprietorship/ self attested copy of
Partnership Deed in case of Partnership/ Registration certificate in case of a
Cooperative Society/ MOA & AOA in case of Joint Stock Company/ In case of Joint
Venture Firms guidelines as applicable for Works tenders as per the General
Conditions of Contract/ self attested copy of Certificate of Registration, Deed of
formation along with Power of Attorney in favour of the signatory).
5. Details of authorized signatory who will serve as the point of contact/
communication
a. Name:
b. Designation:
c. Address:
d. Telephone No.:
e. FAX No.
f. e mail ID:
6. Credentials of the Bidder:
i)
Financial Position (enclose audited Balance Sheets and Profit & Loss Accounts
for the last three concluded financial years)
ii)
Annual turnover during last three consecutive years (minimum Rs. one
crore during last three consecutive years from the business of operating and
maintaining toilet complex-please enclose certificate from Chartered
Accountant)
iii)
Positive Net Worth (minimum Rs.50 lakh each during the last concluded
three years as on date of submission of financial bid certified by Chartered
Accountant).
iv)
Experience in the field of provision of Pay & Use toilets on BOT basis
(please enclose details of minimum five works experience)
SN
Name
Work
of Place
Contract/
Authority
Client/
Authority under
Tender
Cost
1.
2.
3.
Signature of Tenderer
Page 41
SN
Name
Work
of Place
Contract/
Authority
Client/
Authority under
Tender
Cost
4.
5.
v)
vi)
vii)
viii)
ix)
Certificate:
1. We declare that all information stated in the table above are complete and
absolutely correct. Above information have been furnished by us after
having satisfied ourselves with the relevant documents.
2. We understand that failure to supply the documents required with technical
bid as mentioned above could be a ground for rejection.
Authorized Signatory
Name and designation of the Authorized Signatory
Company seal along with Registration Number
Signature of Tenderer
Page 42
ANNEXURE-5
FINANCIAL BID
The President of India
Acting through Sr.Divisional Commercial Manager,
Northern Railway
DRMs Office,
Delhi Division
Dear Sir,
Sub : Sealed Tender for the contract of Deluxe Pay & Use toilets at ..
railway station of Delhi Division.
1. I/We have perused the terms and conditions governing the sealed tenders for
the contract of Deluxe Pay & Use toilets on BOT basis over Delhi Division and
hereby agree to abide the said conditions. I/We also agree to keep this tender
open for acceptance for a period of 90 days from the date of opening of tender
and in default thereof I/We will be liable for forfeiture of my/our earnest
money.
2. I/We furnish my/our offer amount as follows:
Offer towards license fee for Deluxe Pay & Use toilets (offer for first year). In case
of difference in figure and words, the amount mentioned in figures will prevail
Amount in figures
Amount in words
3. I/We hereby agree to pay the above mentioned license fee during the tenure of
the contract with escalation of 7% every year. In case of any failure, Railway
Administration reserves the right for forfeiture of my/our earnest money and
security deposit.
4. I/We have duly signed on each page of the bid document.
5. I/we understand that Northern Railway reserve the right to reject, accept or
consider any offer without assigning any reason whatsoever.
6. In case of any discrepancy in the amount mentioned in figures & words, the
amount mentioned in words shall prevail.
Signature of Bidder/Authorized Signatory
Name & Designation.
Company Seal.
Date and Place:
Signature of Tenderer
Page 43
ANNEXURE-6
Details and location of the Deluxe Pay and Use Toilet, Minimum Reserve price,
Earnest Money Deposit and Tender Cost
SN
Station
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
Signature of Tenderer
Site
plan
at
6A
1000
4,00,000
40,000
1,000
6B
1000
4,00,000
40,000
1,000
6C
A-1
1000
4,00,000
40,000
1,000
6D
968
4,00,000
40,000
1,000
6E
A-1
1000
4,00,000
40,000
1,000
6F
A-1
A
A
A
A
A
A
A
B
A
A
A
A
-
1033
645
1000
1000
1130
994
1024
1000
1000
1000
1000
1000
1000
861
1000
2,00,000
2,00,000
1,00,000
1,00,000
1,00,000
1,00,000
1,00,000
1,00,000
1,00,000
50,000
1,00,000
1,00,000
1,00,000
1,00,000
1,00,000
20,000
20,000
10,000
10,000
10,000
10,000
10,000
10,000
10,000
5000
10,000
10,000
10,000
10,000
10,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
6G
6H
6I
6J
6K
6L
6M
6N
6O
6P
6Q
6R
6S
6T
6U
A
A
A
B
B
B
B
B
B
B
B
D
1000
1000
1000
807
1000
1000
1000
1000
1000
1000
480
1000
1000
1,00,000
1,00,000
1,00,000
1,00,000
50,000
50,000
50,000
50,000
50,000
50,000
50,000
50,000
50,000
10,000
10,000
10,000
10,000
5,000
5,000
5,000
5,000
5,000
5,000
5,000
5,000
5,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
6V
6W
6X
6Y
6Z
6AA
6BB
6CC
6DD
6EE
6FF
6GG
6HH
Page 44